Bare Act
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
1. Short title, extent and commencement
(1) This Act may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires,— (a) “appropriate Government” means,— (i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924, the Central Government; (ii) in relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority, otherwise than a Cantonment Board, the State Government; (iii) in respect of the Central Coordination Committee and the Central Executive Committee, the Central Government; (iv) in respect of the State Coordination Committee and the State Executive Committee, the State Government; (b) “blindness” refers to a condition where a person suffers from any of the following conditions, namely:— (i) total absence of sight; or (ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or (iii) limitation of the field of vision subtending an angle of 20 degree or worse; (c) “Central Coordination Committee” means the Central Coordination Committee constituted under sub-section (1) of section 3; (d) “Central Executive Committee” means the Central Executive Committee constituted under sub-section (1) of section 9; (e) “cerebral palsy” means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development; (f) “Chief Commissioner” means the Chief Commissioner appointed under sub-section (1) of section 57; (g) “Commissioner” means the Commissioner appointed under sub-section (1) of section 60; (h) “competent authority” means the authority appointed under section 50; (i) “disability” means— (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (vii) mental illness; (j) “employer” means,— (i) in relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, Head of the Department; and (ii) in relation to an establishment, the chief executive officer of that establishment; (k) “establishment” means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 617 of the Companies Act, 1956 and includes Departments of a Government; (l) “hearing impairment” means loss of sixty decibels or more in the better ear in the conversational range of frequencies; (m) “institution for persons with disabilities” means an institution for the reception, care, protection, education, training, rehabilitation or any other service of persons with disabilities; (n) “leprosy cured person” means any person who has been cured of leprosy but is suffering from— (i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; (ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity; (iii) extreme physical deformity as well as advanced age which prevents him from undertaking any gainful occupation; and the expression “leprosy cured” shall be construed accordingly; (o) “locomotor disability” means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy; (p) “medical authority” means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government; (q) “mental illness” means any mental disorder other than mental retardation; (r) “mental retardation” means a condition of arrested or incomplete development of mind of a person which is specially characterized by subnormality of intelligence; (s) “notification” means a notification published in the Official Gazette; (t) “person with disability” means a person suffering from not less than forty per cent. of any disability as certified by a medical authority; (u) “person with low vision” means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device; (v) “prescribed” means prescribed by rules made under this Act; (w) “rehabilitation” refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels; (x) “Special Employment Exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting— (i) persons who seek to engage employees from amongst the persons with disabilities; (ii) persons with disability who seek employment; (iii) vacancies to which persons with disability seeking employment may be appointed; (y) “State Coordination Committee” means the State Coordination Committee constituted under sub-section (1) of section 13; (z) “State Executive Committee” means the State Executive Committee constituted under sub-section (1) of section 19.
26. Appropriate Governments and local authorities to provide free education, etc., to children with disabilities
Appropriate Governments and local authorities shall (a) ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years; (b) endeavour to promote the integration of students with disabilities in the normal schools; (c) promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools; (d) endeavour to equip the special schools for children with disabilities with vocational training facilities.
27. Appropriate Governments and local authorities to make schemes and programmes for non-formal education, etc.
Appropriate Governments and local authorities shall by notification make schemes for (a) conducting part-time classes in respect of those children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis; (b) conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above; (c) imparting non-formal education by utilising the available manpower in rural areas after giving them appropriate orientation; (d) imparting education through open schools or open universities; (e) conducting class and discussions through interactive electronic or other media; (f) providing every child with a disability with free of cost special books and equipments needed for his education.
28. Research for designing and developing new assistive devices, teaching aids, etc.
The appropriate Government shall initiate or cause to be initiated research by official and non-governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.
29. Appropriate Governments to set up teachers' training institutions to develop requisite manpower
Appropriate Governments shall set up adequate number of teachers' training institutions and assist the national institutes and other voluntary organisations to develop teachers' training programmes specialised in their respective fields so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.
