RULES SUPPLEMENT TO PART-I

EXTRAORDINARY

THE TELANGANA GAZETTE

PUBLISHED BY AUTHORITY

No. 14 ]

HYDERABAD, TUESDAY, MAY 1, 2018.

NOTIFICATIONS BY GOVERNMENT

–––x–––

DEPARTMENT FOR WOMEN, CHILDREN, DISABLED AND SENIOR CITIZENS

(Schemes)

THE TELANGANA STATE RIGHTS OF PERSONS WITH DISABILITIES RULES, 2018 UNDER THE

RIGHTS OF PERSONS WITH DISA BILITIES ACT, 2016.

[G.O. Ms. No. 3, Department for Women, Children, Disabled & Senior Citizens (Schemes),

1^st May, 2018.]

In exercise of the powers conferred by section 101(1) and (2) of the Right of Persons with Disabilities Act,

2016 [Central Act No. 49 of 2016] the Government of Telangana State hereby makes the following rules, namely:-

1. Short title, Extent and Commencement:

(1) These rules may be called the Telangana State Rights of Persons with Disabilities Rules, 2018.

(2) These rules shall extend to the whole State of Telangana.

(3) They shall come into force on the date of their 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;

under section 50 of the Act;

(d) “State Advisory Board” means the board constituted under section 66 of the Act;

(e) “District-level Committee” means the District-level Committee constituted by the State

Government under section 72 of the Act;

R.N.I. No. TELMUL/2016/73158.

[ Price : `. 15-00 Paise.

HSE No. 1051/2017-190..

[1]

G-91.

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

(f) “Form” means a form appended to these rules.

(g) “State” means the State of Telangana;

(h) “State Commissioner” means the State Commissioner appointed by the State Government under

section 79 of the Act and in terms of these rules;

(i) “State Fund” means the Fund constituted under section 88(1) of the Act.

(2)

Words and expressions used herein and not defined but defined in the Act shall have the meanings

respectively assigned to them in the Act.

3. State Committee for Research on Disability:-

(1)

The Committee for Research on Disability at the State level shall consist of the following members,

namely:-

Commissioner, Health & Family Welfare

- Chairman

ii.

Director, Welfare of Disabled & Senior Citizens, Hyderabad

- Member /

Convenor

iii.

Director, Telangana Vydya Vidhana Parishad

- Member

iv.

Director, National Institute for the Empowerment of with Persons with

- Member

Intellectual Disabilities (Divyangjan) or his nominee

v. Director, National Institute for Visually Handicapped, Secunderabad or

- Member

his nominee

vi. Director, National Institute for Hearing Handicapped, Secunderabad or

- Member

his nominee

vii. Superintendent, Institute of Mental Health, Erragadda, Hyderabad

-Member

viii. Representatives from each of Non- Governmental Organizations, working

- Member

for cause of Visually Handicapped, Hearing Handicapped, Mentally Retarded

and for Orthopedically Handicapped to be nominated by Director,

Disabled Welfare

(2)

The Chairperson may invite any expert as a special invitee.

(3)

Tenure of the nominated members shall be for a period of three years from the date of appointment but

the nominated members shall be eligible for re-nomination for one more term.

4. Limited Guardianship:-

(1) A District Court or any designated authority as designated by the State Government on its own or

otherwise shall grant the support of limited guardianship to a person with disability to take a legally

binding decision on his behalf.

(2) The District Court or the designated authority before granting limited guardianship for the person with

disability shall satisfy itself that such person is not in a position to take legally binding decision of his

own.

(3) The District Court or the designated authority shall take a decision preferably within a period of two

months from the date of receipt of the application regarding grant of limited guardianship or from the

date of coming to his notice of the need of such limited guardianship:

Provided that the consent of the person to act as a limited guardian shall also be obtained before grant

of such limited guardianship.

(4) The validity of the limited guardianship as appointed under sub-rule (1) shall be initially for a period of

five years which can be further extended by the District Court or the designated authority as the case

may be:

Provided that the District Court or the designated authority shall follow the same procedure while

extending the validity of the limited guardianship as followed while granting’ the initial guardianship.

