[ 1021 ]
GOVERNMENT OF PUDUCHERRY
SOCIAL WELFARE SECRETARIAT
(G.O. Ms. No. 12/SWS/2018-19,
Puducherry, dated 19th 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;
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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2018 } |
21 {
No.
77 Poudouchéry Vendredi
21
Décembre 2018
No.
Puducherry
Friday
21st
December 2018
( 30 Agrahayana 1940 )
1022
LA GAZETTE DE L'ETAT
[PART–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).
THE 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.
1023
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)
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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LA GAZETTE DE L'ETAT
[PART–II
The Committee, on receiving such application, shall be
convened not later than 10 days from the date of receipt of the
application, to ensure that the provisions under sub-section (2) of
section (6) of the Act are compiled with. Having satisfied with the
application, the Committee shall issue permission to conduct such
research with suitable condition specified thereof, after intimating the
same to the State Commissioner for Persons with Disabilities.
(4) The term of office of the nominated members shall be for
a period of three years from the date on which they enter upon office,
but, the nominated Members shall be eligible for re-nomination for one
more term.
(5) One half of the Members shall constitute the quorum of
the meeting.
(6) the non-official Members and special invitees shall be
entitled for allowance of ` 500 per meeting.
(7) The Government may provide the Committee with such
clerical and other staff as the Government consider necessary.
4. Person with disabilities not to be a subject of research.—
No person with disability shall be considered to be a subject of
research 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.
1025
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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.
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LA GAZETTE DE L'ETAT
[PART–II
(4) Every application made under sub-rule (1) shall comply
with following requirements in respect of the concerned institution,
namely:-
(a) that the institution had been working in the field of
rehabilitation of persons with disabilities for not less
than three years immediately before the date on which
the application is made;
(b) that the institution is registered under the Societies
Registration Act, 1860 (XXI of 1860), or under any
other Law for the time being in force in the States and
a copy of such Registration Certificate along with the
bye-laws and memorandum of association of the
Society shall accompany the application;
(c) that the institution has not been running to profit any
individual or a Body of individuals;
(d) that the institution has employed professionals
registered with the Rehabilitation Council of India to
cater to the special need of the children with
disabilities;
(e) that the Institution had adequate teaching and learning
material for the persons with disabilities; and
(f) that the Institution has submitted its audited accounts
and annual reports of last three years with the
competent or authority.
(5) The certificate of registration issued in Form-II under this
rule, unless revoked under section 52 of the Act, shall remain in force
for a period of three 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.
1027
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
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:
1028
LA GAZETTE DE L'ETAT
[PART–II
Provided that where a person with disability is a minor or
suffering from any disability which renders him unfit to make by his
legal or limited guardian as the case may be.
(2) On receipt of such appeal, the appellate authority shall
provide the appellant an opportunity to present his case and thereafter,
pass such reasoned and detailed order as it may deem appropriate.
(3) Every appeal preferred under sub-rule (1) shall be decided
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 Puducherry region shall be paid daily
and travelling 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.
1029
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.
1030
LA GAZETTE DE L'ETAT
[PART–II
(3) No quorum shall be necessary for the adjourned meeting
of the Board.
(4) No matter which had not been on the agenda of the
ordinary or the special meeting of the Board, as the case may be, shall
be discussed at its adjourned meeting.
(5) (a) Where a meeting of the Board is adjourned under
sub-rule (2) for want of quorum to the following day,
notice of such adjourned meeting shall be given to the
Members of the Board available at the place where the
meeting which was adjourned was to be held and it shall
not be necessary to give notice of the adjourned
meeting to other Members; and
(b) Where a meeting of the Board is adjourned under
sub-rule (2) for want of quorum not to the following,
but, on a date with sufficient gap, notice of such
adjourned meeting shall be given to all the Members of
the Board in the manner as specified in sub-rule (4) of
rule 11.
14. Minutes.— (1) Record shall be kept of the names of all the
Members of the Board who attended the meeting of the Board and of
the proceedings at the meeting in a book to be maintained 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.—
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:
1031
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 casting 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, Department of Social Welfare
. .
Member-
Secretary.
1032
LA GAZETTE DE L'ETAT
[PART–II
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
. .
Members
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-
Mahe.
Secretary
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.
(1)
(2)
(3)
1033
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.
1034
LA GAZETTE DE L'ETAT
[PART–II
CHAPTER-VIII
STATE COMMISSIONER
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 Graduate from a recognized University,
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 least 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.
1035
PART–II]
LA GAZETTE DE L'ETAT
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 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.
1036
LA GAZETTE DE L'ETAT
[PART–II
26. Resignation and removal.—(1) the Commissioner may, by
notice
in
writing,
under
his
hand,
addressed
to
the
Lieutenant-Governor, resign his post. Provided that he shall continue
in the office till his resignation is accepted.
(2) The Government shall remove a person from the Office
of the Commissioner, if he -
(a) becomes an undischarged insolvent;
(b) engages during his term of office in any paid
employment or activity the duties of his office;
(c) gets convicted and sentenced to imprisonment for an
offence which in the opinion of the Government
involves moral turpitude;
(d) is in the opinion of the Government, unfit to continue
in office by reason of infirmity of mind or body or
serious default in the performance of his functions as
laid down in the Act;
(e) without
obtaining
leave
of
absence
from
the
Government,
remains absent from duty for a
consecutive period of 15 days or more; or
(f) has in the opinion of the Government, so abused the
position of the Commissioner as to render his
continuance in office detrimental to the interest of
persons with disability:
Provided that no person shall be removed under this rule except
after following the procedure, mutatis mutandis, prescribed for
removal of a Group-‘A’ employee of the Central Government.
