PWD
ACT, 1995 THE PERSONS WITH DISABILITIES
(EQUAL OPPORTUNITIES,
PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995
PUBLISHED IN PART II,
SECTION 1 OF THE
EXTRAORDINARY GAZETTE OF
INDIA
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 1st
January, 1996/Pausa 11, 1917 (Saka)
The following Act of
Parliament received the assent of the President on the 1st January, 1996, and
is hereby published for general information:- No.1 OF 1996
[1st January 1996]
An Act to give effect to
the Proclamation on the Full Participation and Equality of the People with
Disabilities in the Asian and Pacific Region.
WHEREAS the Meeting to
Launch the Asian and Pacific Decade of Disabled Persons 1993-2002 convened by
the Economic and Social Commission for Asia and Pacific held at Beijing on 1st
to 5th December,1992, adopted the Proclamation on the Full Participation and
Equality of People with Disabilities in the Asian and Pacific Region;
AND WHEREAS India is a
signatory to the said Proclamation; AND WHEREAS it is considered necessary to
implement the Proclamation aforesaid.
Be it enacted by
Parliament in the Forty-sixth Year of the Republic of India as follows:-
Chapter I Preliminary
Chapter II The Central
Coordination Committee
Chapter III The State
Coordination Committee
Chapter IV Prevention
And Early Detection Of Disabilities
Chapter V Education
Chapter VI Employment
Chapter VII Affirmative
Action
Chapter VIII Non -
Discrimination
Chapter IX Research And
Manpower Development
Chapter X Recognition Of
Institutions For Persons With Disabilities
Chapter XI Institution
For Persons With Severe Disabilities
Chapter XII The Chief
Commissioner And Commissioners For Persons With Disabilities
Chapter XIII Social
Security
Chapter XIV
Miscellaneous
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CHAPTER-I
PRELIMINARY
1. (1) This Act may be
called the Persons With Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995.
(2) It extends to the
whole of India except the State of Jammu and Kashmir.
(3) It shall come into
force on such date as the Central Government may. by notification, appoint.
2. In this Act, unless
the context otherwise requires,-
(a) "Appropriate
Government" means,-
(i) In relation to the
Central Government or any establishment wholly or substantially financed by
that Government, or a Cantonment Board constituted under the Cantonment Act,
1924, the Central Government ;
(ii) In relation to a
State Government or any establishment wholly or substantially financed by that
Government, or any local authority., other than a Cantonment Board, the State
Government;
(iii) In respect of the
Central Co-ordination Committee and the Central Executive Committee, the
Central Government;
(iv) In respect of the
State Co-ordination Committee and the State Executive Committee, the State
Government;
(b)
"Blindness" refers to a condition where a person suffers from any of
the following conditions, namely:-
(i) Total absence of
sight. or
(ii) Visual acuity not
exceeding 6160 or 201200 (snellen) in the better eye with correcting lenses; or
(iii) Limitation of the
field of vision subtending an angle of 20 degree or worse;
(c) "Central
Co-ordination Committee" means the Central Co-ordination Committee
constituted under sub-section (1) of section 3;
(d) "Central Executive
Committee" means the Central Executive Committee constituted under
sub-section (1) of section 9;
(e) "Cerebral
palsy" means a group of non-progressive conditions of a person
characterized by abnormal motor control posture resulting from brain insult or
injuries occurring in the pre-natal, peri-natal or infant period of
development;
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(f) "Chief
Commissioner" means the Chief Commissioner appointed under subsection (1)
of section 57;
(g)
"Commissioner" means the Commissioner appointed under sub-section (1)
of section 60;
(h) "Competent
authority" means the authority appointed under section 50;
(i)
"Disability" means-
(I) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor
disability;
(vi) Mental retardation;
(vii) Mental illness;
(j) "Employer"
means,-
(i) In relation to a
Government, the authority notified by the Head of the Department in this behalf
or where no such authority is notified, the Head of the Department; and
(ii) In relation to an
establishment, the chief executive officer of that the establishment;
(k)
"Establishment" means a corporation established by or under a
Central, Provincial or State Act, or an authority or a body owned or controlled
or aided by the Government or a local authority or a Government company as
defined in section 617 of 'the Companies Act, 1956 and includes Departments of
a Government;
(l) "Hearing
impairment" means loss of sixty decibels or more in the better year in the
conversational range of' frequencies;
(m) "Institution for
persons with disabilities" means an institution for the reception. Care,
protection, education, training, rehabilitation or any other service of persons
with disabilities;
(n) "Leprosy cured
person" means any person who has been cured of leprosy but is suffering
from-
(i) Loss of sensation in
hands or feet as well as loss of sensation and paresis in the eye and eye-lid
but with no manifest deformity;
(ii) Manifest deformity
and paresis; but having sufficient mobility in their hands and feet to enable
them to engage in normal economic activity;
(iii) Extreme physical
deformity as well as advanced age which prevents him from undertaking
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any gainful occupation, and the expression "leprosy cured" shall be
construed accordingly;
(o) "Loco motor disability"
means disability of the bones, joints muscles leading to substantial
restriction of the movement of the limbs or any form of cerebral palsy,
(p) "Medical
authority" means any hospital or institution specified for the purposes of
this Act by notification by the appropriate Government;
(q) "Mental
illness" means any mental disorder other than mental retardation;
(r) "Mental
retardation" means a condition of arrested or incomplete development of
mind of a person which is specially characterized by sub normality of
intelligence;
(s)
"Notification" means a notification published in the, Official
Gazette;
(t) "Person with
disability" means a person suffering from not less than forty per cent. of
any disability as certified by a medical authority;
(u) "Person with
low vision" means a person with impairment of visual functioning even
after treatment or standard refractive correction but who uses or is
potentially capable of using vision for the planning or execution of a task
with appropriate assistive device;
(v)
"Prescribed" means prescribed by rules made under this Act;
(w)
"Rehabilitation" refers to a process aimed at enabling persons with
disabilities to reach and maintain their optimal physical, sensory,
intellectual, psychiatric or social functional levels;
(x) "Special
Employment Exchange" means any office or place established and maintained
by the Government for the collection and furnishing of information, either by
keeping of registers or otherwise, respecting-
(i) Persons who seek to
engage employees from amongst the persons suffering from disabilities;
(ii) Persons with
disability who seek employment;
(iii) Vacancies to which
person with disability seeking employment may be appointed;
(y) "State
Co-ordination Committee" means the State Co-ordination Committee
constituted under sub-section (1) of section 19;
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(z) "State
Executive Committee" means the State Executive Committee constituted under
sub-section (l) of section 19
CHAPTER
II THE COORDINATION COMMITTEE
3. (1) The Central Government
shall by notification constitute a body to be known as the Central
Co-ordination Committee to exercise the powers conferred on, and to perform the
functions assigned to it, under this Act.