May 1, 2018]

RULES SUPPLEMENT

(5) While granting the support of such limited guardianship ‘the Court or the designated authority shall

consider a suitable person to be appointed as a limited guardianship in the following preference of

merit:-

(a) The parents or adult children of the person with Disability;

(b) Immediate brother or sister;

(6) Only those individuals who are over the age of 18 years and who have not been previously convicted

of any cognizable offence as defined in the Code of Criminal Procedure, 1973 (Central Act No.1 of

1974) shall be appointed.

(7) The limited guardian appointed under sub-rule (1) shall consult the person with disability in all matters

before taking any legally binding decisions on his behalf.

(8) The appointed limited guardian shall ensure that the legally binding decisions taken on behalf of the

person with disability are in the interest of the person with disability.

(9) The Village Revenue Officer or Mandal Revenue Officer on the close proximity to the Persons

with Disabilities shall conduct periodical verification on;

a) The wellbeing of Persons with Disabilities under Legal Guardianship;

b) The conduct of legal guardian appointed under sub-rule(1) in relation to fulfillment of his/her obligation:

Provided that the concerned officer who is specified in sub-rule (9) is not satisfying at any point of

verification he shall bring the same to the notice of the guardianship issuing Authority.

The Village Revenue Officer or Mandal Revenue Officer required to submit the report to the District

Welfare Officer/Assistant Director of the Department.

(10)

In so far as cases relating to Mentally Retorted, Autism, Cerebral Palsy and Multiple Disabilities, the

guardians appointed by Local Level committee constituted under National Trust Act shall also be in

force.

5. 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 ‘A’ to the competent authority of the district referred to in section 51 of the Act.

(2) 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 statements 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 number of professionals employed in the Institution;

(f)

a statement regarding qualifications of the professionals employed by the Institution; and

(g)

the proof of residence of the applicant.

(3) Every application made under sub rule (1) shall comply with the 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 Indian Societies Registration Act, 1860 (Central Act XXI

of 1860) or under any other law for the time being in force in the State of Telangana and a copy of

such registration certificate along with the bye-laws and memorandum of association of the society

shall accompany the application;

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

shall be submitted.

(d) that the institution has employed professionals registered with the Rehabilitation Council of India or

Medical Council of India to cater to the special needs of children with disabilities or any other

professional body competent to certify such profession;

(e) that the institution has adequate teaching and learning material for the persons with disabilities;

(f) that the institution has submitted its audited accounts and annual reports of last three years with the

competent authority; and

(g) that the institution shall submit Aadhar card, Photo, PAN card of the office bearers.

(4) The certificate of registration 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.

(5) The District Welfare Officer, Department for Women, Children, Disabled & Senior Citizens of the concerned

District shall issue registration certificate to the institutions applied for registration in Form-B appended to

these Rules within a period of 90 days.

(6) All the Institutions those have already registered, need to obtain afresh registration certificate under these

Rules.

(7) 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:

Provided that such application shall be made before sixty days of the expiry of the validity of such

certificate;

Provided further that the District Welfare Officer, Dept., for Women, Children, Disabled & Senior

Citizens may consider application for renewal of the certificate of registration after 60 days but not

later than 120 days, if he/she is satisfied that sufficient reasons has ‘been provided for such delay.

(8) If the application for renewal of certificate of registration is made before its expiry as specified in the

proviso to sub-rule (7), 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.

(9) Every application made under sub-rule (1) or sub rule (5), 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 within a period of

ninety (90) days thereafter.

Appeal against the order of District Welfare Officer - Any person aggrieved by the order of the

District Welfare Officer referred to in sub-section (1) of section 51 of the Act, 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, Director of Welfare of

Disabled & Senior Citizens Department and the appellate authority may after such enquiry into the

matter as it considers necessary and after giving the appellant an opportunity of hearing, make such order

as it thinks fit. Order of the Appellate Authority shall be final.

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 (90) days from the date of the decision, prefer an appeal to the appellate authority designated by

the State 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 or letter of rejection

May 1, 2018]

RULES SUPPLEMENT

issued by the certifying authority.

Provided that where a person with disability is a minor or suffering from any disability which renders

him unfit to make such an appeal himself, the appeal on his behalf may be made 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.

