Daman and Diu act 001 of 1996 : The Amendments proposed in the Persons with Disabilities Act, 1995

Draft / 04.9.09 Amendments proposed in the Persons with Disabilities Act, 1995 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary

1 2. In this Act, unless the context 2. In this Act, unless there is anything repugnant in the

otherwise requires,- subject or context,-

(a) "Appropriate Government" means,- (a) "Appropriate Government" means,-

(i) In relation to the Central (i) In relation to an establishment of the Central Government, Government or any establishment or an establishment, wholly or substantially owned or wholly or substantially financed by that financed by that Government, or a Cantonment Board Government, or a Cantonment Board constituted under the Cantonment Act, 1924, or a union

constituted under the Cantonment Act, territory without legislature, or the provider of a service

1924, the Central Government ; which pertains to List I in Schedule VII of the Constitution, the Central Government ;

(ii) In relation to a State Government or (ii) In all other cases, the State Government or, as the case

any establishment wholly or may be, the Government of a UT with legislature. substantially financed by that

Government, or any local authority,

other than a Cantonment Board, the

State Government;

(iii) In respect of the Central Co- (iii) In respect of the Central Board, the Central Committee,

ordination Committee and the Central and the Chief Commissioner, the Central Government; Executive Committee, the Central

Government;

(iv) In respect of the State Co- (iv) In respect of a State Board, the State Committee, and

ordination Committee and the State the State Commissioner, the State Government; Executive Committee, the State

Government;

1

S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary

2 New Provision 2(aa) "autism" means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour;

(to be inserted after 2(a) in Chapter I) 3 2(b) "blindness" refers to a condition 2(b) "blindness" refer to a condition where a person suffers where a person suffers from any of the from any of the following conditions, namely:-

following conditions, namely:-

(i) Total absence of sight; or (i) Total absence of sight; or

(ii) Visual acuity not exceeding 6/60 (ii) Visual acuity not exceeding 3/60 or 10/200 (snellen) in or 20/200 (snellen) in the better the better eye with best correcting lenses; or eye with correcting lenses; or

(iii) Limitation of the field of vision (iii) Limitation of field of vision subtending an angle of 10

subtending an angle of 20 degree degree or worse; or worse;

4 (c) "Central Co-ordination Committee" 2(c) "Central Board" means the Central Advisory Board

means the Central Co-ordination constituted under sub-section (1) of section 3. Committee constituted under sub-section

(1) of section 3; (The phrase "Central Co-ordination Committee" shall be replaced with "Central Advisory Board" wherever it appears in sections 3 to 8, 23 and 24 of the Act.)

5 (d) "Central Executive Committee" 2(d) "Central Committee" means the Central Coordination

means the Central Executive Committee and Monitoring Committee constituted under sub-section constituted under sub-section (1) of (1) of section 9.

section 9;

(The phrase "Central Executive Committee" shall be replaced with

"Central Coordination and Monitoring Committee" wherever it appears in sections 9 to 12 and 24 of the Act.)

2

3

S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary

10 New Provision 2 (ka) "Fund" means the National Fund for Persons with Disabilities established under Section 68 B.

(to be inserted after 2(k) in Chapter I) 11 2(l) "Hearing impairment" means 2(l) "Hearing impairment" means sensorineural hearing

loss of sixty decibels or more in the loss of forty five decibels (dBHL) or more in the better ear

better ear in the conversational range in conversational range of' frequencies and the binaural

of' frequencies; loss of forty percent, or Word Recognition Score of forty percent or less;

12 New Provision 2(la) "inclusive environment" in relation to education of students with disabilities means a system which supports students with disabilities to study in educational institutions with their peer group without disabilities, on an equitable basis.

13 New Provision 2(lb) "language" includes spoken and sign languages and other forms of non spoken languages;

14 New Provision 2(na) "Local authority" means a panchayat, a municipality and any other local authority established by or under an Act, and includes a "Local authority" as defined in clause

(31) of Section 3 of the General Clauses Act, 1987.

(to be inserted after 2 (n) in Chapter I)

15 New Provision 2(ra) "multiple disabilities" means a combination of two or more disabilities as listed at S. No. (i) - (viii) in clause (i) of section 2.

(to be inserted after 2(r) in Chapter I)

4

S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary

16 New Provision 2(ta) "Person with severe disability" means a person with 80% or more of one or more disabilities, as certified by a medical authority, and the phrase "Child with severe disability" shall be construed accordingly,

(to be inserted after 2(t) in Chapter I) 17 2(u) "person with low vision" means a 2(u) "person with low vision" means a person with person with impairment of visual impairment of vision of less than 6/18 to 4/60 with best

functioning even after treatment or correction in the better eye or impairment of field of

standard refractive correction but who vision in any one of the following categories:-

uses or is potentially capable of using vision for the planning or executor of a (a) Reduction of field less than 50 degrees

task with appropriate assistive device; (b) Hemianopia with macular involvement (c) Altitudinal defect involving lower fields

18 New Provision 2(va) "poverty alleviation schemes" means schemes and programmes of the Central Government, State Government or a local authority aimed at alleviation of poverty.

(to be inserted after 2 (v) in Chapter I)

19 New Provision 2(vb) 'public building' means a building, irrespective of ownership, which is used by the public at large.

20 New Provision 2(vc) "reasonable accommodation" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

21 2(w): "rehabilitation" refers to a process 2(w): "rehabilitation" refers to a process aimed at enabling aimed at enabling persons with disabilities to persons with disabilities to attain and maintain maximum

reach and maintain their optimal physical, independence, full physical, sensory, intellectual, psychiatric, sensory, intellectual, psychiatric or social social and vocational ability, and full inclusion and

functional levels. participation in all aspects of life.

5

6

Committee

26 3. Central Co-ordination Committee - 3. Central Advisory Board -

(1) The Central Government shall by (1) The Central Government shall by notification constitute a notification constitute a body to be body to be known as the Central Advisory Board to known as the Central Co-ordination exercise the powers conferred on, and to perform the Committee to exercise the powers functions assigned to it, under this Act. conferred on, and to perform the

functions assigned to it, under this Act.

