Search Results on rules for query: "Rights of Persons with Disabilities Rules, 2017"
Related Section(s)(1) The appropriate Government shall take
measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading
treatment.
(2) No person with disability shall be a subject of any research without,— (i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and (ii) prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organisation as defined under clause (z) of section 2. The appropriate Government may, by notification, require that
from such date, the employer in every establishment shall furnish such information or return as may be
prescribed by the Central Government in relation to vacancies appointed for persons with benchmark
disability that have occurred or are about to occur in that establishment to such special employment
exchange as may be notified by the Central Government and the establishment shall thereupon comply
with such requisition.
The Central Advisory Board shall
meet at least once in every six months and shall observe such rules of procedure in regard to the
transaction of business at its meetings as may be prescribed.
The appropriate Government and the local authorities shall
endeavour that all educational institutions funded or recognised by them provide inclusive education to
the children with disabilities and towards that end shall—
(i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others; (ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual's requirements; (iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion; (v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication; (vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them; (vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability; (viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs. (1) Every establishment shall notify equal opportunity policy
detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner
as may be prescribed by the Central Government.
(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be. (1) Every establishment shall maintain records of the persons with
disabilities in relation to the matter of employment, facilities provided and other necessary information in
compliance with the provisions of this Chapter in such form and manner as may be prescribed by the
Central Government.
(2) Every employment exchange shall maintain records of persons with disabilities seeking employment. (3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate Government. (1) Every Government establishment shall
appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief
Commissioner or the State Commissioner, as the case may be, about the appointment of such officer.
(2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action. (3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration. (4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability. The Central Government shall, in consultation with the Chief Commissioner,
formulate rules for persons with disabilities laying down the standards of accessibility for the physical
environment, transportation, information and communications, including appropriate technologies and
systems, and other facilities and services provided to the public in urban and rural areas.
(1) Every appropriate Government shall appoint in every Government
establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each
group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each
shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent.
for persons with benchmark disabilities under clauses (d) and (e), namely:
(a) blindness and low vision; (b) deaf and hard of hearing; (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; (d) autism, intellectual disability, specific learning disability and mental illness; (e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities: Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time: Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section. (2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government. (3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit. (1) Any person with specified disability, may apply, in such
manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for
issuing of a certificate of disability.
(2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,— (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government; (b) inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country. (1) Save as otherwise provided under this Act,
a Member of the Central Advisory Board nominated under clause (r) of sub-section (2) of section 60 shall
hold office for a term of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon becomes vacant. (4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 60 shall be eligible for renomination. (6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 60 shall receive such allowances as may be prescribed by the Central Government. (1) The Chief Commissioner shall
submit an annual report to the Central Government and may at any time submit special reports on any
matter, which, in his opinion, is of such urgency or importance that it shall not be deferred till submission
of the annual report.
(2) The Central Government shall cause the annual and the special reports of the Chief Commissioner to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be taken on his recommendations and the reasons for non-acceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government. (1) The Central Government shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts of the Fund including the income and
expenditure accounts in such form as may be prescribed in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the Fund to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Fund shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Fund. (4) The accounts of the Fund as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be laid before each House of Parliament by the Central Government. (1) The appropriate Government shall take
measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to
prevent the same, shall
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents; (b) take steps for avoiding such incidents and prescribe the procedure for its reporting; (c) take steps to rescue, protect and rehabilitate victims of such incidents; and (d) create awareness and make available information among the public. (2) Any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur. (3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order-- (a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be; (b) for providing protective custody to the person with disability, if such person so desires; (c) to provide maintenance to such person with disability. (4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of (a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance; (b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities; (c) the right to free legal aid; and (d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence: Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence. (5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code (45 of 1860), or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter (1) The Central Government may, subject to
the condition of previous publication, by notification, make rules for carrying out the provisions of this
Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6; (b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21; (c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22; (d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23; (e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36; (f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38; (g) rules for person with disabilities laying down the standards of accessibility under section 40; (h) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 58; (i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61; (j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64; (k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74; (l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74; (m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74; (n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78; (o) the procedure, manner of utilisation and management of the Fund under sub-section (2) of section 86; and (p) the form for preparation of accounts of Fund under sub-section (1) of section 87. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (1) There shall be constituted a Fund to be called
the National Fund for persons with disabilities and there shall be credited thereto--
(a) all sums available under the Fund for people with disabilities, constituted vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for Empowerment of Persons with Disabilities, constituted vide notification No. 30-03/2004-DDII, dated the 21st November, 2006, under the Charitable Endowment Act, 1890 (6 of 1890). (b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16th April, 2004 of the Hon'ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000; (c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers; (d) all sums received from the Central Government including grants-in-aid; (e) all sums from such other sources as may be decided by the Central Government. (2) The Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed. (1) The appropriate Government shall ensure that the persons
with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally
with others.
(2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities. |