8. State Advisory Board.-

(1) The State Advisory Board shall consist of, -

(a) The Minister in charge of the Department in the State Government dealing with disability matters, as

Chairperson-Ex-officio;

(b) Secretaries to the State Government in charge of the Departments of Disability Affairs, School Education,

Literacy and Higher Education, Women and Child Development, Finance & Planning, Personnel &

Training, Medical, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy

and Promotion, Labor and Employment, Municipal and Urban Development, Housing and Urban Poverty

Alleviation, Science and Technology, Information Technology, Public Enterprises, Youth Affairs and

Sports, Roads & Transport and any other Department, which the State Government considers necessary

as Members, ex-officio;

one from legislative Council, as Members;

(d) Members to be nominated by the State Government:-

(i)

five Members who are experts in the field of disability and rehabilitation;

(ii) five Members to be nominated by the State Government by rotation to represent the districts in

such manner as may be prescribed;

Provided that no nomination under this sub-clause shall be made except on the recommendation of

the district administration concerned;

(iii) ten persons as far as practicable, being persons with disabilities, to represent Non-Governmental

Organizations or associations which are concerned with disabilities;

Provided that out of the ten persons nominated under this clause, at least five shall be women and

at least one person each shall be from the Scheduled Castes and the Scheduled Tribes:

(iv) not more than three representatives of the State Chamber of Commerce and Industry:

(e) Officer not below the rank of Joint Secretary in the Department dealing with disability matters in

the State Government, as Member-Secretary, ex-officio.

9. Allowances 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 two thousand per day for each day of the actual meetings of the said Board.

Provided that it shall meet at least once in every six months

(2) The State Advisory Board shall perform the functions under provisions stipulated in the section 71 of

the Act.

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

10. District-Level Committee:-

(1) The District-Level Committee on disability referred to in Section 72 of the Act shall consist of: -

District Collector

Ex officio

Chairperson;

ii.

Superintendent of Police

Vice-Chairman

iii.

Chief Executive Officer, Zilla Parishad

- Member;

iv.

Project Director, DRDA

Member;

District Social Welfare Officer

Member;

vi.

District Education Officer

Member;

vii.

Public Prosecutor

Member;

viii.

Civil Surgeon or District Coordinator Hospital Services

Member;

ix.

a Psychiatrist of the District Hospital

Member;

District Lead Bank Manager

Member;

xi.

Project Director, Mission for Elimination of Poverty in Municipal Areas

Member;

xii.

Superintendent Engineer, Roads and Building

Member;

xiii.

District Public Relations Officer

Member;

xiv.

Project Director, Urban Community Development Program

Member;

(Municipal Corporation)

xv.

Superintendent Engineer, Panchayath Raj

Member;

xvi.

Five persons as representatives of the registered organizations, from each of the five groups of

specified disabilities in the schedule to the Act, to be nominated by the District Collector for a

term of two years.

xvii. Five eminent, knowledgeable and experienced persons with bench mark disabilities, out of

whom at least one shall be a woman and one shall be a member belonging to Schedule

Castes or Schedule Tribes, to be nominated by the District Collector - as Members for a term of

two years.

xviii. District Employment Officer

Member;

xix.

District Manager, District Industries Department

Member;

xx.

Any other member as invited by the Chairperson

Chairperson;

xxi.

District Welfare Officer, Women, Children, Disabled & Senior Citizens.

Member

Secretary;

(2) The Non-Official Members of the District Level Committee may be nominated for a period of two

years.

(3) The District Level Committee on Disability shall conduct meetings twice in a year.

11. Functions of the Committee - The District-Level Committee on disability shall perform the following

functions, namely:-

(a) Advise 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 there under by the District

authorities.

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.

(e ) 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 State Government from time to time;

May 1, 2018]

RULES SUPPLEMENT

12. No proceedings to be invalid due to vacancy or any defect: - No proceedings of the State Advisory

Board on Disability or a District-Level Committee on disability shall be invalid by reasons of existence of

any vacancy in or any defect in the constitution of the Board.

13. Qualification for appointment of State Commissioner-A person shall not be qualified to be appointed

as a State Commissioner, for Persons with Disabilities under sub-section (1) of Section 79 of the Act

unless,-

(i) has special knowledge or practical experience in respect of the matters relating to rehabilitation of

persons with disabilities;

(ii) has not attained the age of 65 years as on the date of appointment.

(iii)has at least 20 years administrative experience in either as Group A or above cadre of Central Government

or Group I or above cadre officer of State Government.