(2) The Central Co-ordination Committee (2) The Central Advisory Board shall consist of- shall consist of-

(a) The Minister-in-charge of the (A) The Minister-in-charge of the Ministry in the Central Ministry of Social Welfare in the Central Government which nodally deals with disability matters, Government, Chairperson, ex officio; Chairperson, ex officio;

(b) The Minister of State-in-charge of the (B) The Minister of State-in-charge in the Ministry in the Ministry of Social Welfare in the Central Central Government which nodally deals with disability

Government, Vice Chairperson, ex matters, Vice Chairperson, ex officio; officio;

(c) Secretaries to the Government of (C) Members, ex officio:

India in-charge of the Ministries/ Departments of Social Justice & (a) Secretaries to the Government of India in-charge of the Empowerment, Human Resource Ministries/Departments nodally dealing with the

Development, Woman and Child following subjects: -

Development, Expenditure, Personnel Training and Public Grievances, Health (i) Disability;

& Family Welfare, Rural Development, (ii) School Education & Literacy, and Higher

Industrial Development, Urban Affairs Education;

and Employment, Science and (iii) Women & Child Development; Technology, Legal Affairs, Public (iv) Finance (Expenditure); (v) Personnel & Training;

7

Enterprises, Members, ex officio; (vi) Health & Family Welfare

(vii) Rural Development;

(viii) Panchayati Raj;

(ix) Industrial Policy & Promotion;

(x) Urban Development;

(xi) Housing & Urban Poverty Alleviation;

(xii) Science and Technology;

(xiii) Legal Affairs; (xiv) Public Enterprises;

(xv) Youth Affairs & Sports;

(xvi) Surface Transport and Highways.

(xvii) Civil Aviation

(b) Secretary, Planning Commission,

(d) Chief Commissioner for Persons with (c) Chief Commissioner for Persons with Disabilities, Disabilities, Member, ex officio;

(d) Chairperson, Rehabilitation Council of India;

(e) Chairman Railway Board, Member, ex officio; (e) Chairperson, National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation

(f) Director-General of Labour, and Multiple Disabilities; Employment and Training, Member, ex (f) Chairman, Railway Board; officio;

(g) Director, National Council for (g) Director-General of Labour, Employment and Training; Educational Research and Training, (h) Director, National Council for Educational Research and Member, ex officio; Training;

(h) Three Members of Parliament. of (i) Chairperson, National Council of Teacher Education

whom two shall be elected by the House of the People and one by the Council of (j) Chairperson, University Grants Commission;

States, Members;

8

(i) Three persons to be nominated by the (k) Chairperson, Medical Council of India.

Central Government to represent the interests, which in the opinion of that (l) Directors of the- Government ought to be represented,

Members; (i) National Institute for the Visually Handicapped, Dehradun;

(j) Directors of the- (ii) National Institute for the Mentally Handicapped,

(i) National Institute for the Visually Secundrabad; Handicapped, Dehradun; (iii) National Institute for the Orthopedically

(ii) National Institute for the Mentally Handicapped, Calcutta; Handicapped, Secundrabad; (iv) Ali Yavar Jung National Institute for the

(iii) National Institute for the Hearing Handicapped, Bombay, Orthopedically Handicapped, Calcutta; (v) National Institute for Empowerment of

(iv) Ali Yavar Jung National Institute Persons with Multiple Disabilities, Chennai,

for the Hearing Handicapped, Bombay,

ex officio; (vi) National Institute for Mental Health and Sciences, (NIMHANS), Bangalore,

(D) Three Members of Parliament. of whom two shall be elected by the House of the People and one by the Council of

(k) Four Members to be nominated by the States; Central Government by rotation to represent the States and the Union (E) Members to be nominated by the Central Government:

territories in such manner as may be (a) Five persons who are either experts in the field of prescribed by the Central Government: disability and rehabilitation represent interests, which in Provided that no appointment under this the opinion of the Government ought to be represented; clause shall be made except on the (b) Five Members to be nominated by the Central recommendation of the State Government Government by rotation to represent the States and the or, as the case may be, the Union Union territories in such manner as may be prescribed:

territory;

(l) five persons as far as practicable, being persons with disabilities, to

9

represent non-governmental Provided that no nomination under this sub-clause organizations or associations which are shall be made except on the recommendation of the State concerned with disabilities, to be Government or, as the case may be, the Union Territory; nominated by the Central Government,

one from each area of disability, (c) Nine persons as far as practicable, being persons with Members: disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, such that

Provided that while nominating persons there is one person associated with each of the disabilities under this clause, the Central specified in Clause (i) of Section 2:

Government shall nominate at least one

woman and one person belonging to Provided that of the nine persons nominated under this Scheduled Castes or Scheduled Tribes; clause, at least, three shall be women and at least one person each shall be from a Scheduled Caste and a Scheduled Tribe;

(m) Joint Secretary to the Government of India in the Ministry of Welfare dealing (F) Joint Secretary to the Government of India in-charge of

with the welfare of handicapped, the subject matter relating to persons with disabilities, Member-Secretary, ex officio.

Member-Secretary, ex officio.

(3) The office of the Member of the (3) The office of the Member of the Central Advisory

Central Co-ordination Committee shall Board shall not disqualify its holder for being chosen as or not disqualify its holder for being chosen for being a Member of either House of Parliament. as or for being a Member of either House

of Parliament.

10

11

(5) A casual vacancy in the Central Co- (5) A casual vacancy in the Central Board shall be filled ordination Committee shall be filled by a by a fresh nomination and the person nominated to fill the fresh nomination and the person nominated vacancy shall hold office only for the remainder of the to fill the vacancy shall hold office only for term for which the Member in whose place he was so the remainder of the term for which the nominated.

Member in whose place he was so

nominated.

(6) A Member nominated under clause (i) (6) A Member nominated under clause (a) or clause (c)

or clause (l) of sub-section (2) of section 3 of sub-section (2)(E) of section 3 shall be eligible for shall be eligible for renomination. renomination.

(7) Members nominated under clause (i) (7) Members nominated under clause (a) and clause (c)

and clause (1) of sub-section (2) of section of sub-section (2)(E) of section 3 shall receive such 3 shall receive such allowances as may be allowances as may be prescribed by the Central prescribed by the Central Government. Government.

