Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short title and commencement 2. Definitions CHAPTER 2 :- GUIDELINES FOR EVALUATION AND ASSESSMENT OF VARIOUS DISABILITIES 3. 3 4. Authorities to give Disability Certificate 5. 5 6. 6 CHAPTER 3 :- THE CENTRAL COORDINATION COMMITTEE 7. Nomination of State Government representatives by rotation 8. Membership Roll 9. Change of Address 10. Daily and Travelling Allowances 11. Notice of Meetings 12. Presiding Officer 13. Quorum 14. Minutes 15. Maintaining order at meeting 16. Business to be transacted at meeting 17. 17 18. Decision by majority 19. No proceeding to be invalid due to vacancy or any defect CHAPTER 4 :- THE CENTRAL EXECUTIVE COMMITTEE 20. Nomination of State Government representatives by rotation 21. Daily and Travelling Allowances 22. Notice of Meetings 23. Presiding Officer 24. Quorum 25. Minutes 26. Maintaining order at meeting 27. Business to be transacted at meeting 28. 28 29. Decision by majority 30. No proceeding to be invalid due to vacancy or any defect 3 1 . Manner and purpose of association of persons with Central Executive Committee 32. Fee for the associated person. 33. Tours by associated person 34. Associated person not to disclose any information 35. Duties and functions of the associated person CHAPTER 5 :- EMPLOYMENT 36. Computation of vacancies 37. Notification of vacancies to the Special Employment Exchanges 38. Form and manner of notification of vacancies 39. Time-limit for the notification of vacancies 40. Submission of returns 41. Form in which record to be kept by an employer CHAPTER 6 :- C H I E F COMMISSIONER FOR PERSONS WITH DISABILITIES 42. Procedure to be followed by Chief Commissioner 43. Salary and allowances of the Chief Commissioner 44. Submission of Report to Central Government 45. Submission of annual report Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 In exercise of the powers conferred by sub-sections ( I ) and (2) of Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (I of 1996), the Central Government hereby makes the following rules, namely :- CHAPTER 1 PRELIMINARY 1. Short title and commencement :- (1) These rules may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. (2) They shall come into force on date of their publication in the Official Gaze1tte. 2. Definitions :- In these rules unless the context otherwise requires- (a) "Act" means the Persons with Disabilties (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); (b) "Chairperson" means a Chairperson appointed under the Act; (c) "Vice-Chairperson" means a Vice-Chairperson appointed under the Act; (d) "Member" means a Member appointed under the Act; (e) "Member-Secretary" means a Member-Secretary appointed under the Act; (f) "Special Employment Exchange" means Special Employment Exchange, Special cell in normal Employment Exchange and such Employment Exchanges which are notified Special Employment Exchanges by notification in the Official Gazette; (g) "Year" means the financial year commencing on the first day of April. CHAPTER 2 GUIDELINES FOR EVALUATION AND ASSESSMENT OF VARIOUS DISABILITIES 3. 3 :- The general guidance for evaluation and assessment of various disabilities issued by the Government of India in the Ministry of Welfare, vide No. 4-2/83-HW. III dated the 6th August, 1986 and as may be amended from time to time, shall be followed for evaluation of various disabilities specified in Sections 2(h), (e), (1), (n), (o), (q), (r), (t) and (u) of the Act. 4. Authorities to give Disability Certificate :- (1) A Disability Certificate shall be issued by a Medical Board duly constituted by the Central and the State Government. (2) The State Government may constitute a Medical Board consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing locomotor/Visual including low vision/hearing and speech disability, mental retardation and leprosy cured, as the case may be. 5. 5 :- (1) The Medical Board shall, after due examination, give a permanent Disability Certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability. (2) The Medical Board shall indicate the period of validity in the certificate, in cases where there is any chance of variation in the degree of disability. (3) No refusal of Disability Certificate shall be made unless an opportunity is given to the applicant of being heard . (4) On representation by the applicant, the Medical Board may review its decision having regard to all the facts and circumstances of the case and pass such order in the matter as it thinks fit. 6. 6 :- The certificate issued by the Medical Board under Rule 5 shall make a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Government or Non-Governmental Organisations, subject to such conditions as the Central or the State Government may impose. CHAPTER 3 THE CENTRAL COORDINATION COMMITTEE 7. Nomination of State Government representatives by rotation :- The Central Government shall nominate four members-three from the State and one from the Union Territories under clause (/:) of sub-section (2) of Section 3 of the Act, by rotation, in such a manner so as to cover all the four regions of the country, every year. 8. Membership Roll :- The Member-Secretary shall keep a record of names of Members and their addresses. 