(2) The Central
Co-ordination Committee shall consist of-
(a) The Minister in
charge of the Department of Welfare in the Central Government, Chairperson, ex
officio;
(b) The Minister of
State in-charge of the Department of Welfare in the Central Government,
Vice-Chairperson, ex officio;
(c) Secretaries to the
Government of India in-charge of the Departments of Welfare, Education, Woman
and Child Development, Expenditure, Personnel, Training and Public Grievances,
Health, Rural Development, Industrial Development, Urban Affairs and
Employment, Science and Technology. Legal Affairs, Public Enterprises, Members,
ex officio;
(d) Chief Commissioner,
Member, ex officio;
(e) Chairman Railway
Board, Member, ex officio;
(f) Director-General of
Lab our, Employment and Training, Member, ex officio;
(g) Director, National
Council for Educational Research and Training, Member, ex officio;
(h) Three Members of
Parliament. of whom two shall be elected by the House of the People and one by
the Council of States, Members;
(I) Three persons to be
nominated by the Central Government to represent the interests, which in the
opinion of that Government ought to be represented, Members;
(j) Directors of the-
(I) National Institute
for the Visually Handicapped, Dehradun;
(ii) National Institute
for the Mentally Handicapped, Secundrabad;
(iii) National Institute
for the Orthopaedically Handicapped, Calcutta;
(iv) Ali Yavar Jung
National Institute for the Hearing Handicapped, Bombay,
Members, ex officio;
(k) Four Members to be
nominated by the Central Government by rotation to represent the States and the
Union territories in such manner as may be prescribed by the Central
Government:
Provided that no
appointment under this clause shall be made except on the recommendation of the
State Government or, as the case may be, the Union territory;
(l) Five persons as far
as practicable, being persons with disabilities. to represent non-governmental
Organizations or associations which are concerned with disabilities, to he
nominated by the Central Government, one from each area of disability, Members:
Provided that while
nominating persons under this clause, the Central Government shall
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nominate at least one woman and one person belonging to Scheduled Castes or
Scheduled Tribes;
(m) Joint Secretary to
the Government of India in the Ministry of Welfare dealing with the welfare of
the handicapped, Member-Secretary, ex officio.
(3) The office of the
Member of the Central Co-ordination Committee shall not disqualify its holder
for being chosen as or for being a Member of either House of Parliament.
4. (1) Save as otherwise
provided by or under this Act a Member of Central Co-ordination Committee
nominated under clause (i) or clause (l) of sub-section (2) of section 3 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 term of office
of an ex officio Member shall come to an end as soon as he ceases to hold the
office by virtue of which he was so nominated.
(3) The Central
Government may if it thinks fit remove any Member nominated under clause (i) or
clause (1) of subsection (2) of section 3, before the expiry of his term of
office after giving him a reasonable opportunity of showing cause against the
same.
(4) A Member nominated
under clause (i) or clause (1) of subsection (2) of section 3 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 become vacant.
(5) A casual vacancy in
the Central Co-ordination Committee 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 Dominated.
(6) A Member nominated
under clause (i) or clause (l) of subsection (2) of section 3 shall be eligible
for (7) Members nominated under clause (i) and clause (1) of sub-section (2) of
section 3 shall receive such allowances as may, be prescribed by the Central
Government.
5. (1) No person shall
be a Member of the Central Coordination Committee, who-
(a) Is, or at any time
has been, adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or
(b) Is of unsound mind
and stands so declared by a competent court, or
(c) Is or has been
convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude, or
(d) Is or at any time
has been convicted of an offence under this Act. or
(e) Has so abused in the
opinion of the Central Government his position as a Member as to render his
continuance in the Central Coordination Committee detrimental to the interests
of the general public.
(2) No order of removal
shall be made by the Central Government under this section unless the Member
concerned has been given a reasonable opportunity of showing cause against the
same.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (6) of section 4, a Member
who has been removed under this section shall not be eligible for renomination
as a Member.
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6. If a Member of the
Central Coordination Committee becomes subject to any of the disqualifications
specified in section 5, his scat shall become vacant.
7. Lie Central Coordination
Committee 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 by the Central Government.
8. (1) Subject to the
provisions of this Act, the function of the Central Coordination Committee
shall be to serve as the national focal point on disability matters and
facilitate the continuous evolution of a comprehensive policy towards solving
the problems faced by persons with disabilities.
(2) In particular and
without prejudice to the generality of the foregoing, the Central Coordination
Committee may perform all or any, of the following functions, namely:-
(a) Review and
coordinate the activities of all the Departments of Government and other Governmental
and non-Govemmental Organizations which are dealing with matters relating to
persons with disabilities;
(b) Develop a national
policy to address issues faced by, persons with disabilities;
(c) Advise the Central
Government on the formulation oil policies, programmes, legislation and
projects with respect to disability,
(d) Take up the cause of
persons with disabilities with the concerned authorities and the international
organizations with a view, to provide for schemes and projects for the disabled
in the national plans and other programmes and policies evolved by the
international agencies;
(e) Review in
consultation with the donor agencies their funding policies from the
perspective of their impact on persons with disabilities;
(f) Take such other
steps to ensure barrier free environment in public places, work places, public
utilities, schools and other institutions;
(g) Monitor and evaluate
the impact of policies and programmes designed for achieving equality and full
participation of persons with disabilities;
(h) To perform such
other functions as may be prescribed by the Central Government.
9. (1) The Central
Government shall constitute a Committee to be known as the Central Executive Committee
to perform the functions assigned to it under this Act.