12

13

organizations with a view, to provide for view to provide for schemes and projects for the disabled in schemes and projects for the disabled in the national plans and other programmes and policies the national plans and other programmes evolved by the international agencies; and policies evolved by the international

agencies;

(e) review in consultation with the donor (e) review in consultation with the donor agencies, their agencies their funding policies from the funding policies from the perspective of their impact on perspective of their impact on persons persons with disabilities.

with disabilities;

(f) take such other steps to ensure (f) recommend steps to ensure barrier-free environment in barrier-free environment in public public places, work-places, public utilities, schools and other places, work-places, public utilities, institutions;

schools and other institutions;

(g) monitor and evaluate the impact of (g) monitor and evaluate the impact of policies and policies and programmes designed for programmes designed for achieving equality and full achieving equality and full participation participation of persons with disabilities; and of persons with disabilities;

(h) to perform such other functions as may (h) to perform such other functions as may be prescribed.

be prescribed by the Central Government.

14

15

(f) the Financial Advisor, Ministry of Welfare (f) Representatives not below the rank of a Joint in the Central Government, Member, ex Secretary, to represent the Ministries or Departments officio; nodally dealing with School Education & Literacy,

Higher Education, Personnel & Training, Urban

Development;

(g) Advisor (Tariff) Railway Board, Member, (g) The Financial Advisor, Ministry of Social Justice

ex officio; & Empowerment in the Central Government,;

(h) four members to be nominated by the (h) Advisor (Tariff) Railway Board; Central Government, by rotation, to represent

the State Governments and the Union (C) Members to be nominated by the Central Government:

territories in such manner as may be

prescribed by the Central Government. (a) Five members, by rotation, to represent the State Governments and the Union territories in such

(i) one person to be nominated by the Central manner as may be prescribed by the Central Government to represent the interest, which in

the opinion of the Central Government ought Government.

to be represented, Member; (b) One person to represent interests, which in the

(j) five persons, as far as practicable, being opinion of the Central Government ought to be persons with disabilities, to represent non- represented;

governmental organizations or associations

which are concerned with disabilities, to he (c) Five persons, as far as practicable, being persons nominated by the Central Government, one with disabilities, to represent non-governmental from each area of disability, Members: organizations or associations which are concerned with disabilities, one from each area of disability by rotation:

Provided that while nominating persons under

this clause, the Central Government shall Provided that the Central Government shall ensure

nominate at least one woman and one person that all types of disabilities are represented over the

belonging to Scheduled Castes or Scheduled two tenures of the Committee;

Tribes; Provided further 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;

16

(k) Joint Secretary to the Government of (d) Joint Secretary to the Government of India in-charge

India in the Ministry of Welfare dealing of the subject matter relating to persons with

with the welfare of the handicapped, disabilities, Member-Secretary, ex officio.

Member-Secretary, ex officio.

(3) Members nominated under clause (i) (3) Members nominated under clause (b) and clause (c) of and clause (j) of sub-section (2) shall sub-section (2)(B) of this section shall receive such receive such allowances as may be allowances as may be prescribed by the Central prescribed by the Central Government. Government.

(4) A Member nominated under clause (i) or clause (J) of sub-section (2) 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.

17

18

19

Committee Committee

33 13. State Co-ordination Committee. - 13. State Advisory Board -

(1) Every State Government shall, by (1) Every State Government shall, by notification, constitute a body notification, constitute a body to be known to be known as the State Advisory Board to exercise the powers as the State Co-ordination Committee to conferred on, and to perform the function assigned to it, under this exercise the powers conferred on, and to Act.

perform the function assigned to it, under

this Act.

(2) the State Coordination Committee shall (2) the State Advisory Board shall consist of- consist of-

(a) The Minister-in-charge of the (A) The Minister-in-charge of the Department in the State

Department of Social Welfare in the State Government which nodally deals with disability matters,

Government, Chairperson, ex officio; Chairperson, ex officio;

(b) the Minister of State in charge of the (B) the Deputy Minister-in-charge of the Department in the State

Department of Social Welfare, if any, Vice- Government which nodally deals with disability matters, if any, Chairperson, ex officio; Vice-Chairperson, ex officio;

(c) Secretaries to the State Government in (C) Members, ex officio:

charge of the Departments of Welfare,

Education, Woman and Child Development, (a) Secretaries to the State Government in-charge of the Expenditure, Personnel Training and Public Departments nodally dealing with the following

Grievances, Health, Rural Development, subjects :

Industrial Development, Urban Affairs and Employment, Science and Technology, (i) Disability;

Public Enterprises, by whatever name called, (ii) School Education & Literacy, and Higher Education;

Members, ex officio; (iii) Women and Child Development;

(iv) Finance(Expenditure);

(v) Personnel & Training;

(d) Secretary of any other Department, (vi) Health and Family Welfare;

20

which the State Government considers (vii) Rural Development; necessary, (viii) Panchayati Raj;

Member, ex officio; (ix) Industrial Policy and Promotion;

(x) Labour

(e) Chairman Bureau of Public Enterprises (xi) Urban Development; (by whatever name called) Member, ex (xii) Housing and Urban Poverty Alleviation:

officio; (xiii) Science and Technology;

(xiv) Public Enterprises

(f) five persons, as far as practicable, being (xv) Youth Affairs and Sports

persons with disabilities, to represent non- (xvi) Surface Transport

governmental organizations or associations which are concerned with disabilities, to be (b) Secretary of any other Department, which the State nominated by the State Government, one Government considers necessary; from each area of disability, Members:

(c) Commissioner for Persons with Disabilities. Provided that while nominating persons under this clause, the State Government (D) Three Members of the State Legislature of whom two shall be shall nominate at least one woman and one elected by the Legislative Assembly and one by the Legislative person belonging to Scheduled Castes or Council, if any;

Scheduled Tribes;

(E) Members to be nominated by the State Government

(g) three Members of State Legislature, of whom two shall be elected by the Legislative Assembly and one by the (a) Five persons who are either experts in the field of Legislative Council, if any; disability and rehabilitation represent interests, which in the opinion of the Government ought to be represented;

(h) three persons to be nominated by that State Government to represent agriculture, (b) Five Members to be nominated by the State industry or trade or any other interest, which Government by rotation to represent the Districts in such in the opinion of State Government ought to manner as may be prescribed:

be represented, Members, ex officio;

Provided that no nomination under this sub-clause shall

(i) The Commissioner, Member, ex officio; be made except on the recommendation of the District Administration concerned;

(j) Secretary to the State Government dealing with the welfare of the handicapped, (c) Nine persons as far as practicable, being persons with Member-Secretary, ex officio. disabilities, to represent non-governmental organizations or

(3) Notwithstanding anything contained in associations which are concerned with disabilities, such that

21

22

(2) The term of office of an ex officio (2) The term of office of an ex officio Member shall come to an end Member shall come to an end as soon as he as soon as he ceases to hold the office by virtue of which he was so ceases to hold the office by virtue of which nominated.

he was so nominated.