30. Appropriate Governments to prepare a comprehensive education scheme providing for transport facilities, supply of books, etc.
Without prejudice to the foregoing provisions, appropriate Government shall by notification prepare a comprehensive education scheme which shall make provision for (a) transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools; (b) the removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training; (c) the supply of books, uniforms and other materials to children with disabilities attending school; (d) the grant of scholarship to students with disabilities; (e) setting up of appropriate fora for the redressal of grievances of the parents regarding the placement of their children with disabilities; (f) suitable modification in the examination system to eliminate purely mathematical or arithmetic questions for the benefit of blind students and students with low vision; (g) restructuring of curriculum for the benefit of students with disabilities; (h) restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.
31. Educational institutions to provide writers to blind students
All educational institutions shall provide or cause to be provided writer to blind students and students with or low vision.
32. Identification of posts which can be reserved for persons with disabilities
Appropriate Governments shall (a) identify posts, in the establishments, which can be reserved for the persons with disability; (b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.
33. Reservation of posts
Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent. for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from— (1) blindness or low vision; (2) hearing impairment; and (3) locomotor disability or cerebral palsy, in the posts identified for each disability: Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
34. Special employment exchange
(1) The appropriate Government may, by notification, require that from such date as may be specified in such notification, every employer in any establishment shall furnish such information or return as may be specified in the notification in relation to vacancies in posts managed by him which are meant for persons with disability to such special employment exchange as may be prescribed, and the employer shall comply with such requisition. (2) The form in which and the intervals of time for which such information or return shall be furnished and the particulars which they shall contain shall be such as may be prescribed.
35. Power to inspect records or documents in the possession of any establishment
Any person authorised by the special employment exchange in writing, shall on production of such authorisation at any appropriate time and in any premises where he has reason to believe that records or documents of such establishments are kept, be entitled to inspect such records or documents and take copies or extracts therefrom and ask any question and obtain any information as may be necessary for ascertaining whether the provisions of this Act have been complied with.
36. Unfilled vacancies to be carried forward
Where in any recruitment year any vacancy under section 33 cannot be filled up due to non-availability of a suitable person with disability or for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the three categories and only when there is no person with disability available for the post in that year the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.
37. Maintenance of records by employers
(1) Every employer in an establishment shall maintain such record of persons with disability in relation to the post in such form and in such manner as may be prescribed by the appropriate Government. (2) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in this behalf by the appropriate Government by general or special order.
38. Schemes for ensuring employment of persons with disabilities
The appropriate Government and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for— (a) training and welfare of persons with disabilities; (b) the relaxation of upper age limit; (c) regulating the employment; (d) health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed; (e) the manner in which and the persons by whom the cost of operating the schemes shall be defrayed; and (f) constituting the responsible authority for the administration of the scheme.
39. All educational institutions to reserve seats for persons with disabilities
All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent. seat for persons with disabilities.
40. Vacancies for persons with disabilities in poverty alleviation schemes
The appropriate Government and local authorities shall reserve not less than three per cent. quota for persons with disabilities in all poverty alleviation schemes.
41. Incentives to employers to ensure employment for persons with disabilities
The appropriate Government and the local authorities shall, within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent. of their work force is composed of persons with disabilities.
42. Schemes for providing aids and appliances to persons with disabilities
The appropriate Government shall by notification make schemes to provide aids and appliances to persons with disabilities.
43. Schemes for preferential allotment of land for certain purposes
The appropriate Government and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates for— (a) house; (b) setting up business; (c) setting up of special recreation centres; (d) establishment of special schools; (e) establishment of research centres; (f) establishment of factories by entrepreneurs with disabilities.
44. Non-discrimination in transport
Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to— (a) adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons; (b) adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit wheel chair users to use them conveniently.
45. Non-discrimination on the road
The appropriate Governments and local authorities shall, within the limits of their economic capacity and development, provide for— (a) installation of audible signals at red lights in the public roads for the benefit of persons with visual handicap; (b) causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users; (c) engraving on the zebra crossing for the blind or for persons with low vision; (d) engraving on the edges of railway platforms for the blind or for persons with low vision; (e) devising appropriate symbols of disability; (f) warning signals at appropriate places.