(2) The Central
Executive Committee shall consist of-
(a) The Secretary to the
Government of India in the Ministry of Welfare, Chairperson, ex officio;
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(b) The Chief
Commissioner, Member, ex officio;
(c) The Director-General
for Health Services, Member, ex officio;
(d) The
Director-General, Employment and Training, Member, ex officio;
(e) Six persons not
below the rank of a Joint Secretary to the Government of India, to represent
the Ministries or Departments of Rural Development, Education. Welfare,
Personnel Public Grievances and Pension and Urban Affairs and Employment,
Science and Technology, Members, ex officio;
(f) The Financial
Advisor, Ministry of Welfare in the Central Government, Member, ex officio;
(g) Advisor (Tariff)
Railway Board, Member, ex officio;
(h) Four members to be
nominated by the Central Government, by rotation, to represent the State
Governments and the Union territories in such manner as may be prescribed by the
Central Government;
(i) One person to be
nominated by the Central Government to represent the interest, which in the
opinion of the Central Government ought to be represented, Member;
(j) Five persons, as far
as practicable, being persons with disabilities, to represent non-governmental
organizations or associations which are concerned with disabilities, to he
nominated by the Central Government, one from each area of disability, Members:
Provided that while
nominating persons under this clause, the Central Government shall nominate at
least one woman and one person belonging to Scheduled Castes or Scheduled
Tribes;
(k) Joint Secretary to
the Government of India in the Ministry of Welfare dealing with the welfare of
the handicapped, Member-Secretary, ex officio.
(3) Members nominated
under clause (i) and clause (j) of sub-section (2) shall receive such
allowances as may be prescribed by the Central Government.
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(4) A Member nominated
under clause (i) or clause (i) of sub-section (2) may at any time resign his
office by writing under his hand addressed to the Central Government and the
scat of the said Member shall thereupon become vacant.
10. (1) The Central
Executive Committee shall be the executive body of the Central Coordination
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Committee and shall be responsible for carrying out the decisions of the
Central Coordination Committee.
(2) Without prejudice to
the provisions of sub-section (1), the Central Executive Committee shall also
perform such other functions as may be delegated to it by the Central
Coordination Committee.
11. The Central
Executive Committee shall meet at least once in three months and shall observe
such rules of procedure in regard to the transaction of business at its
meetings as may be prescribed by the Central Government.
12. (1) The Central
Executive Committee may associate with itself in such manner and for such
purposes as may be prescribed by the Central Government any person whose
assistance or advice it may desire to obtain in performing any of its functions
under this Act.
(2) A person associated
with the Central Executive Committee under sub-section (1) for any purpose
shall have the right to take part in the discussions of the Central Executive
Committee relevant to that purpose, but shall not have a right to vote at a
meeting of the said Committee, and shall not be a member for any other
purpose.
(3) A person associated
with the said Committee under sub-section (1) for any purpose shall be paid
such fees and allowances, for attending its meetings and for attending to any
other work of the said Committee, as may be prescribed by the Central
Government.
CHAPTER
III THE STATE COORDINATION COMMITTEE
13. (1) Every State
Government shall, by notification, constitute a body to be known as the State
Coordination Committee to exercise the powers conferred on, and to perform the
function assigned to it, under this Act.
(2) the State
Coordination Committee shall consist of-
(a) The Minister
in-charge of the Department of Social Welfare in the State Government,
Chairperson, ex officio;
(b) the Minister of
State in-charge of the Department of Social Welfare, if any, Vice-Chairperson,
ex officio;
(c) Secretaries to the
State Government in-charge of the Departments of Welfare, Education, Woman and
Child Development, Expenditure, Personnel Training and Public Grievances,
Health, Rural Development, Industrial Development, Urban Affairs and
Employment, Science and Technology, Public Enterprises, by whatever name
called, Members, ex officio;
(d) Secretary of any
other Department, which the State Government considers necessary, Member, ex
officio;
(e) Chairman Bureau of
Public Enterprises (by whatever name called) Member, ex officio;
(f) Five persons, as far
as practicable, being persons with disabilities, to represent non-governmental
organizations or associations which are concerned with disabilities, to be
nominated by the State Government, one from each area of disability, Members:
Provided that while
nominating persons under this clause, the State Government shall nominate at
least one woman and one person belonging to Scheduled Castes or Scheduled
Tribes;
(g) Three Members of
State Legislature, of whom two shall be elected by the Legislative Assembly and
one by the Legislative Council, if any;
(h) Three persons to be
nominated by that State Government to represent agriculture, industry or trade
or any other interest, which in the opinion of State Government ought to be
represented, Members, ex officio;
(i) The Commissioner,
Member, ex officio;
(j) Secretary to the State
Government dealing with the welfare of the handicapped, Member-Secretary, ex
officio.
(3) Notwithstanding
anything contained in this section, no State Coordination Committee shall be
constituted for a Union territory and in relation to a Union territory; the
Central Coordination Committee shall exercise the functions and perform the
functions of a State Coordination Committee for the Union territory:
Provided that in
relation to a Union territory. The Central Coordination Committee may delegate
all or any of its powers and functions under this sub-section to such person or
body of persons as the Central Government may specify.
14. (1) Save as
otherwise provided by or under this Act, a Member of a State Coordination
Committee nominated under clause (f) or clause (h) of subsection (2) of section
13 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 term of office
of an ex officio Member shall come to an end as soon as he ceases to hold the
office by virtue of which he was so nominated.
(3) The State Government
may, if it thinks fit, remove any7 Member nominated under clause (f) or clause
(h) of sub-section (2) of section 13, before the expiry of his term of office
after giving him a reasonable opportunity of showing cause against the same.
(4) A Member nominated
under clause (f) or clause (h) of sub-section (2) of section 13 may. At any
time, resign his office by writing under his hand addressed to the State
Government and the seat of the said Member shall thereupon become vacant.
(5) A casual vacancy in
the State Coordination Committee 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.
(6) A Member nominated
under clause (f) and clause (h) of sub-section (2) of section 13 shall be
eligible for renomination.
(7) Members nominated
under clause (f) and clause (h) of sub-section (2) of section13 shall receive
such allowances as may he prescribed by the State Government.