9. Change of Address :- If a Member changes his address, he shall notify his new address to the Member-Secretary, who shall thereupon enter his new address, in the official records (but if he fails to notify his new address, the address in the official records shall for all purposes be treated as his correct address). 10. Daily and Travelling Allowances :- (1) Non-official members of the Central Coordination Committee, resident in Delhi, shall be paid an allowance of rupees seventy-five per day for each day of the actual meetings of the Central Coordination Committee . (2) Non-official members of the Central Coordination Committee, not resident in Delhi, shall be paid daily and travelling allowances for each day of the actual meetings at the highest rates admissible to a Grade I Officer of the Central Government : Provided that in case of a Member of Parliament who is also a Member of the Central Coordination Committee, the said daily and travelling allowances shall be paid at the rates admissible to him as Member of Parliament, when the Parliament is not in session and on production of a certificate by the Member that he has not drawn any such allowance for the same journey and halts from any other Government source. (3) An official member of the Central Coordination Committee shall be paid daily and travelling allowances, at the rates admissible under the relevant rules of the respective Government under whom he is serving on production of a certificate by him that he has not drawn any such allowance for the same journey and halts from any other Government source. 11. Notice of Meetings :- (1) The meetings of the Central Coordination Committee shall ordinarily be held in New Delhi on such dates as may be fixed by the Chairperson : Provided that it shall meet at least once in every six months. (2) The Chairperson shall, upon the written request of not less than ten members of the Central Coordination Committee, call a special meeting of the committee. (3) Fifteen clear days' notice of an ordinary meeting and five clear days' notice of a special meeting specifying the time and the place at which such meeting is to be held and the business to be transacted thereat, shall be given by Member-Secretary to the members. (4) Notice of a meeting may be given to the members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Chairperson, may, in the circumstances of the case thinks fit. (5) No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days' notice to the Member-Secretary, unless the Chairperson, in his discretion, permits him to do so. (6) (a) The Central Coordination Committee may adjourn its meetings from day to day or to any particular day. (b) Where a meeting of the Central Coordination Committee is adjourned from day to day, notice of such adjourned meeting shall be given to the members available at the place where the meeting which is adjourned if held by messenger and it shall not be necessary to give notice of the adjourned meeting to other members. (c) Where a meeting of the Central Coordination Committee is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all the members as provided in sub-rule (4) of this rule. 12. Presiding Officer :- The Chairperson shall preside at every meeting of the Board and in his absence, the Vice-Chairperson shall preside, but when both the Chairperson and the Vice-Chairperson are absent from any meeting, the members present shall elect one of the members to preside at the meeting. 13. Quorum :- (1) One-third of the total members shall form the quorum for anymeeting. (2) (a) If a meeting of the Central Coordination Committee cannot be held for want of quorum then, the meeting shall stand adjourned to the same day in the next week, at the same time and place, and if that day is a public holiday, to the next succeeding date which is not public holiday and at the same time and place. (b) Notice of the adjourned meeting shall be given to all the Members. (3) No quorum shall be necessary for the adjourned meeting. (4) No matter which had not been on the agenda of the ordinary or the special meeting, as the case may be, shall be discussed at adjourned meeting. (5)****** 14. Minutes :- (1)Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-Secretary. (2) The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting. (3) The proceedings shall be open to inspection by any member at the office of the Member-Secretary during office hours. 15. Maintaining order at meeting :- The presiding officer shall maintain order at the meeting. 16. Business to be transacted at meeting :- Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of Rule 11, shall be transacted at any meeting. 17. 17 :- (1) At any meeting business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer. (2) Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, the presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the Chairperson agrees, such a change shall take place. 