46. Non-discrimination in built environment
The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for— (a) ramps in public buildings; (b) adaptation of toilets for wheel chair users; (c) braille symbols and auditory signals in elevators or lifts; (d) ramps in hospitals, primary health centres and other medical care and rehabilitation institutions.
47. Non-discrimination in Government employment
(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
48. Research
The appropriate Governments and local authorities shall promote and sponsor research in order to— (a) prevention of disability; (b) rehabilitation including community based rehabilitation; (c) development of assistive devices including their psycho-social aspects; (d) job identification; (e) on-site modifications in offices and factories.
49. Financial incentives to universities to enable them to undertake research
The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and non-governmental research units or institutions, for undertaking research in special education, rehabilitation and manpower development.
50. Competent authority
State Government may appoint such person as it may think fit to be the competent authority for the purposes of this Act.
51. No person to establish or maintain institution for persons with disabilities without a certificate of registration
Save as otherwise provided in this Act, no person shall establish or maintain any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority: Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this Act within the said period of six months, till the disposal of such application.
52. Certificate of registration
(1) Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government. (2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate the competent authority shall give an opportunity of being heard to the applicant and every order of refusal to such an applicant shall be communicated to the applicant in such manner as may be prescribed by the State Government. (3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and maintain such standards as may be prescribed by the State Government. (4) A certificate of registration granted under this section— (a) shall unless revoked under section 53 remain in force for such period as may be prescribed by the State Government; (b) may be renewed from time to time for a like period; and (c) shall be in such form and be subject to such conditions as may be prescribed by the State Government.
53. Revocation of certificate of registration
(1) If the competent authority has reason to believe that a certificate of registration granted under sub-section (2) of section 52 has been obtained by the holder of the certificate by fraud or misrepresentation of facts, or the holder of the certificate has contravened any of the provisions of this Act or rules made thereunder, then such certificate may, after making such inquiry as that authority thinks fit, by order, be revoked. Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not be revoked. (2) Where a certificate in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: Provided that where an appeal is filed under section 54 against the order of revocation, such institution shall cease to function— (a) where no appeal has been filed, immediately on the expiry of the period prescribed for the filing of such appeal, or (b) where such appeal has been filed, but the order of revocation has been confirmed, from the date of the order of the appeal. (3) On the revocation of a certificate in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation shall be— (a) restored to the custody of the parent, spouse or lawful guardian, as the case may be, or (b) transferred to any other institution specified by the competent authority. (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority. (5) An application for renewal of a certificate of registration shall be made not less than sixty days before the period of validity. (6) The certificate of registration shall be displayed by the institution at a conspicuous place.
54. Appeal
(1) Any person aggrieved by the decision of the competent authority refusing to grant a certificate or revoking a certificate may, within such period as may be prescribed by the State Government, appeal to such appellate authority as may be designated by the State Government. (2) The order of the appellate authority on such appeal shall be final.
55. Act not to apply to institutions established or maintained by the Central or State Government
Nothing contained in this Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.
56. Institution for persons with severe disabilities
(1) The appropriate Government may establish and maintain such institutions as it may think fit for the persons with severe disabilities. (2) Where the appropriate Government is of opinion that any institution other than an institution established under sub-section (1) is fit for the rehabilitation of the persons with severe disabilities, the Government may recognise such institution as an institution for persons with severe disabilities for the purposes of this Act: Provided that no institution shall be recognised under this section unless such institution has complied with the requirements of this Act and the rules made thereunder. (3) Each institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriate Government. (4) For the purposes of this section, "person with severe disability" means a person with eighty percent or more of one or more disabilities.