14. Mode of appointment of the State Commissioner: -

(1) At least six months before the post of State Commissioner is due to fall vacant, an advertisement shall

be published in at least two National or State level daily newspapers, one in English and the other in the

vernacular language inviting applications for the post from eligible candidates fulfilling the criteria

mentioned in Rule 13.

(2) A Screening Committee shall be constituted by the State Government under section 79 of the Act to

recommend to it, a panel of three suitable candidates for the post of the State Commissioner.

(3) Composition of the Screening Committee as follows:

Minister dealing with disability affairs

Chairman

II.

Director, Women Development &Child Welfare

Member

III. Director, Health & Family Welfare

Member

IV.

Director, Welfare of Disabled & Senior Citizens

Convener

(4)

The State Government shall appoint one of the candidates out of the panel recommended by the Screening

Committee under sub-rule (2) as the State Commissioner.

(5)

Till the appointment of the State Commissioner, the State Government may designate or depute any

senior state cadre officer, dealing with the subject of disability, to discharge the functions of the

Commission.

15. Term of the State Commissioner. -

(1)

The State Commissioner shall be appointed on full-time basis for a period of three years from the date

on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.

(2)

A person may serve as State Commissioner for a maximum of two terms, subject to the upper age limit

of sixty-five years.

16. Salary and allowances of the State Commissioner.-

(1) The salary and allowances of the State Commissioner shall be the salary and allowances are as follows:

SI.

No.

Lump-sum salary per month

1,00,000/-

Rent free accommodation if Government Quarter is allotted or

Rs. 50,000 as HRA if living in rented/own house

i. Conveyance Allowance (if they are using their own car),

30,000/-

ii. Fuel Charges

15,000/-

Medical reimbursement as per G.O.Ms.No.413, Dt: 09-12-2004

On par with AIS

and G.O.Ms.No.447, Dated: 11-07-2008.

Officers/Ministers

One BSNL phone at residence and one cell phone connection

will be provided as per scale the guidelines issued in G.O.Rt.No.39,

ITE &C Deptt., dated: 15-03-201 8.

Particular of Allowances

Amount of Rs.

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

17. Resignation and removal:-

(1) The State Commissioner may, by notice in writing, under his hand, addressed to the State Government,

resign from his post.

(2) The State Government shall remove the State Commissioner from his office, if he :-

(a) becomes an un discharged insolvent; or

(b) engages himself during his term of office in any paid employment or activity outside the duties of

his office; or

Government involves moral turpitude; or

(d) is in the opinion of the State 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; or

(e) without obtaining leave of absence from the State Government, remains absent from duty for a

consecutive period of 30 days or more; or

(f) has, in the opinion of the State Government, so abused the position of the State Commissioner as to

render his continuance in the office detrimental to the interest of persons with disability: Provided

that no State Commissioner shall be removed from office under this rule except after following the

procedure, mutatis mutandis, applicable for removal of a Group -I officer of the State Government.

(g) The State Government may suspend a State Commissioner, in respect of whom proceedings for

removal have been commenced in accordance with sub-rule (2), pending conclusion of such

proceedings.

18. Office of the State Commissioner. -

(1) The State Government shall ensure that the office of the State Commissioner is located in a place

easily accessible to persons with disabilities and an adequately staffed with appropriate personnel

necessary for the State Commissioner to discharge his duties effectively and efficiently.

(2) The following personnel’s shall assist the State Commissioner to discharge duties in effective way:

Secretary to State Commissioner: Deputation from any Government Department not below the

cadre of Assistant Director.

Three Consultants

Legal

Administrative on contractual basis @ 50,000,7- per month

Disability Rehabilitation

c) Three Assistants/ Data Entry Operators - On outsourcing basis.

19. Constitution of the Advisory Committee to assist the Stat Commissioner.- The State Government

shall, for the purposes of sub-section (7) of section 79 of the Act, appoint an Advisory Committee

comprising five experts to represent each of the five groups of specified disabilities mentioned in the

Schedule to the Act, of whom one shall be woman.

(a) The tenure of the members of the Advisory Committee shall be for a period of two years and the

members shall not be eligible for re-nomination;

(b) 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;

-per day for each day of the actual meeting;

(d) The Committee shall meet at least once in a year or as and when necessary;

(e) The Committee shall deliberate on the issues brought before it by the State Commissioner and give

its opinion;

}

May 1, 2018]

RULES SUPPLEMENT

(f)

The Committee shall perform any other function assigned by the State Commissioner.