15. (1) No pet-son shall
he a Member of the State Coordination Committee, who--
(a) Is, or at any time,
has been adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or
(b) Is of unsound mind
and stands so declared by a competent court, or
(c) Is or has been
convicted of an offence which in the opinion of the State Government involves
moral turpitude, or
(d) Is or at any time
has been convicted of an offence under this Act or
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(e) Has so abused, in
the opinion of the State Government, his position as a member as to render his
continuance in the State Coordination Committee detrimental to the interests of
the general public.
(2) No order of removal
shall be made by the State Government under this section unless the Member
concerned has been given a reasonable opportunity of showing cause against the
same.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (6) of section 14, a
Member who has been removed under this section shall net be eligible for
renomination as a Member.
16. If a Member of the
State Coordination Committee becomes subject to any of the disqualifications
specified in section 15, his seat shall become vacant.
17. The State
Coordination Committee 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.
18. (1) Subject to the
provisions of this Act, the function of the State Coordination Committee shall
be to serve as the state focal point on disability matters and facilitate the
continuous evolution of a comprehensive policy towards solving the problems
faced by persons with disabilities.
(2) In particular and
without prejudice to the generality of the foregoing function the State
Coordination Committee may, within the State perform all or any of the
following functions, namely.-
(a) Review and
coordinate the activities of all the Departments of Government and other
Governmental and non-Govemmental Organizations which are dealing with matters
relating to persons with disabilities.,
(b) Develop a State
policy to address issues faced by persons with disabilities;
(c) Advise the State
Government on the formulation of policies. Programmes, legislation and projects
with respect to disability;
(d) Review, in
consultation with the donor agencies, their funding from the perspective of
their impact on persons with disabilities;
(e) Take such other
steps to ensure barrier free environment in pupil’s places. Work places, public
utilities, schools and other institutions;
(f) Monitor and evaluate
the impact of policies and programmes designed for achieving equality and full
participation of persons with disabilities;
(g) To perform such
other functions as may be prescribed by the State Government
19. (1) The State
Government shall constitute a committee to be known as the State Executive
Committee
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to perform the functions assigned to it under this Act.
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(2) The State Executive
Committee shall consist of-
(a) The Secretary,
Department of Social Welfare, Chairperson, ex officio;
(b) The Commissioner,
Member, ex officio;
(c) Nine persons not
below the rank of a Joint Secretary to the State Government, to represent the
Departments of Health, Finance, Rural Development, Education, Welfare,
Personnel Public Grievances, Urban Affairs Labor and Employment, Science and
Technology, Members, ex officio;
(d) One person to be
nominated by the State Government to represent the interest, which in the
opinion of the State Government ought to be represented. Member;
(e) Five persons, as far
as practicable being persons with disabilities. to represent non-governmental
organizations or associations which arc concerned with disabilities, to be
nominated by the State Government, one from each area of disability, Members:
Provided that while
nominating persons under this clause, the State Government shall nominate at
least one woman and one person belonging to Scheduled Castes or Scheduled
Tribes;
(f) Joint Secretary
dealing with the disability division in the Department of Welfare,
Member-Secretary, ex officio.
(3) Members nominated
under clause (d) and clause (e) of sub-section (2) shall receive such
allowances as may be prescribed by the State Government.
(4) A Member nominated
under clause (d) or clause (e) may at any time resign his office by writing
under his hand addressed to the State Government and the scat of the said
Member shall thereupon become vacant.
20. (1) The State
Executive Committee shall be the executive body of the State Coordination
Committee and shall be responsible for carrying out the decisions of the State
Coordination Committee.
(2) Without prejudice to
the provisions of sub-section (1), the State Executive Committee shall also
perform such other functions as may be delegated to it by the State Coordination
Committee.
21. The State Executive
Committee shall meet at least once in three months and shall observe such rules
of procedure in regard to the transaction of business at its meetings as may be
prescribed by, the State Government.
22. (1) The State
Executive Committee may associate with itself in such manner and for such
purposes as may he prescribed by the State Government any person whose
assistance or advice it may desire to obtain in performing any of its functions
under this Act.
(2) A person associated
with the State Executive Committee under sub-section (1) for any purpose shall
have the right to take part in the discussions of the State Executive Committee
relevant to that purpose, but shall not have a right to vote at a meeting of
the said Committee, and shall not he a member for any other purpose.
(3) A person associated
wills the said Committee under sub-section (1) for any purpose shall be paid
such fees and allowances, for attending its meetings and for attending to any
other work of the said Committee, as may be prescribed by the State Government.
23. In the performance
of its functions under this Act,-
(a) The Central
Coordination Committee shall be bound by such directions in writing, as the
Central Government may give to it; and
(b) The State
Coordination Committee shall be bound by such directions in writing, as the
Central Coordination Committee or the State, Government may give to it:
Provided that where a
direction given by the State Government is inconsistent with any direction given
by the Central Coordination Committee, the matter shall be referred to the
Central Government for its decision.
24. No act or proceeding
of the Central Coordination Committee, the Central Executive Committee, a State
Coordination Committee or a State Executive Committee shall be called in
question on the ground merely on the existence of any vacancy in or any defect
in the constitution of such Committees.
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CHAPTER
IV PREVENTATION AND EARLY DETECTION OF DISABILITIES
25. Within the limits of
their economic capacity and development, the appropriate Governments and the
local authorities, with a view to preventing the occurrence of disabilities,
shall-
(a) Undertake or cause
to be undertaken surveys, investigations and research concerning the cause of
occurrence of disabilities;
(b) Promote various
methods of preventing disabilities;
(c) Screen all the
children at least once in a year for the purpose of identifying
"at-risk" cases;
(d) Provide facilities
for training to the staff at the primary health centers;
(e) Sponsor or cause to
be sponsored awareness campaigns and is disseminated or cause to be
disseminated information for general hygiene. Health and sanitation,
(f) Take measures for
pre-natal, parental and post-natal care of mother and child;
(g) Educate the public
through the pre-schools, schools, primary health Centers, village level workers
and anganwadi workers;
(h) Create awareness
amongst the masses through television, radio and other mass media on the causes
of disabilities and the preventive measures to be adopted;
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CHAPTER V EDUCATION
26. The appropriate
Governments and the local authorities shall-
(a) Ensure that every
child with a disability has access to free education in an appropriate
environment till he attains the age of eighteen years;
(b) Endeavor to promote
the integration of students with disabilities in the normal schools;
(c) Promote setting up
of special schools in Government and private sector for those in need of
special education, in such a manner that children with disabilities living in
any part of the country have access to such schools;
(d) Endeavor to equip
the special schools for children with disabilities with vocational training
facilities.