(3) The State Government may, if it thinks (3) The State Government may, if it thinks fit, remove any Member fit, remove any Member nominated under nominated under clause (a) or clause (c) of subsection (2)(E) of clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a section 13, before the expiry of his term of reasonable opportunity of showing cause against the same. office after giving him a reasonable

opportunity of showing cause against the

same.

(4) A Member nominated under clause (f) or (4) A Member nominated under clause (a) or clause (c) of clause (h) of sub-section (2) of section 13 subsection (2)(E) of section 13 may, at any time, resign his office may, at any time, resign his office by writing by writing under his hand addressed to the State Government and under his hand addressed to the State the seat of the said Member shall thereupon become vacant. Government and the seat of the said Member

shall thereupon become vacant.

(5) A casual vacancy in the State Co- (5) A casual vacancy in the State Board shall be filled by a fresh ordination Committee shall be filled by a nomination and the person nominated to fill the vacancy shall hold fresh nomination and the person nominated office only for the remainder of the term for which the Member in to fill the vacancy shall hold office only for whose place he was so nominated. the remainder of the term for which the

Member in whose place he was so

nominated.

(6) A Member nominated under clause (f) (6) A Member nominated under clause (a) or clause (c) of and clause (h) of sub-section (2) of section subsection (2)(E) of section 13 shall be eligible for renomination. 13 shall be eligible for renomination.

(7) Members nominated under clause (f) and (7) Members nominated under clause (a) or clause (c) of subsection clause (h) of sub-section (2) of section13 (2)(E) of section 13 shall receive such allowances as may be shall receive such allowances as may be prescribed by the State Government. prescribed by the State Government.

23

35 18. Functions of the State Co-ordination 18. Functions of the State Board - Committee -

(1) Subject to the provisions of this Act, the (1) Subject to the provision of this Act, the State Board

function of the State Co-ordination shall be the State-level consultative and advisory body on

Committee shall be to serve as the state disability matters, and shall facilitate the continuous focal point on disability matters and evolution of a comprehensive policy towards solving the facilitate the continuous evolution of a problems faced by persons with disabilities comprehensive policy towards solving the

problems faced by persons with disabilities.

(2) In particular and without prejudice to the (2) In particular and without prejudice to the generality of generality of the foregoing function the State the foregoing, the State Board shall perform the following

Co-ordination Committee may, within the functions, namely:

State perform all or any of the following functions, namely:-

(a) review and coordinate the activities of all (a) advise State Government on policies, programmes,

the Departments of Government and other legislation and projects with respect to disability;

Governmental and Non-Governmental Organizations which are dealing with matters relating to persons with disabilities.,

(b) develop a State policy to address issues (b) evolve a State policy to address issues faced by persons faced by persons with disabilities; with disabilities;

(c) advise the State Government on the (c) review and coordinate the activities of all Departments

formulation of policies, Programmes, of the State Government and other Governmental and non-

legislation and projects with respect to Governmental Organizations in the State which are

disability; dealing with matters relating to persons with disabilities.

(d) review, in consultation with the donor (d) take up the cause of persons with disabilities with

agencies, their funding from the perspective concerned authorities and international organizations with

of their impact on persons with disabilities; a view to provide for schemes and projects for the disabled in the State plans;

24

free environment in public places, work funding policies from the perspective of their impact on

places, public utilities, schools and other persons with disabilities.

institutions; 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) monitor and evaluate the impact of (f) recommend steps to ensure barrier-free environment in policies and programmes designed for public places, work-places, public utilities, schools and other achieving equality and full participation of institutions;

persons with disabilities;

(g) to perform such other functions as may (g) monitor and evaluate the impact of policies and be prescribed by the State Government. programmes designed for achieving equality and full participation of persons with disabilities; and

(h) to perform such other functions as may be prescribed.

36 19. State Executive Committee. - 19. State Coordination and Monitoring Committee. -

(1) The State Government shall constitute a (1) The State Government shall constitute a committee to be committee to be known as the State known as the State Coordination and Monitoring

Executive Committee to perform the Committee to perform the functions assigned to it under this functions assigned to it under this Act. Act.

(2) The State Executive Committee shall consist of- (2) The State Committee shall consist of-

(a) the Secretary, Department of Social (A) The Chief Secretary or an officer not below the rank of

Welfare, Chairperson, ex officio; Chief Secretary to be nominated by the State Government, Chairperson, ex-officio;

(b) the Commissioner, Member, ex officio;

(B) Members, ex officio;

(c) nine persons not below the rank of a Joint Secretary to the State Government, to (a) the Commissioner for Persons with Disabilities;

25

represent the Departments of Health, (b) six persons not below the rank of a Secretary to the Finance, Rural Development, Education, State Government, to represent the Departments of Health, Welfare, Personnel Public Grievances, Finance, Education, Welfare, Personnel, Labour and Urban Affairs Labor and Employment, Employment;

Science and Technology, Members, ex

officio; (c) Members to be nominated by the State Government:

(d) one person to be nominated by the State (a) Five members, by rotation, to represent the

Government to represent the interest, which in the opinion of the State Government District Committees in such manner as may be

ought to be represented. Member; prescribed by the State Government.

(e) five persons, as far as practicable being (b) One person to represent interests, which in the persons with disabilities to represent non- opinion of the State Government ought to be governmental organizations or associations represented;

which are concerned with disabilities, to be

nominated by the State Government, one (c) Five persons, as far as practicable, being persons from each area of disability, Members: with disabilities, to represent non-governmental organizations or associations which are concerned with

Provided that while nominating persons

under this clause, the State Government disabilities, one from each area of disability by

shall nominate at least one woman and one rotation:

person belonging to Scheduled Castes or Provided that the State Government shall ensure that all

Scheduled Tribes; types of disabilities are represented over the two tenures

(f) Joint Secretary dealing with the disability of the Committee;

division in the Department of Welfare, Member-Secretary, ex officio. Provided further that while nominating persons under this clause, the State Government shall nominate at least one

(3) Members nominated under clause (d) woman and one person belonging to Scheduled Castes or and clause (e) of sub-section (2) shall Scheduled Tribes;

receive such allowances as may be

prescribed by the State Government. (d) Secretary in charge of matters concerning disabilities of the State Government, Member-Secretary, ex officio.