18. Decision by majority :- All questions considered at a meeting of the committee shall be decided by a majority of voles of the members present and voting and in the event of equality of votes, the Chairperson, or in the absence of the Chairperson, the Vice-Chairperson or in the absence of both the Chairperson and the Vice-Chairperson, the member presiding at the meeting, as the case may be, shall have a second or casting vote. 19. No proceeding to be invalid due to vacancy or any defect :- N o proceeding of the Central Coordination Committee shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Committee. CHAPTER 4 THE CENTRAL EXECUTIVE COMMITTEE 20. Nomination of State Government representatives by rotation :- The Central Government shall nominate four members-three from the States and one from the Union Territories under clause (/i) of sub-section (2) of Section 9 of the Act, by rotation, in such a manner so as to cover all the four regions of the country, every year. 21. Daily and Travelling Allowances :- (1) Non-official members of the Central Executive Committee, resident in Delhi, shall be paid an allowance of rupees seventy-five per day for each day of the actual meetings of the Central Coordination Committee. (2) Non-official members of the Central Executive Committee, not resident in Delhi, shall be paid daily and travelling allowances for each day of the actual meetings at the highest rates admissible to a Grade I Officer of the Central Government. (3) Official members of the Central Executive Committee shall be paid daily and travelling allowances, at the rates admissible under the relevant rules of the respective Government under whom he is serving on production of a certificate by him that he has not drawn any such allowance for the same journey and halts from any other Government source. 22. Notice of Meetings :- (1) The meetings of the Central Executive Committee shall ordinarily be held in New Delhi on such dates as may be fixed by the Chairperson : Provided that it shall meet at least once in every three months. (2) The Chairperson shall, upon the written request of not less than ten members of the Central Executive Committee, call a special meeting of the Committee. (3) Fifteen clear days' notice of an ordinary meeting and five clear days' notice of a special meeting specifying the time and the place at which such meeting is to be held and the business to be transacted thereat, shall be given by the Member-Secretary to the members. (4) Notice of a meeting may be given to the members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Chairperson, may, in the circumstances of the case, thinks fit. (5) No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days' notice to the Member-Secretary, unless the Chairperson, in his discretion, permits him to do so. (6) (a) The Central Executive Committee may adjourn its meetings from day to day or to any particular day. (b) Where a meeting of the Central Executive Committee is adjourned from day to day, notice of such adjourned meeting shall be given to the members available at the place where the meeting which is adjourned if held, by messenger and it shall not be necessary to give notice of the adjourned meeting to other members. (c) Where a meeting of the Central Executive Committee is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all the members as provided in sub-rule (4) of this rule. 23. Presiding Officer :- The Chairperson shall preside at every meeting of the Board and in his absence, the members present shall elect one of the members to preside at that meeting. 24. Quorum :- (1) One-third of the total members shall form the quorum for any meeting. (2) (a) If a meeting of the Central Executive Committee cannot be held for want of quorum then, the meeting shall stand adjourned to the same day in the next week, at the same time and place, and if that day is a public holiday, to the next succeeding date which is not public holiday and at the same time and place. (b) Notice of the adjourned meeting shall be given to all the Members. 25. Minutes :- (1) Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be maintained for that purpose by the Member-Secretary. (2) The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting. (3) The proceedings shall be open to inspection by any member at the office of the Member-Secretary during office hours. 26. Maintaining order at meeting :- The presiding officer shall maintain order at the meeting. 27. Business to be transacted at meeting :- Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of Rule 22, shall be transacted at any meeting. 28. 28 :- (1) At any meeting business shall be transacted in the order in which it is entered in the agenda. (2) Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, the presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the Chairperson agrees, such a change shall take place. 