20. Procedure to be followed by State Commissioner.-The State Commissioner appointed under section

79 of the Act, shall perform the functions stipulated in the section 80 of the Act.

21. 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 30^th day of September in the next year ensuing, prepare and submit to the State Government

an annual report giving a complete account of his activities during the said financial year.

(2)

In particular, the annual report referred to in sub-rule (1) shall be in the form so that the details of

separate matters be provided under separate heads inter-alia containing therein information in respect

of each of the following matters, namely:-

(a) names of officers and employees in the office of the State commissioner and a chart showing the

organizational set up;

(b) the functions which the State Commissioner has been empowered under the Act and the highlights

of the performance in this regard;

(d) progress made in the implementation of the Act in the State; and

(e) any other matter deemed appropriate for inclusion by the State Commissioner or specified by the

State Government from time to time to be included in the report.

22. Appointment of Special Public Prosecutor: (1) The Special Public Prosecutor may be appointed by

the State Government in Home Department and fee shall be paid as prescribed by Government.

23. 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”:-

all sums received by way of grant, gifts, donations, benefactions bequests or transfers;

all sums received from the State Government including grants-in-aid; and

all sums from such other sources as may be decided by the State Government.

(2) There shall be executive committee consisting of following members to manage the State Fund:-

(a) Principal Secretary or Secretary to Government Dept.for Women, Children,

- Chairperson;

Disabled & Senior Citizens

(b) The Director, Women Development & Child Welfare Department, Hyderabad

- Member

Secretary

(3)

The Member Secretary shall open a Bank account in any Nationalized Bank for the purpose of State

Fund;

(4)

A set of Books of Accounts shall be maintained for the purpose of State Fund. Annual income and

expenditure statement and other accounts as may be required by CAG shall be checked and authorized

by Charted Accountant appointed by Executive Committee.

24. Utilisation 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 State Government;

(b)

administrative and other expenses of the Fund, as may be required to be incurred by or under the

Act;

G-91-2.

May 1, 2018]

RULES SUPPLEMENT

FORM- A

Application for a Certificate of Registration [See rule 59(1)]

(1)

Name of applicant and his address :__________________________

(2)

Institution in respect of which application is made:

a. Name :

b. Address (Office/ Project):

c. Phone / Fax/ Telex/ (Office):__________________(Project)

(3)

(i) Name of the Act under which the institution is already registered :

(ii) Registration No. and date of registration: _________________ (Please attach a photocopy)

(4)

Memorandum of Association and Bye-laws of the institution: (Please attach a photocopy)

(5)

Name, address, occupation and other particulars of the members of the Board of Management / Governing

Body of the institution:

(6)

Present Activities of the institution:

(7)

Present membership strength and categorization of the institution. List of documents to be attached:

(a) A copy of the annual report for the previous year,

(b) Audited Statement of account duly certified by Chartered Accountant for the last two years.

(i)

Receipt and Payment. Account (by Chartered Accountant for the last two years)

(ii) Income and Expenditure Account (by Chartered Accountant for the last two years)

(iii) Balance sheet for the last two years (by Chartered Accountant for the last two years)

(c)

Details of staff employed by the institution.

(d)

Details of beneficiaries to be covered by the institution

(e)

If hostel is maintained, then number of hostellers.

(f)

Other terms, if any of the

(g)

Whether the institution is located on its own/Rented building (Necessary evidence to be attached).

Signature of the Applicant:

Name : Designation :

Address : Date:

Office Stamp :

TELANGANA GAZETTE EXTRAORDINARY

[Part-I

FORM-B

GOVERNMENT OF TELANGANA

DEPARTMENT FOR THE WELFARE OF WOMEN,

CHILDREN DISABLED & AND SENIOR CITIZENS,

—————— DISTRICT

CERTIFICATE OF REGISTRATION

No._____________.

This is to certify that________________________________a Non-Governmental

Organization working for the cause of persons with Disabilities is registered as per

section 51 of THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 ( Central

Act No. 49 of 2016)for providing services in the district.

The Certificate is issued on Dated:________________and valid for the year

from.............to........

DISTRICT WELFARE OFFICER,

Dept. for Women, Children, Disabled

and Senior Citizens,

————— District.