(4) A Member nominated under clause (d) or clause (e) may at any time resign his office (3) Members nominated under clauses (a), (b) and (c) of sub-

by writing under his hand addressed to the section (2) (C) shall receive such allowances as may be State Government and the seat of the said

Member shall thereupon become vacant. prescribed by the State Government.

26

27

28

e) District level officers of Departments of the State Government concerned with disability,

f) Up to nine persons, as far as practicable being persons with disabilities, or representatives of Non-Government Organizations, or Associations concerned with disabilities to be nominated by the Chairperson of the District Committee, such that there is one member associated with each of the disabilities specified in Clause (i) of Section 2, and there are at least three women and one person each belonging to SC and ST.

g) District Welfare Officer,

(3) Nominated Members of the District-level Committee may receive such honorarium as may be prescribed by the State Government.

(4) A member nominated may resign at any time from his office by writing under his hand addressed to the Chairperson and the seat of the said member thereafter will become vacant.

(5) The District-level Committee on Disability will meet at least once in three months and shall transact its business in accordance with such procedure as may be prescribed.

(6) The District-level Committee on Disability shall perform the following function, namely:

(i) Monitor and ensure effective implementation of the provisions of the Act and policies and programmes for persons with disabilities;

(ii) review and coordinate the activities of all Governmental and non-Governmental Organizations at the District- level which are dealing with matters relating to persons with disabilities;

(iii) Perform such other functions as may be prescribed, or as the State Government may, from time to time, direct.

29

30

31

detection of disabilities

45 25. Appropriate Governments and local 25. Prevention of disabilities -

authorities to take certain steps for the prevention of occurrence of disabilities - Within the limits of their economic The appropriate Governments and the local authorities, with a

capacity and development, the view to preventing the occurrence of disabilities, shall -

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

(a) Undertake or cause to be and research concerning the cause of occurrence of disabilities; undertaken surveys, investigations and

research concerning the cause of

occurrence of disabilities;

(b) Promote various methods of (b) Promote various methods of preventing disabilities; preventing disabilities;

(c) Screen all the children at least once (c) Screen all the children at least once in a year for the purpose in a year for the purpose of identifying of identifying "at-risk" cases;

"at-risk" cases;

(d) Provide facilities for training to the (d) Provide facilities for training to the staff at the primary staff at the primary health centers; health centers;

(e) Sponsor or cause to be sponsored (e) Sponsor or cause to be sponsored awareness campaigns and awareness campaigns and is is disseminated or cause to be disseminated information for disseminated or cause to be general hygiene, health and sanitation; disseminated information for general

hygiene, health and sanitation;

(f) Take measures for pre-natal, (f) Take measures for pre-natal, parental and post-natal care of parental and post-natal care of mother mother and child;

and child;

(g) Educate the public through the pre- (g) Educate the public through the pre-schools, schools, schools, schools, primary health Primary Health Centers, village level workers and anganwadi Centers, village level workers and workers;

anganwadi workers;

32

(h) Create awareness amongst the (h) Create awareness amongst the masses through television, masses through television, radio and radio and other mass media on the causes of disabilities and the other mass media on the causes of preventive measures to be adopted.

disabilities and the preventive measures

to be adopted;

33

47 66. Appropriate Governments and 25-A : Rehabilitation.-

local authorities to undertake

rehabilitation.

(1) The appropriate Governments and (1) The appropriate Governments and local authorities shall the local authorities shall within the undertake or cause to be undertaken services and

limits of their economic capacity and programmes of rehabilitation, particularly in the areas of

development undertake or cause to be health, education and employment for all persons with

undertaken rehabilitation of all persons disabilities.

with disabilities.

(2) For purposes of sub-section (1), the (2) The above services and programmes shall be:-

appropriate Governments and local authorities shall grant financial (i) so designed as to begin at the earliest possible stage;

assistance to non-governmental (ii) based on a comprehensive assessment of individual

organizations. needs and strengths;

(iii) delivered as close to the residence of persons with disabilities as possible including in rural areas; and

(iv) involve family care givers and guardians of persons with disabilities, for which adequate training shall be provided.

(3) The appropriate Governments and (3) For purposes of sub-section (1), read with sub-section (2),

local authorities while formulating the appropriate Governments and local authorities shall, subject rehabilitation policies shall consult the to fulfillment of financial and other norms, and availability of non-governmental organizations budgetary allocation, grant financial assistance to non- working for the cause of persons with governmental organizations.

disabilities.

34

Aids & Appliances to Persons with (4) The appropriate Governments and local authorities, while Disabilities formulating rehabilitation policies, shall consult the non- governmental organizations working for the cause of persons

42. The appropriate Governments shall with disabilities. by notification make schemes to

provide aids and appliances to persons (5) Without prejudice to the generality of sub-section (1),

with disabilities. the appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities, specially those belonging to economically weaker sections.

35

36

37

professional education, the appropriate Governments shall-

(i) take necessary steps to ensure appropriate environment and facilities, including resource rooms in the campus of colleges and universities;

(ii) develop separate guidance, counseling and placement services in each district suitable to the needs of persons with disabilities.

51 27. Appropriate governments and 27. Education of children with learning disabilities local authorities to make schemes and

programmes for non-formal Appropriate Government shall take necessary steps to education, etc. ensure that :

The appropriate Governments and the (i) Learning disabilities in children are detected at the

local authorities shall by notification earliest;

make schemes for-

(a) Conducting part-time classes in (ii) Suitable pedagogical and other measures are taken so

respect of children with disabilities who that the child is enabled to overcome such disabilities at the

having completed education up to class earliest, and is able to fully develop its potential.

fifth and could not continue their studies on a whole-time basis; Explanation: For the purpose of this section,

(b) Conducting special part-time classes for "learning disability" means a disorder which affects the

providing functional literacy for children in child's ability to either interpret what he sees and hears, or

the age group of sixteen and above; to link information from different parts of the brain.