27. The appropriate
Governments and the local authorities shall by notification make schemes for-
(a) Conducting part-time
classes in respect of children with disabilities who having completed education
up to class fifth and could not continue their studies on a whole-time basis;
(b) Conducting special
part-time classes for providing functional literacy for children in the age
group of sixteen and above;
(c) Imparting non-formal
education by utilizing the available manpower in rural areas after giving them
appropriate orientation;
(d) Imparting education
through open schools or open universities;
(e) Conducting class and
discussions through interactive electronic or other media;
(f) Providing every
child with disability free of cost special books and equipments needed for his
education.
8. The appropriate
Governments shall initiate or cause to be initiated research by official and
non-governmental agencies for the purpose of designing and developing new
assistive devices, teaching aids, special teaching materials or such other
items as are necessary to give a child with disability equal opportunities in
education.
29. The appropriate
Governments shall set up adequate number of teachers' training institutions and
assist the national institutes and other voluntary organizations to develop
teachers' training programmes specializing in disabilities so that requisite
trained manpower is available for special schools and integrated schools for
children with disabilities.
30. Without prejudice to
the foregoing provisions, (be appropriate Governments shall by notification prepare
a comprehensive education scheme which shall make Provision for-
(a) Transport facilities
to the children with disabilities or in the alternative financial incentives to
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260
parents or guardians to enable their children with disabilities to attend
schools.
(b) The removal of
architectural barriers from schools. colleges or other institution, imparting
vocational and professional training;
(c) The supply of books,
uniforms and other materials to children with disabilities attending school.
(d) The grant of
scholarship to students with disabilities..
(e) Setting up of
appropriate fora for the redressal of grievances of parent, regarding the
placement of their children with disabilities;
(f) Suitable
modification in the examination system to eliminate purely mathematical
questions for the benefit of blind students and students with low vision;
(g) Restructuring of
curriculum for the benefit of children with disabilities;
(h) restructuring the
curriculum for benefit of students with hearing impairment to facilitate them
to take only one language as part of their curriculum.
31. All educational
institutions shall provide or cause to be provided amanuensis to blind students
and students with or low vision.
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CHAPTER
VI EMPLOYMENT
32. Appropriate
Governments shall--
(a) Identify posts, in
the establishments, which can be reserved for the persons with disability;
(b) At periodical
intervals not exceeding three years, review the list of posts identified and
up-date the list taking into consideration the developments in technology.
33. Every appropriate
Government shall appoint in every establishment such percentage of vacancies
not less than three per cent. for persons or class of persons with disability
of which one per cent. each shall be reserved for persons suffering from-
(i) Blindness or low
vision;
(ii) Bearing impairment;
(iii) Loco motor
disability or cerebral palsy, in the posts identified for each disability:
Provided that the
appropriate Government may, having regard to the type of work carried on in any
department or establishment, by notification subject to such conditions, if
any, as may be specified in such notification, exempt any establishment from
the provisions of this section.
34. (1) The appropriate
Government may, by notification. Require that from such date as May he
specified. By notification. The employer in every establishment shall furnish
such information or return as may be prescribed in relation to vacancies
appointed for person, with disability that have occurred or are about to occur
in that establishment to such Special Employment Exchange as may be prescribed
and the establishment shall thereupon comply with such requisition.
(2) The form in which
and the intervals of time for which information or returns shall be furnished
and the particulars, they shall contain shall be such as may be prescribed.
35. Any person
authorized by the Special Employment Exchange in writing, shall have access to
any relevant record or document in the possession of any establishment, and may
enter at any reasonable time and premises where he believes such record or
document to be, and inspect or take copies of relevant records or documents or
ask any question necessary for obtaining any information.
36. Where in any
recruitment year any vacancy under section 33, cannot be filled up due to
non-availability of a suitable person with disability or, for any other
sufficient reason, such vacancy shall be carried forward in the succeeding
recruitment year and if ;r the succeeding recruitment year also suitable person
with disability is not available, it may first be filled by interchange among
the three categories and only when there is no parson 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
can
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262
not be employed, the vacancies may be interchanged among the three categories with
the prior approval of the appropriate Government.
37. (1) Every employer
shall maintain such record in relation to the person. With disability employed
in his establishment in such form and in such manner as may be prescribed by
the appropriate Government.
(2) The records
maintained under sub-section (1) shall be open to inspection at all reasonable
hours by such persons as may be authorized in this behalf by general or special
order by the appropriate Government.
38. (1) The appropriate
Governments and local authorities shall by notification formulate schemes for
ensuring employment of persons with disabilities, and such schemes may provide
for-
(a) The training and
welfare of persons with disabilities;
(b) The relaxation of
upper age limit;
(c) Regulating the
employment;
(d) Health and safety
measures and creation of a non-handicapping environment in places where persons
with disabilities are employed;
(e) The manner in which
and the person by whom the cost of operating the schemes is to be defrayed; and
(f) Constituting the
authority responsible for the administration of the scheme.
39. All Government
educational institutions and other educational institutions receiving aid from
the Government, shall reserve not less than three per cent seat for persons
with disabilities.
40. The appropriate
Governments and local authorities shall reserve not less than three per cent.
in all poverty alleviation schemes for the benefit of persons with disabilities.
41. The appropriate
Governments and the local authorities shall, within the limits of their
economic capacity and development, provide incentives to employers both in
public and private sectors to ensure that at least five per cent. of their work
force is composed of persons with disabilities.
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CHAPTER
VII AFFIRMATIVE ACTION
42. The appropriate
Governments shall by notification make schemes to provide aids and appliances
to persons with disabilities.
43. The appropriate
Governments and local authorities shall by notification frame schemes in favor
of persons with disabilities, for the preferential allotment of land at
concession] rates for-
(a) House;
(b) Setting up business;
(c) Setting up of
special recreation centers;
(d) Establishment of
special schools;
(e) Establishment of
research centers;
(f) Establishment of
factories by entrepreneurs with disabilities
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CHAPTER
VIII NON-DISCRIMINATION
44. Establishments in
the transport sector shall, within the limits of their economic capacity and
development for the benefit of persons with disabilities, take special measures
to-
(a) Adapt rail
compartments, buses. Vessels and aircrafts in such a way as to permit easy
access to such persons;
(b) Adapt toilets in
rail compartments, vessels, aircrafts and waiting rooms in such a way as to
permit the wheel chair users to use them conveniently.