29. Decision by majority :- All questions considered at a meeting of the committee shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson, or in the absence of Chairperson, the member presiding at the meeting, as the case may be, shall have a second or casting vote. 30. No proceeding to be invalid due to vacancy or any defect :- No proceeding of the Central Executive Committee shall be invalid b y reasons of existence of any vacancy in or any defect in the constitution of the committee. 31. Manner and purpose of association of persons with Central Executive Committee :- (1) The Central Executive Committee may invite any person to participate in the deliberations of its meetings, whose assistance or advice, is considered useful in performing any of its function, under the Act. (2) If the person associated with the Central Executive Committee under sub-rule (1) happens to be a non-official resident in Delhi, he shall be entitled to get an allowance of rupees seventy-five per day for each day of actual meeting of the Committee in which he is so associated. (3) If such a person is not resident in Delhi, he shall be paid daily and travelling allowances for each day of the actual meeting at the highest rates admissible to a Grade I Officer of the Central Government. (4) If such person is a government servant, or an employee in a government undertaking, he shall be entitled to travelling and daily allowances at the rates admissible under the relevant rules applicable to him on production of a certificate by him that he has not drawn any such allowance for the same journey and halts from any other Government source. 32. Fee for the associated person. :- Notwithstanding anything in Rule 31, the Central Executive Committee may pay the person associated with the committee, with the prior approval of the Central Government, such fees as the Central Government may determine depending on the nature of work assigned and the qualifications and experience of the associated person. 33. Tours by associated person :- The associated person may, with the prior approval of the Chairperson, undertake tours within the country for the performance of the duties entrusted to him by the Central Executive Committee and in respect of such tours he shall be entitled to travelling and daily allowances at the rates admissible to a Grade I Officer of the Central Government. 34. Associated person not to disclose any information :- T h e associated person shall not disclose any information either given by the Central Executive Committee or obtained during the performance of the duties assigned to him either from the Central Executive Committee or otherwise, to any person other than the Central Executive Committee without the written permission of the Chairperson of the committee. 35. Duties and functions of the associated person :- The associated person shall discharge such duties and perform such functions as are assigned to him, by the Central Executive Committee. CHAPTER 5 EMPLOYMENT 36. Computation of vacancies :- For the purpose of computation of vacancies for persons with disabilities in Group A, B, C and D posts, the manner of computation of vacancies shall be such as may be determined by the Government by instructions or orders in this regard. 37. Notification of vacancies to the Special Employment Exchanges :- (1) The following vacancies shall be notified to the Special Employment Exchanges, namely :- (a) Vacancies in posts of a technical and scientific nature carrying a basic pay of Rs 1400 or more per month occurring in establishments in respect of which the Central Government is the appropriate Government under the Act, and (b) Vacancies which an employer may desire to be circulated to the Special Employment Exchanges outside the State or Union Territory in which the establishment is situated, shall be notified to such Special Employment Exchanges as may be specified by the Central Government by notification in the Official Gazette, in this behalf. A copy of the notification of vacancies shall be sent to the Vocational Rehabilitation Centre for Handicapped concerned. (2) Vacancies other than those specified in sub-rule (1) shall be notified to the local Special Employment Exchange concerned. A copy of the notification of vacancies shall also be sent to the Vocational Rehabilitation Centre for Handicapped concerned. 38. Form and manner of notification of vacancies :- The vacancies shall be notified in writing to the Special Employment Exchange concerned, and the following particulars shall be furnished in respect of each type of vacancy, namely :- 1. Name and address of the employer; 2. Telephone number of the employer, if any; 3. Nature of vacancy- (a) Type of workers required (Designation) (b) (i) Description of duties; (ii) Physical requirements (i.e. job involves visual accuracy, frequent movement/walking, continuous long hours sitting, etc.) (c) Qualifications required- (i) Essential, (ii) Desirable (d) Age-limits, if any (e) Whether women are eligible? 4. Number of vacancies- Reserved for physically handicapped p e r s o n s ------------------------------------------------- Orthopaedically Visually Hearing Handicapped Handicapped Impairment (a) Regular (b) Temporary 5. Pay and allowances 6. Place of work (Name of town/village and district in which it is situated.) 