(c) Imparting non-formal education by Learning disability includes children with conditions

utilizing the available manpower in known as attention deficit disorder, dyslexia, dysgraphia,

rural areas after giving them appropriate dyscalculia and dyspraxia.

orientation;

38

39

53 29. Appropriate Governments to set 29. Appropriate Governments to set up teacher's training up teacher's training institutions to institutions to develop trained manpower for students with develop trained manpower for disabilities

schools for children with disabilities

The appropriate Governments shall set The appropriate Governments shall set up adequate number of up adequate number of teachers' teachers' training institutions and assist the national institutes, training institutions and assist the universities and other voluntary organizations to develop national institutes and other voluntary teachers' training programmes so that requisite trained

organizations to develop teachers' manpower is available for teaching students with

training programmes specializing in disabilities.

disabilities so that requisite trained human resource is available for special schools and integrated schools for children with disabilities.

40

41

mathematical questions for the benefit such other disabilities as the appropriate governments may

of blind students and students with low notify in this behalf so that students are enabled to attempt

vision; questions of mathematical nature;

(g) Restructuring of curriculum for the (g) Restructuring of curriculum for the benefit of children with benefit of children with disabilities; disabilities;

(h) Restructuring the curriculum for (h) Restructuring the curriculum and scheme of evaluation

benefit of students with hearing for the benefit of students with hearing impairment and

impairment to facilitate them to take such other disabilities as the appropriate government may

only one language as part of their notify in this behalf so that such students have an option to

curriculum. study only one language.

55 Section 31. Educational institutions to 31. Educational institutions to provide amanuensis to provide amanuensis to students with students with disabilities-

visual handicap

All educational institutions shall All educational institutions shall provide or cause to be provide or cause to be provided provided amanuensis to blind students, students with low amanuensis to blind students and vision and to students suffering from such other disabilities

students with or low vision. as the appropriate Government may notify in this behalf.

56 39. All educational institutions to 31 A: All educational institutions to reserve seats for reserve seats for persons with persons with disabilities -

disabilities

All Government educational institutions a) All Government educational institutions and educational and other educational institutions institutions receiving aid from the Government shall receiving aid from the Government reserve not less than three percent seats for persons with shall reserve not less than three per cent disabilities.

seat for persons with disabilities. (1) Notwithstanding anything contained in any other law for the time being in force, every educational institutions

42

recognized by a government, a statutory institution, or any other authority duly empowered in this behalf, shall reserve not less than 3% seats for persons with disabilities.

43

44

45

Provided that the appropriate (2) For the purposes of sub-section (1) the calculation of

Government may, having regard to the vacancies will be based on all the entry level posts in

type of work carried on in any various categories including in organized services, but the

department or establishment, by appointment of persons with disabilities will be in posts or

notification subject to such conditions, services identified as suitable for each type of disability in

if any, as may be specified in such such manner as may be prescribed.

notification, exempt any establishment from the provisions of this section. (3) Notwithstanding anything contained in sub-sections (1) and (2), appropriate government may also notify

percentage of reservation for each type of disability not

mentioned in sub-section (1), and shall fill by appointment

posts identified for those disabilities under Section 32, to

the extent of such reservation.

46

47

48

49

50

Provided also that the highest priority shall be accorded to creating barrier-free access in public buildings of the following kinds, namely:-

(a) educational institutions

(b) hospitals, primary health centres and other medical care and rehabilitation institutions

(c) railway stations, bus stands, ports and airports, and

(d) offices of Governments, local bodies and public utilities receiving large number of public visitors e.g. Police Station, Panchayats, Municipalities, Blocks, Tehsil, Districts offices, Courts etc.

(e) Places offering sports and recreational facilities like stadia, swimming pools, auditoria, cultural complexes, museum, libraries, etc.

(2) Appropriate Government and local bodies shall also frame rules and regulations under relevant laws to ensure that public buildings other than those under their ownership or possession also provide barrier free access to persons with disabilities within a reasonable time.

(3) Barrier-free access referred to in sub-sections (1) and (2) shall include:-

(a) ramps with railings,

(b) signage including those in Braille,

(c) Braille symbols and auditory signals in elevators and lifts,

(d) Toilets suitable for wheel-chair users, and

(e) Tactile flooring for the benefit of the visually impaired.

51

52

(3) Central Government will prescribe, through notification, standards for the accessibility of websites developed and maintained in the country and also ensure the enforcement of these standards so that these remain accessible to the persons with all types of disabilities

53

54

Institutions for Persons with Disabilities Disabilities

71 51. Registration of Institutions 51. Registration of Institutions for Persons with Disabilities

Save as otherwise provided under this Act, Save as otherwise provided under this Act, no person shall establish no person shall establish or maintain any or maintain any institution for persons with disabilities except in institution for persons with disabilities accordance with a certificate of registration issued in this behalf by except under in accordance with a the competent authority ;

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

Provided that a person maintaining an continue to maintain such institution for a period of six months from institution for persons with disabilities such commencement and if he has made an application for such immediately before the commencement of certificate under this section within the said period of six months, till this Act may continue to maintain such the disposal of such application;

institution for a period of six months from

such commencement and if he has made an Provided further that an institution for care of mentally ill

application for such certificate under this persons, which holds a valid licence under Section 8 of the

section within the said period of six months, till the disposal of such Mental Health Act, 1987, shall not be required to be registered

application. under this Act.

55

56

(3) No certificate of registration shall be (3) No certificate of registration shall be granted under sub-section granted under sub-section (2) unless the (2) unless the institution with respect to which an application has institution with respect to which an been made is in a position to provide such facilities and meet such

application has been made is in a minimum standards and norms for registration as may be

position to provide such facilities and prescribed.

maintain such standards as may be prescribed by the State Government.

(4) A certificate of registration granted (4) A certificate of registration granted under this section,- under this section,-

(a) Shall, unless revoked under section (a) shall, unless revoked under section 53, remain in force for such 53, remain in force for such period as period as may be prescribed by the State Government. may, be prescribed by, the State

Government.

(b) May be renewed from time to time (b) may be renewed from time to time for a like period; and for a like period; and

(c) Shall be in such form and shall be (c) shall be in such form and shall be subject to such conditions as subject to such conditions as may be may be prescribed by the State Government. Prescribed by the State Government

(5) An application for renewal of a (5) An application for renewal of a certificate of registration shall be certificate of registration shall be made made not less than sixty days before the period of validity. not less than sixty days before the

period of validity.