45. The appropriate
Governments and the local authorities shall, within the limits of their
economic capacity and development. Provide for-
(a) Installation of
auditory signals at red lights in the public roads for the benefit of persons
with visually handicap;
(b) Causing curb cuts
and slopes to be made in pavements for the easy access of wheel chair users;
(c) Engraving on the
surface of the zebra crossing for the blind or for persons with low vision;
(d) Engraving on the
edges of railway platforms for the blind or for persons with low vision;
(e) Devising appropriate
symbols of disability;
(f) Warning signals at appropriate
places.
46. The appropriate
Governments and the local authorities shall, within the limits of their
economic capacity and development, provide for-
(a) Ramps in public
buildings;
(b) Braille symbols and
auditory signals in elevators or lifts;
(c) Braille symbols and
auditory signals in elevators or lifts;
(d) Ramps in hospitals,
primary health centers and other medical care and rehabilitation institutions.
47. (1) No establishment
shall dispense with or reduce in rank, an employee who acquires a disability
during his service.
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Provided that, if an
employee, after acquiring disability is not suitable for the post he was
holding, could be shifted to some other post with the same pay scale and
service benefits.
Provided further that if
it is not possible to adjust the employee against any post, he may be kept on a
supernumerary post until a suitable post is available or he attains the age of
superannuation, whichever is earlier.
(2) No promotion shall
be denied to a person merely on the ground of his disability:
Provided that the
appropriate Government may, having regard to the type of work carried on in any
establishment, by notification and subject to such conditions, if any, as may
be specified in such notification, exempt any establishment from the provisions
of this section.
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CHAPTER
IX RESEARCH AND MANPOWER DEVELOPMENT
48. The appropriate
Governments and local authorities shall promote and sponsor research, inter
alia,, in the following areas-
(a) Prevention of
disability;
(b) Rehabilitation
including community based rehabilitation;
(c) Development of
assistive devices including their psychosocial aspects;
(d) Job identification;
(e) On site
modifications in offices and factories.
49. The appropriate
Governments shall provide financial assistance to universities, other
institutions of higher learning, professional bodies and non-governmental
research-. units or institutions, for undertaking research for special
education. rehabilitation and manpower development.
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CHAPTER
X RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES
50. The State Government
shall appoint any authority, as it deems fit to be a competent authority for
the purposes of this Act.
51. Save as otherwise
provided under this Act, no person shall establish or maintain any institution
for persons with disabilities except under and in accordance with a certificate
of registration issued in this behalf by the competent authority:
Provided that a person
maintaining an institution for persons with disabilities immediately before the
commencement of this Act may continue to maintain such institution for a period
of six months from such commencement and if he has made an application for such
certificate under this section within the said period of six months, till the
disposal of such application.
52. (1) Every
application for a certificate of registration shall be made to the competent
authority in such form and in such manner as may be prescribed by the State
Government.
(2) On receipt of an
application under sub-section (1), the competent authority shall make such
enquiries as it may deem fit and where it is satisfied that the applicant has
cornplied with the requirements of this Act and the rules made thereunder it
shall grant a certificate of registration to the applicant and where it is not
so satisfied the competent authority shall. by order. refuse to grant the
certificate applied for:
Provided that before
making any order refusing to grant a certificate the competent authority shall
give to the applicant a reasonable opportunity of being heard and every order
of refusal to grant a certificate shall he communicated to the applicant in
such manner as may be prescribed by the State Government.
(3) No certificate of
registration shall be granted under sub-section (2) unless the institution with
respect to which an application has been made is in a position to provide such
facilities and maintain such standards as may be prescribed by the State
Government.
(4) A certificate of
registration granted under this section,-
(a) Shall, unless
revoked under section 53, remain in force for such period as may, be prescribed
by, the State Government.
(b) May be renewed from
time to time for a like period; and
(c) Shall be in such
form and shall be subject to such conditions as may be Prescribed by the State
Government
(5) An application for
renewal of a certificate of registration shall be made not less than sixty days
before the period of validity.
(6) The certificate of
registration shall he displayed by the institution in a conspicuous place.
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53. (1) the competent
authority may, if it has reasonable cause to believe that the
Holder of the
certificate of registration granted under sub-section (2) of section 52 has -
(a) Made a statement in
relation to any application for the issue of renewal of the certificate which
is incorrect or false in material particulars; or
(b) Committed or has
caused to be committed any breach of rules or any conditions subject to which
the certificate was granted,
it may after making such
inquiry, as it deems fit, by order, revoke the certificate:
Provided that no such
order shall he made until an opportunity is given to the holder of the
certificate to show cause as to why the certificate should not be revoked.
(2) Where a certificate
in respect of an institution has been revoked under sub-section (1), such
institution shall cease to function from the date of such revocation.
Provided that where an
appeal lies under section 54 against the order of revocation, such institution
shall cease to function—
(a) Where no appeal has
been preferred immediately on the expiry of the period prescribed for the
filing of such appeal, or
(b) Where such appeal
has been preferred, but the order of revocation has been upheld, from the date
of the order of appeal.
(3) On the revocation of
a certificate in respect of an institution, the competent authority may direct
that any person with disability who is an inmate of such institution on the
date of such revocation, shall be-
(a) Restored to the
custody of her or his parent, spouse or lawful guardian, as the case may be, or
(b) Transferred to any
other institution specified by the competent authority.
(4) Every institution,
which holds a certificate of registration, which is revoked, under this section
shall, immediately after such revocation. Surrender such certificate to the
Competent authority.
54. (1) Any person
aggrieved by the order of the competent authority, refusing to grant a certificate
or revoking a certificate may, within such period as may he prescribed by the
State Government, prefer an appeal to that Government against such refusal or
revocation.
(2) The order of the
State Government on such appeal shall he final.
55. Nothing contained in
this Chapter shall apply, to an institution for persons with disabilities
established or maintained by the Central Government or State Government.