7. Probable date by which the vacancy will be filled. 8. Particulars regarding interview/test of applicants- (a) Date of interview/test. (b) Time of interview/test. (c) Place of interview/test. (d) Designation and address of the person to whom applicants should report. 9. Any other relevant information- The vacancies shall be re- notified in writing to the concerned Special Employment Exchange if there is any change in the particulars already furnished to the Special Employment Exchange and Vocational Rehabilitation Centre tor Handicapped under this rule. 39. Time-limit for the notification of vacancies :- (1) Vacancies, required to be notified to the local Special Employment Exchange, shall be notified at least thirty days before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held. (2) Vacancies, required to be notified to the Special Employment Exchange notified under sub-rule (1) of Rule 37 shall be notified at least three weeks before the date on which applicants will be interviewed or tested where interviews or tests are held, or the date on which vacancies are intended to be filled, if no interviews or tests are held. (3) An employer shall furnish to the concerned Special Employment Exchange, the results of selection within fifteen days from the date of selection. 40. Submission of returns :- (1) An employer shall furnish to the local Special Employment Exchange quarterly returns in Form DPER-I and biennial returns in Form DPER-II, as may be amended from time to time. (2) Quarterly returns shall be furnished within thirty days of (he due dates, namely, 3isl March, 30th June, 30th September and 31 st December. (3) Biennial returns shall be furnished within thirty days of the due date as notified in the Official Gazette. 41. Form in which record to be kept by an employer :- An employer shall maintain the record of employees with disabilities in Form DPER III, as may be amended from time to time. CHAPTER 6 CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES 42. Procedure to be followed by Chief Commissioner :- (1) A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the Chief Commissioner for Persons with Disabilities or he sent by registered post addressed to the Chief Commissioner :- (a) The name, description and the address of the complainant; (b) The name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained; (c) The facts relating to complaint and when and where it arose; (d) Documents in support of the allegations contained in the complaint; (c) The relief which the complainant claims. (2) The Chief Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party/parties mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the Chief Commissioner. (3) On (he date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties or (heir agen(s to appear before the Chief Commissioner. (4) Where the complainant or his agen( fails to appear before the Chief Commissioner on such days, the Chief Commissioner may in his discretion either dismiss the complaint on default or decide it on merits. (5) Where the opposite party or his agent fails to appear on the date of hearing the Chief Commissioner may take such necessary action under Section 63 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party. (6) The Chief Commissioner may dispose of the complaint ex parte, if necessary. (7) The Chief Commissioner may on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint. (8) The complaint shall be decided, as far as possible, within a period of three months from the date of notice received by the opposite party. 43. Salary and allowances of the Chief Commissioner :- The Chief Commissioner for Persons with Disabilities shall be entitled to salary, allowances and other perquisites as are available to the Secretary to the Government of India. 44. Submission of Report to Central Government :- The Chief Commissioner shall submit report to the Central Government on the implementation of the Act at the interval of six months in such a manner that at least two reports are sent in one financial year. 45. Submission of annual report :- (1) The Chief Commissioner shall as soon as possible after the end of the financial year but not later than the 30th day of September in the next year ensuing prepare and submit to the Central Government an annual report giving a complete account of his activities during the said financial year. (2) In particular, the annual report referred to in sub-rule (1) shall contain information in respect of each of the following matters, namely :- (a) Names of officers, staff of the Board and a chart showing the organizational set-up; (b) The functions which the Chief Commissioner has been empowered under Sections 58 and 59 of the Act and the highlights of the performance in this regard; (c) The main recommendations made by the Chief Commissioner; (d) Progress made in the implementation of the Act Statewise; (e) Any other matter deemed appropriate for inclusion by the Chief Commissioner or specified by the Central Government from time to time.