(6) The certificate of registration shall (6) The certificate of registration shall be displayed by the be displayed by the institution in a institution in a conspicuous place. conspicuous place.

(7) Every application made under sub-section (1) or (5) of this Section shall be disposed of by the Competent Authority within such period, as may be prescribed.

57

73 New Provision 53A. Punishment for contravention of Sections 44, 45, 46, 51 and 53 -

Any establishment, which contravenes the provisions of Sections 44, 45, 46, 51 and sub-section (4) of section 53, shall be punishable with fine which may extend to

Rs.20,000/- and with additional sum of upto Rs. 1,000/- per day for each day of continued contravention after the date of the original order imposing punishment of fine.

58

59

60

the Chief Commissioner with such officers and other employees as it thinks fit.

(5) The officers and employees provided (5) A person shall not be appointed as Chief

to the Chief Commissioner shall Commissioner unless he satisfies the following conditions:

discharge their functions under the general superintendence of the Chief Commissioner. (a) He has special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities; and

(b) On his selection for appointment as the Chief Commissioner, if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post.

(6) The salaries and allowances and (6) The salary and allowances payable to and other terms and other conditions of service of officers conditions of service (including pension, gratuity and other and employees provided to the Chief retirement benefits of the Chief Commissioner shall be such Commissioner shall be such as may be as may be prescribed by the Central Government:

prescribed by the Central Government.

(7) The Chief Commissioner may, by notice in writing under his hand, addressed to the Central Government, resign his post.

(8) Central Government may remove a person from the office of the Chief Commissioner, if that person:-

(a) becomes an un-discharged insolvent;

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

61

(c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

(d) has in the opinion of the Central Government, been rendered unfit to perform his functions as laid down in the Act, or has been guilty of serious default in the performance of such functions;

(e) has in the opinion of the Central Government, so abused the position of the Chief Commissioner as to render his continuance in office detrimental to the interest of persons with disability. Provided that no person shall be removed under this sub-section except after following such procedure, as may be prescribed.

(9) In the event of the post of Chief Commissioner falling vacant due to death, resignation or any other unforeseen circumstances, the Central Government may appoint an officer not below the rank of an Additional Secretary to the Government of India to perform the functions of the Chief Commissioner for a period not exceeding 6 months with effect from the date of occurrence of the vacancy, or until a regular Chief Commissioner is duly appointed, whichever is earlier.

(10) 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.

62

63

(f) present to the Central Government annually and at such other times as the Chief Commissioner may deem fit, reports upon the working of those safeguards;

(g) make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and all-round development of persons with disabilities; and

(h) discharge such other functions in relation to the protection, welfare and development and advancement of persons with disabilities as the Central Government may, subject to the provisions of any law made by Parliament, by notification specify.

(2) The Central Government shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(3) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Government of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

64

78 59. Chief Commissioner to look into 59. Chief Commissioner to look into complaints - complaints -

Without prejudice to the provisions of (1) Without prejudice to the provisions of section 58 of the Chief section 58 of the Chief Commissioner may Commissioner may of his own motion or on the application of any of his own motion or on the application of aggrieved person or otherwise look into complaints with respect to any aggrieved person or otherwise look into matters relating to -

complaints with respect to matters relating

to -

(a) deprivation of rights of persons with (a) deprivation of rights of persons with disabilities; disabilities;

(b) non-implementation of laws, rules, bye- (b) non-implementation of laws, rules, bye-laws, regulations, laws, regulations, executive orders, executive orders, guidelines or instructions made or issued by the guidelines or instructions made or issued by appropriate Governments and the local authorities for the welfare the appropriate Governments and the local and protection of rights of persons with disabilities, and take up the authorities for the welfare and protection of matter with the appropriate authorities. rights of persons with disabilities, and take

up the matter with the appropriate (2) Whenever the Chief Commissioner makes a

authorities. recommendation to an authority in pursuance of sub- section (1) above, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation:

Provided that where an authority does not accept a recommendation, he shall convey reasons for non- acceptance to the Chief Commissioner within the above period of three months, and shall also similarly inform the aggrieved person referred to in sub-section (1).

65

79 60. Appointment of Commissioners for 60. Appointment of Commissioners for Persons with persons with disabilities: Disabilities:

(1) Every State Government may, by (1) Every State Government may, by notification appoint a notification appoint a Commissioner for Commissioner for persons with disabilities, on full-time

persons with disabilities for the purpose basis, for the purposes of this Act; of this Act.

(2) A person shall not be qualified for (2) The Commissioner shall be appointed for a term of

appointment as a Commissioner unless he three years from the date on which he assumes office or till

has special knowledge or practical he attains the age of sixty five years, whichever is earlier;

experience in respect of matters relating to rehabilitation. Provided that, notwithstanding the completion of the term of three years, a Commissioner shall continue till his successor enters upon his office, subject to the former not

having attained the age of sixty five years.

(3) The salary and allowances payable to (3) A person shall not be appointed as Commissioner for

and other terms and conditions of service more than two terms;

(including pension gratuity and other retirement benefits) of the Commissioner shall be such as may be prescribed by the State Government.

(4) The State Government shall determine the (4) Subject to the provisions of sub-section (5) below,

nature and categories of officers and other qualification and experience for appointment as

employees required to assist the Commissioner for Persons with Disabilities shall be as

Commissioner in the discharge of his prescribed by the State Government.

functions and provide the Commissioner with such officers and other employees as it thinks fit.

66

(5) The officers and employees provided to (5) A person shall not be appointed as Commissioner

the Commissioner shall discharge their unless he satisfies the following conditions:

functions under the general superintendence of the Commissioner. (a) He has special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities; and

(b) On his selection for appointment as the Commissioner, if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post.

(6) The salaries and allowances and other (6) The salary and allowances payable to and other terms and conditions of service of officers and conditions of service (including pension gratuity and other employees provided to the Commissioner retirement benefits) of the Commissioner shall be such as may shall be such as may he prescribed by the be prescribed by the State Government. State Government.

(7) The Commissioner may, by notice in writing under his hand, addressed to the State Government, resign his post.