57. Appointment of Chief Commissioner for persons with disabilities
(1) The Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act. (2) A person shall not be qualified for appointment as the Chief Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner shall be such as may be prescribed by the Central Government. (4) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence of the Chief Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees provided to the Chief Commissioner shall be such as may be prescribed by the Central Government.
58. Functions of the Chief Commissioner
The Chief Commissioner shall— (a) coordinate the work of the Commissioners; (b) monitor the utilisation of funds disbursed by the Central Government; (c) take steps to safeguard the rights and facilities that are made available to persons with disabilities; (d) submit reports to the Central Government on the implementation of the Act at such intervals as that Government may prescribe.
59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities
Without prejudice to the provisions of section 58, the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to— (a) deprivation of rights of persons with disabilities; (b) non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities, and take up the matter with the appropriate authorities.
60. Appointment of Commissioners for persons with disabilities
(1) Every State Government may, by notification, appoint a Commissioner for persons with disabilities for the purposes of this Act. (2) A person shall not be qualified for appointment as a Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Commissioner shall be such as may be prescribed by the State Government. (4) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may be prescribed by the State Government.
61. Powers of the Commissioner
The Commissioner within the State shall— (a) coordinate with the departments of the State Government for the programmes and schemes for the benefit of persons with disabilities; (b) monitor the utilisation of funds disbursed by the State Government; (c) take steps to safeguard the rights and facilities that are made available to persons with disabilities; (d) submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.
62. Commissioner to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities
Without prejudice to the provisions of section 61, the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to— (a) deprivation of rights of persons with disabilities; (b) non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities, and take up the matter with the appropriate authorities.
63. Authorities and officers to have certain powers of civil court
(1) The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the Chief Commissioner and the Commissioners shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief Commissioner, the Commissioner, the competent authority shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
64. Annual report to be prepared by the Chief Commissioner
(1) The Chief Commissioner shall prepare in such form and at such time each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations made therein, the action taken or proposed to be taken in relation to such recommendations and the reasons for non-acceptance, if any, of any such recommendation or part thereof.
65. Annual report to be prepared by the Commissioner
(1) The Commissioner shall prepare in such form and at such time each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government. (2) The State Government shall cause the annual report to be laid before each House of the State Legislature along with the recommendations made therein, the action taken or proposed to be taken in relation to such recommendations and the reasons for non-acceptance, if any, of any such recommendation or part thereof.
66. Rehabilitation
(1) The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for the rehabilitation of all persons with disabilities. (2) For the purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-governmental organisations. (3) The appropriate Governments and local authorities, while formulating rehabilitation policies, shall consult the non-governmental organisations working for the cause of persons with disabilities.
67. Insurance scheme for employees
(1) The appropriate Government shall, by notification, frame an insurance scheme for the benefit of its employees with disabilities. (2) Notwithstanding anything contained in this section, the appropriate Government may, instead of framing an insurance scheme, frame an alternative security scheme for its employees with disabilities.
68. Unemployment allowance
The appropriate Governments shall, within the limits of their economic capacity and development, frame a scheme, by notification, for the payment of an unemployment allowance to persons with disabilities who are registered for more than two years with the special employment exchange and who are gainfully unemployed.
69. Punishment for fraudulently availing any benefit meant for persons with disabilities. Punishment for fraudulently availing any benefit meant for persons with disabilities
Whoever fraudulently avails or attempts to avail any benefit meant for persons with disabilities shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 20,000 or with both.
70. Chief Commissioner, Commissioners, officers and other staff to be public servants. Chief Commissioner, Commissioners, officers and other staff to be public servants
The Chief Commissioner, the Commissioners and other officers and staff provided to them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
71. Protection of action taken in good faith. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authorities or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.
72. Act to be in addition to and not in derogation of any other law. Act to be in addition to and not in derogation of any other law
The provisions of this Act, or the rules made thereunder shall be in addition to, and not in derogation of any other law for the time being in force or any rules, order or any instructions issued thereunder, enacted or issued for the benefit of persons with disabilities.