(3) The Government may suspend a Commissioner, in respect
of whom proceedings for removal have been commenced in accordance
with sub-rule (2), pending conclusion of such proceedings.
27. Staff component to Commissioner.— (1) the Office of the
Commissioner shall function with the following staff structure-
(a) One Deputy Director drawn from Social Welfare
Department, Puducherry, on deputation basis, to work
as Secretary to the Commissioner,
1037
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
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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LA GAZETTE DE L'ETAT
[PART–II
31. Accounts of audit.— (1) The Commissioner shall maintain
proper accounts and other relevant records and prepare an annual
statement of accounts in such form as may be formulated, in
consultation with Accountant-General of Puducherry and Tamil Nadu.
(2) The accounts of the Commissioner shall be audited by
the Accountant-General, Puducherry and Tamil Nadu, at such intervals
as may specified by him and any expenditure incurred in connection
with such audit shall be payable by the Commissioner to the
Accountant-General.
(3) The Accountant-General, Puducherry and Tamil Nadu and
any person appointed by him in connection with the audit of the
accounts of the Commissioner have the same rights and privilege and
the authority in connection with such audit as the Accountant-General,
generally has in connection with the audit of the Government accounts
and in particular, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and to
inspect any of Office of the Commissioner.
(4) The accounts of the Commissioner, as certified by the
Accountant-General or any other person appointed by him in this behalf
together with the audit report thereon shall be forwarded annually to
the Government by the Commissioner.
32. Procedure to be followed by State Commissioner.—
(1) A complainant may present a complaint containing the following
particulars in person or by his agent to the State Commissioner or sent
it by registered post or by 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.
1039
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.
1040
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 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 inter-alia containing therein information in
respect of each of the following matters, namely:-
(a) names of officers and employees in the Office of the
State
Commissioner
and
a
chart
showing
the
organizational set up;
(b) the functions which the State Commissioner has been
empowered under the Act and the highlights of the
performance in this regard;
(c) the main recommendations made by the State Commissioner;
(d) progress made in the implementation of the Act in the
State; and
(e) any other matter deemed appropriate for inclusion by
the State Commissioner or specified by the Government
from time to time to be included in the report.
1041
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 Courts of Session.
CHAPTER-X
STATE FUND
FOR PERSONS
WITH DISABILITIES
AND
ITS MANAGEMENT
36. State
Fund
for
Persons
with
Disabilities and
its
Management.— (1) There shall be credited to the State Fund for
Persons with Disabilities hereinafter referred to as ‘the State Fund’:-
(a) all sums received by way of grant, gifts, donations,
benefactions, bequests or transfers;
(b) all sums received from the Government including
grants-in-aid; and
(c) all sums from such other sources as may be decided by
the Government.
(2) There shall be a Governing Body consisting of following
Members to manage the State Fund, namely:-
Sl.
Composition
Position
No.
(1)
(2)
(3)
(i)
Secretary (Welfare)
. .
Chairperson
(ii)
One representative each from the Department . .
Members
of Health and Family Welfare, Department of
Education, Department of Labour, Department
of Finance and Department of 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)
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;
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)
1043
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.
1044
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 e-mail ID of the
Organization/Institution.
3
Place of Institution : Address, :
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).
1045
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 yes, provide details.
9
Copy of previous Certificate of :
Registration issued under section 51(2)
of Rights of Persons with Disability
Act, 2016.
10
Whether located in its own or rented :
building and provide address details.
if rented, enclose rental agreement
copy.
11
Present number of differently abled :
beneficiaries
(Sl. No., Name, Address, Age, Sex,
Type of specified disability. % of
disability and date of admission).
12
Building Documents –
:
(a) Building licence from Tahsildar/
PPA approval.
(b) Building Structural Stability
Certificate from Public Works
Department Engineer/Chartered
Engineer.
(c) Blue Print of the Building map
drawn by qualified Engineer.
1046
LA GAZETTE DE L'ETAT
[PART–II
(d) Sanitary Certificate from
District Health Authority.
(e) N OC fr o m Fi r e S er v ic e
Department.
13
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, furnish 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.).
14
List of papers/statements to be :
attached:
(a) Constitution of the Organization
(b) Constitution of Board of
Management with particular of
each Member.
(c) Annual report for the past
three years.
(d) Income and
Expend iture
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).
1047
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
to any one of those or any
other organization.
(f) A statement giving item–wise
and year-wise details of
estimated recurring and
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.
15
Access facilities provided (Building :
campus and others to differently
abled persons).
16
Recreation/Sports facilities
:
17
P r o v i s i o n o f r e a s o n a b l e
accommodation according to the
individual requirements (specify the
details).
18
Transport and attendant facilities for :
children with disabilities having high
support needs.
1048
LA GAZETTE DE L'ETAT
[PART–II
19
List of additional papers, if any
:
20
List of additional information, if any:
Place :
Signature of the applicant
Date :
Name:
Seal:
APPENDED TO FORM-I
ANNEXURE-A
(FOR DAY CARE INSITITUTIONS)
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.
1049
PART–II]
LA GAZETTE DE L'ETAT
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 furnish the list of vocational :
training imparted to the differently
abled persons.
4. Please mention arrangements for :
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.
1050
LA GAZETTE DE L'ETAT
[PART–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 :
checked periodically and safety
ensured.
III. Health and Sanitation
1. Whether safe drinking 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 inmates.
4. Please mention arrangements for :
follow up of discharged students/
inmates.
1051
PART–II]
LA GAZETTE DE L'ETAT
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.
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, :
immunization is carried out.
Please furnish details.
Date :
Signature.
Place:
1052
LA GAZETTE DE L'ETAT
[PART–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.
1053
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