(8) State Government may remove a person from the office of the Commissioner, if that person:-

(a) becomes an un-discharged insolvent;

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

(c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude;

(d) has in the opinion of the Central Government, been rendered unfit to perform his functions as laid down in the Act, or has been guilty of serious default in the performance of such functions;

(e) has in the opinion of the State Government, so abused the position of the Commissioner as to render his continuance in office detrimental to the interest of persons with disability:

67

68

(b) monitor the utilization of funds disbursed (b) monitor the utilization of' funds disbursed by the State by the State Government; Government;

(c) take steps to safeguard the rights and (c) investigate and monitor all matters relating to the

facilities made available to persons with safeguards provided for persons with disabilities under this Act

disabilities; or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

(d) submit reports to the State Government (d) inquire into specific complaints with respect to the

on the implementation of the Act at such deprivation of rights and safeguards of persons with

intervals as that Government may prescribe disabilities;

and forward a copy thereof to the Chief Commissioner. (e) participate in and advise on the planning process for all- round development of persons with disabilities and to evaluate the progress of their development under the State Government;

(f) present to the State Government annually and at such other times as the Commissioner may deem fit, reports upon the working of those safeguards and forward a copy thereof to the Chief Commissioner;

(g) make in such reports recommendations as to the measures that should be taken by the State for the effective implementation of those safeguards and other measures for the protection, welfare and all-round development of persons with disabilities; and

(h) discharge such other functions in relation to the protection, welfare and development and advancement of persons with disabilities as the State Government may, subject to the provisions of any law made by Parliament, by notification specify.

(2) The State Government shall cause all such reports to be laid before Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

69

81. 62. Commissioner to look into 62. Commissioner to look into complaints with respect to complaints with respect to matters matters relating to deprivation of rights of persons with relating to deprivation of rights of disabilities -

persons with disabilities -

Without prejudice to the provisions of (1) Without prejudice to the provisions of section 61 the section 61 the Commissioner may of his Commissioner may of his own motion or on the application of own motion or on the application of any any aggrieved person or otherwise look into complaints with aggrieved person or otherwise look into respect to matters relating to - complaints with respect to matters

relating to -

(a) deprivation of rights of persons with (a) deprivation of rights of persons with disabilities; disabilities;

(b) non-implementation of laws, rules, (b) non-implementation of laws, rules, bye-laws, regulations, bye-laws, regulations, executive orders, executive orders, guidelines or instructions made or issued by guidelines or instructions made or issued the appropriate Governments and the local authorities for the by the appropriate Governments and the welfare and protection of rights of persons with disabilities. local authorities for the welfare and

protection of rights of persons with

disabilities. (2) Whenever the Commissioner makes a recommendation

to an authority in pursuance of sub-section (1) above, that

authority shall take necessary action on it, and inform the

Commissioner of the action taken within three months

from the date of receipt of the recommendation;

Provided that where an authority does not accept a

recommendation, he shall convey reasons for non-

acceptance to the Commissioner within the above period

of three months, and shall also similarly inform the

aggrieved person referred to in sub-section (1).

70

82 63. Authorities and officers to have 63. Chief Commissioner and Commissioners in States to certain powers of civil court - have certain powers of Civil Court -

The Chief Commissioner and the The Chief Commissioner and the Commissioners shall, for Commissioners shall, for the purpose of the purpose of discharging their functions under this Act, discharging their functions under this have the same powers as are vested in a court under the Code Act, have the same powers as are vested of Civil Procedure, 1908 while trying a suit, in respect of the in a court under the Code of Civil following matters, namely:-

Procedure, 1908 while trying a suit, in

respect of the following matters,

namely:-

(a) Summoning and enforcing the (a) summoning and enforcing the attendance of witnesses and

attendance of witnesses; … examining them on oath; ….

71

72

73

74

75

76

(viii) Five Members representing Members different types of disabilities, to be nominated by the Central Government, by rotation

(ix) A Chief Executive Officer to be Member- appointed by the Central Secretary, Government, who shall not be ex-officio below in rank to a Joint

Secretary to the Government of India

(2) The Governing Body shall meet as often as necessary, but at least once in every financial year.

(3) The Governing Body may associate with itself, in such manner and for such purpose as may be determined by regulations, any person whose assistance or advice it may desire for carrying out any of the objects of the Trust.

(4) Nominated members shall hold office for not more than three years.

(5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holds office.

(6) No person shall be nominated as a member if he/ she - a. is, or become, of unsound mind or is so declared by a competent court; or

b. is, or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or

c. is, or at any time has been, adjudicated as an insolvent

77

78

79

95 New Provision 68 I. Accounts & Audit:

(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Trust including the income and expenditure accounts in such form as the Central Government may prescribe and in accordance with such general direction as may be issued by that Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Trust 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 by the Trust to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and other person appointed by him in connection with the audit of the accounts of the Trust 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 accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Trust.

(4) The accounts of the Trust 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 forwarded annually to the Central Government, which shall cause the same to be laid before each House of Parliament.

80

81

82

103 New Provision 68Q. Power to make Regulation

(1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and rules generally to carry out the, purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the manner and purpose for which persons may be associated under sub-section(3) of section 68D.

(b) the time and place at which the Board shall meet under clause(2) of section 68D;

(c) the terms and conditions of service of the Chief Executive Officer, other officers and employees of the Fund under section 68G.

83

84

105 New Provision 70B. Recreation Facilities

(1) The appropriate Government and local authorities shall, within the limits of their economic capacity and development, promote development and utilization of creative, artistic and intellectual potential of persons with disabilities, not only for their own benefit, but also for the enrichment of society.

(2) Without prejudice to the generality of sub-section(1), the appropriate government and local authorities shall take necessary measures to:

(a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;

(b) ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities

(c) encourage the provision of appropriate instruction, training and resources;

(d) ensure that persons with disabilities have access to sporting, recreational and tourism venues;

(e) ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including activities in schools.

85

86

(2) In particular, and without prejudice (2) In particular, and without prejudice to the generality of the to the generality of the foregoing foregoing powers, such rules may provide for all or any of the powers, such rules may provide for all following matters, namely:-

or any of the following matters,

namely:-

(a)……….. (a)………..

(s).............. (s)..............

73.(2)(sa) the period within which an application made under sub-sections (1) and (5) of Section 52 shall be disposed off by the Competent Authority.

(t) ……….. (t) …….. (zh) ……… (zh) ………

(3) ……….. (3) ………..

(4) …………. (4) ………….

87