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CHAPTER
XI INSTITUTION FOR PERSONS WITH SEVERE DISABILITIES
56. The appropriate
Government may establish and maintain institutions for persons with severe
disabilities at such places as it thinks fit.
(2) Where, the
appropriate Government is of opinion that any institution other than an
institution. Established under sub-section (1), is fit for the rehabilitation
of the persons with severe disabilities, the Government may recognize such
institution as an institution for persons with severe disabilities for the
purposes of this Act:
Provided that no
institution shall be recognized under this section unless such institution has
complied with the requirements of this Act and the rules made there under.
(3) Every institution
established under sub-section (1) shall be maintained in such manner and
satisfy such conditions as may be prescribed b), the appropriate
Government.
(4) For the purposes of
this section "person with severe disability" means a person with
eighty per cent. or more of one or more disabilities.
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CHAPTER
XII THE CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES
57. (1) The Central
Government may, by notification appoint a Chief Commissioner for persons with
disabilities for the purposes of this Act.
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(2) A person shall not
be qualified for appointment as the Chief Commissioner unless he has special
knowledge or practical experience in respect of matters relating to
rehabilitation.
(3) The salary and
allowances payable to and other terms and conditions of service (including
pension, gratuity and other retirement benefits of the Chief Commissioner shall
be such as may be prescribed by the Central Government.
(4) The Central
Government shall determine the nature and categories of officers and other
employees required to assist the Chief Commissioner in the discharge of his
functions and provide the Chief Commissioner with such officers and other
employees as it thinks fit.
(6) The salaries and
allowances and other conditions of service of officers and employees provided
to the Chief Commissioner shall be such as may be prescribed by the Central
Government.
58. The Chief
commissioner shall ---
(a) Coordinate the work
of the Commissioners;
(b) Monitor the
utilization of' funds disbursed by the Central Government;
(c) Take steps to
safeguard the rights and facilities made available to Persons with
disabilities;
(d) Submit reports to
the Central Government on the implementation of the Act at such intervals as
that Government may prescribe.
59. Without prejudice to
the provisions of section 58 the Chief Commissioner may of his own motion or on
the application of any aggrieved person or otherwise look into complaints with
respect to matters relating to --
(a) Deprivation of
rights of persons with Disabilities.
(b) Non-implementation
of laws, rules, byelaws, regulations. Executive orders, guidelines or
instructions made or issued by the appropriate Governments and the local
authorities for the welfare and protection of rights or persons with
disabilities. And take up the matter with the appropriate authorities.
60. (1) Every State
Government may, by notification appoint a Commissioner for persons with
disabilities for the purpose of this Act.
(2) A person shall not
be qualified for appointment as a Commissioner unless he has special knowledge
or practical experience in respect of matters relating to rehabilitation.
(3) The salary and
allowances payable to and other terms and conditions of service (including
pension gratuity and other retirement benefits) of the Commissioner shall be
such as may he prescribed by the State Government.
(4) The State Government
shall determine the nature and categories of officers and other employees
required to assist the Commissioner in the discharge of his functions and
provide the Commissioner with such officers and other employees as it thinks
fit.
(5) The officers and
employees provided to the Commissioner shall discharge their functions under
the general superintendence of the Commissioner.
(6) The salaries and
allowances and other conditions of service of officers and employees provided
to the Commissioner shall be such as may he prescribed by the State Government.
61. The Commissioner
within the State shall-
(a) Coordinate with the
departments of the State Government for the programmes and schemes, for the
benefit of persons with disabilities;
(b) Monitor the
utilization of funds disbursed by the State Government;
(c) Take steps to
safeguard the rights and facilities made available to persons with
disabilities.
(d) Submit reports to
the State Government on the implementation of the Act at such intervals as that
Government may prescribe and forward a copy thereof to the Chief Commissioner.
62. Without prejudice to
the provisions of section 61 the Commissioner may of his own motion or on the
application of any aggrieved person or otherwise look into complaints with
respect to matters relating to---
(a) Deprivation of
rights of persons with disabilities;
(b) Non-implementation
of laws, rules, bye-laws, regulations, executive orders, guidelines or
instructions made or issued by the appropriate Governments and the local
authorities for the welfare and protection of rights of persons with
disabilities, And take up the matter with the appropriate authorities.
63. The Chief
Commissioner and the Commissioners shall, for the purpose of discharging their
functions under this Act, have the same powers as are vested in a court under
the Code of Civil Procedure, 1908 while trying a suit, in respect of the
following matters, namely:-
(a) Summoning and
enforcing the attendance of witnesses;
(b) Requiring the
discovery and production of any documents;
(c) Requisitioning any
public record or copy thereof from any court or office;
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272
(d) Receiving evidence
on affidavits; and
(e) Issuing commissions
for the examination of witnesses or documents.
(2) Every proceeding
before the Chief Commissioner and Commissioners shall be a judicial proceeding
within the meaning directions 193 and 228 of the Indian Penal Code and the
Chief Commissioner, the Commissioner, the competent authority, shall be deemed to
he a civil court for the purposes of section 195 and Chapter XXVI of the Code
of Criminal Procedure, 1973.
64. (1) The Chief
Commissioner shall prepare in such form and at such time for each financial
year as may be prescribed by the Central Government an annual report giving a
full account of his activities during the previous financial year and forward a
copy thereof to the Central Government.
(2) The Central
Government shall cause the annual report to be laid before each House of
Parliament along with the recommendations explaining the action taken or
proposed to be taken on the recommendation made therein in so far as they
relate to the Central Government and the reasons for non-acceptance, if any, of
any such recommendation or part.
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65. (1) The Commissioner
shall prepare in such form and at such time for each financial year as may be
prescribed by the State Government an annual report giving a full account of
his activities during the previous financial year and forward a copy thereof to
the State Government.
The State Government
shall cause the annual report to be laid before each State Legislature along
with the recommendations explaining the action taken or proposed to be taken on
the recommendation made therein in so far as they relate to the State
Government and the reasons for non-acceptance, if any, of any such
recommendation or part.
CHAPTER
XIII SOCIAL SECURITY
66. (1) The appropriate
Governments and the local authorities shall within the limits of their economic
capacity and development undertake or cause to be undertaken rehabilitation of
all persons with disabilities.
(2) For purposes of
sub-section (1), the appropriate Governments and local authorities shall grant
financial assistance to non-governmental organizations.