73. Power to make rules. Power to make rules
(1) The appropriate Government may, by notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) the manner in which a State Government or Union territory shall elect a person under clause (m) of sub-section (2) of section 3; (b) the allowances which the members shall receive under sub-section (7) of section 4; (c) the rules of procedure which the Central Coordination Committee shall follow in the conduct of their business in their meetings under section 7; (d) such other functions which the Central Coordination Committee may perform under clause (h) of sub-section (2) of section 8; (e) the manner in which a State Government or Union territory shall elect a person under clause (h) of sub-section (2) of section 9; (f) the allowances which the members shall receive under sub-section (3) of section 9; (g) the rules of procedure which the Central Executive Committee shall follow in the conduct of their business in their meetings under section 11; (h) the manner and purposes for which a person may be associated under sub-section (1) of section 12; (i) the fees and allowances which a person associated with the Central Executive Committee shall receive under sub-section (3) of section 12; (j) the allowances which the members shall receive under sub-section (7) of section 14; (k) the rules of procedure which the State Coordination Committee shall follow in the conduct of their business in their meetings under section 17; (l) such other functions which the State Coordination Committee may perform under clause (o) of sub-section (2) of section 18; (m) the allowances which the members shall receive under sub-section (3) of section 19; (n) the rules of procedure which the State Executive Committee shall follow in the conduct of their business in their meetings under section 21; (o) the manner and purposes for which a person may be associated under sub-section (1) of section 22; (p) the fees and allowances which a person associated with the State Executive Committee shall receive under sub-section (3) of section 22; (q) the information or return which the employer in every establishment shall furnish and the particulars relating to the employment exchange under sub-section (1) of section 34; (r) the form in which and the manner in which record shall be maintained by an employer under sub-section (1) of section 37; (s) the form in which and the manner in which application shall be made under sub-section (1) of section 52; (t) the manner in which the certificate of registration shall be issued under sub-section (2) of section 52; (u) the facilities or amenities which shall be ensured or provided under sub-section (3) of section 52; (v) the period for which the certificate of registration shall be valid under clause (a) of sub-section (4) of section 52; (w) the form in which and the conditions under which the certificate of registration shall be granted under clause (c) of sub-section (4) of section 52; (x) the period within which an appeal shall be made under sub-section (1) of section 54; (y) the manner in which an institution for persons with severe disabilities shall be maintained under sub-section (3) of section 56 and the conditions which shall be fulfilled; (z) the salary and allowances and other terms and conditions of service of the Chief Commissioner under sub-section (3) of section 57; (za) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 57; (zb) the proforma under which the Chief Commissioner will report to the Central Government under clause (d) of section 58; (zc) the salary, allowances and other terms and conditions of service of the Commissioner under sub-section (3) of section 60; (zd) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 60; (ze) the proforma under which the Commissioner will report to the State Government under clause (d) of section 61; (zf) the form in which and the time when the annual report shall be prepared under sub-section (1) of section 64; (zg) the form in which and the time when the annual report shall be prepared under sub-section (1) of section 65; (zh) any other matter which is required to be, or may be, prescribed. (3) Every notification made by the Central Government under the proviso to section 33, proviso to sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1) of section 38, section 42, section 43, section 67, section 68 and every rule made by it under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, notification or scheme, the rule, notification or scheme shall thereafter have effect only in such modified form; so, however, that any such modification shall be without prejudice to the validity of anything previously done under that rule, notification or scheme. (4) Every notification made by the State Government under the proviso to section 33, proviso to sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1) of section 38, section 42, section 43, section 67, section 68 and every rule made by it under sub-section (1), shall be laid, as soon as may be after it is made, before each House of the State Legislature, where it consists of two Houses, or where such State Legislature consists of one House, before that House.
74. Amendment of Act 39 of 1987. Amendment of Act 39 of 1987
In the Legal Services Authorities Act, 1987, in clause (d) of section 12, for the words "a person with disability" the following shall be substituted, namely:-- "a person with disability (as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995)".
PDF: pending for this language.