(3) The appropriate
Governments and local authorities while formulating rehabilitation policies
shall consult the non-governmental organizations working for the cause of
persons with disabilities.
67. (1) The appropriate
Government shall by notification frame an insurance scheme for the benefit of
its employees with disabilities.
(2) Notwithstanding
anything contained in this section, the appropriate Government may instead of
framing an insurance scheme frame an alternative security scheme for its
employees with disabilities.
68. The appropriate
Governments shall within the limits of their economic capacity and development
shall by notification frame a scheme for payment of an unemployment allowance
to persons with disabilities registered with the Special Employment Exchange
for more than two years and who could not he placed in any gainful occupation.
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CHAPTER
XIV MISCELLANEOUS
69. Whoever fraudulently
avails or attempts to avail, any benefit meant for persons with disabilities,
shall be punishable with imprisonment for a term which may extend to two years
or with fine which may extend to twenty thousand rupees or with both.
70. The Chief Commissioner,
the Commissioners and other officers and staff provided to them shall be deemed
to be public servants within the meaning of section 21 of the Indian Penal
Code.
71. No suit, prosecution
or other legal proceeding shall lie against the Central Government, the State
Governments or the local authority or any officer of the Government in respect
of anything which is done in good faith or intended to be done in pursuance of
this Act and any rules or orders made there under.
72. The provisions of
this Act, or the rules made there under shall be in addition to, and not in
derogation of any other law for the time being in force or any rules, order or
any instructions issued there under, enacted or issued for the benefit of
persons with disabilities.
73. (1) The appropriate
Government may, by notification, make rules for carrying out the provisions of
this Act.
(2) In particular, and
without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:-
(a) The manner in which
a State Government or a Union territory shall be chosen under clause (k) of
sub-section (2) of section 3;
(b) Allowances, which
members shall receive under subsection (7) of section 4;
(c) Rules of procedure,
which the Central Coordination Committee shall observe in regard to the
transaction of business in its meetings under section 7;
(d) Such other
functions, which the Central Coordination Committee may perform under clause
(h) of sub-section (2) of section 8;
(e) The manner in which
a State Government or a Union Territory shall be chosen under clause (h) of
sub-section (2) of section 9;
(f) The allowances,
which the Members shall receive under sub-section (3) of section 9;
(g) Rules of procedure,
which the Central Executive Committee shall observe in regard to transaction of
business at its meetings under section 11;
(h) The manner and
purposes for which a person may be associated under sub-section (I) of section
12;
(i) Fees and allowances
which a person associated with the Central Executive Committee shall received
under sub-section (3) of section 12;
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(j) Allowances which
members shall received under sub-section (7) of section 14;
(k) Rules of procedure,
which a State Coordination Committee shall observe in regard to transaction of
business in its meetings under section 17;
(l) Such other
functions, which a State Coordination Committee may perform under clause (g) of
sub-section (2) of section 18;
(m) The allowances,
which Members shall receive under sub-section (3) of section 19;
(n) Rules of procedure,
which a State Executive Committee shall observe in regard to transaction of
business at its meetings under section 21;
(o) The manner and
purposes for which a person may be associated under sub-section (1) of section
22;
(p) Fees and allowances
which a person associated with the State Executive Committee may receive under
sub-section (3) of Section 22;
(q) Information or
return which the employer in every establishment should furnish and the Special
Employment Exchange to which such information or return shall be furnished
under sub-section (1) of section 34;
(r) The form and the
manner in which record shall be maintained by an employer under sub-section (1)
of section 37;
(s) The form and manner
in which an application shall be made under sub-section (1) of section 52;
(t) The manner in which
an order of refusal shall be communicated under sub-section (2) of section 52;
(u) Facilities or
standards required to be provided or maintained under sub-section (3) of
section 52;
(v) The period for which
a certificate of registration shall be valid under clause (a) of sub-section
(4) of section 52;
(w) The form in which
and conditions subject to which a certificate of registration shall be granted
under clause (c) of sub-section (4) of section 52;
(x) Period within which
an appeal shall lie under sub-section (1) of section 54;
(y) The manner in which
an institution for persons with severe disabilities shall be maintained and
conditions which have to be satisfied under sub-section (3) of section 56;
(z) The salary,
allowances and other terms and conditions of service of the Chief Commissioner
under sub-section (6) of section 57;
(za) the salary,
allowances and other conditions of service of officers and employees under
sub-section (6) of section 57;
(zb) intervals at which
the Chief Commissioner shall report to the Central Government under clause (d)
of section 58;
(zc) the salary,
allowances and other terms and conditions of service of the Commissioner under
sub-section (3) of section 60;
(zd) the salary,
allowances and other conditions of service of officers and employees under sub-
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276
section (6) of section 60;
(ze) intervals within
which the Commissioner shall report to the State Government under clause (d) of
section 61;
(zf) the form and time
in which annual report shall be prepared under sub-section (1) of section 64;
(zg) the form and time
in which annual report shall be prepared under sub-section (1) of section 65;
(zh) any other matter
which is required to be or may be prescribed.
(3) Every notification
made by the Central Government under die proviso to section 33, proviso to
sub-section (2) of section 47, every scheme framed by it under section 27,
section 30, sub-section (1) of section 38. section 42, section 43, section 67,
section 68 and every rule made by it under sub-section (1). shall be laid. as
soon as may be after it is made, before each House of Parliament, while it is
in session for a tow 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,
berth Houses agree in making any modification in the rule, notification or
scheme, both Houses agree that the rule, notification or scheme should not be
Made, the rule,
notification or scheme 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. Notification or scheme, as the case may be.
(4) Every notification
made by the State Government under the provison to section 33 proviso to
sub-section (2) of section 47, every scheme made by it under section 27,
section 30, sub-section (1) of section 38, section 42. section 43, section 67.
section 68 and every rule made by it under sub-section (1), shall be laid. as
soon as may be after it is made, before each House of State Legislature, where
it consists of two Houses or where such legislature consists of one House
before that House.
74. In section 12 of the
Legal Services Authorities Act. 1987, for clause (d), the following clause
shall he substituted, namely:-
"(d) a person with
disability as defined in clause (i) of section 2 of the Persons With
Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act. 1995."
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