(14) Terms and conditions of service of Members. -

* Save as otherwise provided by or under this Act, a Member of a State Coordination Committee nominated under clause (f) or clause (h) of sub-section 13 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

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

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

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

* A casual vacancy in the State Coordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was nominated.

A Member nominated under clause (f) and clause (h) of sub-section (2) of Section 13 shall be eligible for renomination.

Members nominated under clause (f) and clause (h) of sub-section (2) of Section 13 shall receive such allowances as may be prescribed by the State Government.

(15) Disqualifications. -
* No person shall be a Member of the State Coordination Committee, who -

(a) is, or at any time, has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or

(b) is of unsound mind and stands so declared by a competent court, or

(c) is or has been convicted of an offence which in the opinion of the State Government involves moral turpitude, or

(d) is or at any time has been convicted of an offence under this Act, or

(e) has so abused, in the opinion of the State Government, his position as a member as to render his continuance in the State Coordination Committee detrimental to the interests of the general public.

* No order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.

* Notwithstanding anything contained in sub-section (1) or sub-section (6) of Section 14, a Member who has been removed under this section shall not be eligible for renomination as a member.

(16) Vacation of Seats. - If a Member of the State Coordination Committee becomes subject to any of the disqualifications specified in Section 15, his seat shall become vacant.

(17) Meetings of the State Coordination Committee: - The State Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

(18) Functions of the State Coordination Committee: -

* Subject to the provisions of this Act, the function of the State Coordination Committee shall be to serve as the state focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.

* In particular and without prejudice to the generality of the foregoing function the State Coordination Committee may, within the State perform all or any of the following functions, namely: -

(a) review and coordinate the activities of all the Departments of Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities;

* (Correction)

(a) Develop a national policy and a national plan for action to achieve equalisation and full participation of persons with disabilities.

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

* (Correction)

(b) Coordinate the activities of all governmental departments and other governmental agencies with regard to the matters relating to the persons with disabilities and review and monitor the progress made in the implementation of national policy and national plan of action as well as schemes to be notified and implemented by different departments under the Act.

(c) advise the State Government on the formulation of policies, programmes, legislation and projects with respect to disability;

* (Deleted) (c)

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

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

* (Deleted) (e)

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

* (Deleted) (f)

(g) to perform such other functions as may be prescribed by the State Government.

* (Correction)
(g) to perform such other functions as may be deemed necessary by the CCC

(19) State Executive Committee: -
* The State Government shall constitute a committee to be known as the State Executive Committee to perform the functions assigned to it under this Act.

* The State Executive Committee shall consist of -

(a) the Secretary, Department of Social Welfare, Chairperson, ex officio;

(b) the Commissioner, Member, ex officio;

(c) nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of Health, Finance, Rural Development, Education, Welfare, Personnel Public Grievances, Urban Affairs Labour and Employment, Science and Technology, Members, ex officio;

(d) one person o be nominated by the State Government to represent the interest, which in the opinion of the State Government ought to be represented, member;

(e) five persons, as far as practicable being persons with disabilities, to represent non-Governmental Organisations or associations which are concerned with disabilities, to be nominated by the State Government, one from each area of disability, members; Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

* (Correction)

(e) One representative from each of the disabilities enumerated in the Act in Section 2(1) and notified from time to time by the appropriate Governments,

preferably persons with disabilities to be nominated in accordance with the prescribed procedures. Provided that women with disabilities shall be ensured adequate representation under this clause. Provided further that in the case of mental retardation, mental illness, autism and multiple disabilities, if suitable persons belonging to these groups are not available to be nominated, parents / guardians of such persons may be nominated to represent them in CCC.

(f) Joint Secretary dealing with the disability division in the Department of Welfare, Member-Secretary, ex officio.

* (Correction)

(f) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the Disability Act, Member Secretary, ex officio.

* Members nominated under clause (d) and clause (e) of sub-section (2) shall receive such allowances as may be prescribed by the State Government.

* A Member nominated under clause (d) or clause (e) may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.

(20) Functions of the State Executive Committee: - * The State Executive Committee shall be the executive body of the State Coordination Committee and shall be responsible for carrying out the decisions of the State Coordination Committee. * Without prejudice to the provisions of sub-section (1), the State Executive Committee shall also perform such other functions as may be delegated to it by the State Coordination Committee.

(21) Meetings of the State Executive Committee: - The State Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business as its meetings as may be prescribed by the State Government.

(22) Temporary association of persons with State Executive Committee for particular purposes: -

* The State Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

* A person associated with the State Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.

* A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the State Government.

(23) Power to give directions: -
In the performance of its functions under this Act,-.

* the Central Coordination Committee shall be bound by such directions in writing, as the Central Government may give to it; and

* the State Coordination Committee shall be bound by such directions in writing, as the Central Coordination Committee or the State Government may give to it: Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Coordination Committee, the matter shall be referred to the Central Government for its decision.

* (Deleted) (23)
(23A)
* (Addition)

District Executive Committee

* Every State Government shall, by notification, constitute a body to be known as the District Executive Committee to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

* The District Executive Committee shall consist of -

(a) The District Collector / District Magistrate or the Deputy Commissioner as the case may be, Chairperson, ex-officio;

(b) The District Social Welfare Officer / District Rehabilitation Officer or any other equivalent officer responsible for disability issues, Member-Secretary, ex-officio;

(c) Four members, one representative each from the

(i) Districts medical and health services
(ii) District education office
(iii) District rural development agency and
(iv) District employment exchange

(d) The Chairperson of District Executive Committee may invite representatives from any other governmental agency to any meeting for the purposes of implementation of the provisions of the Act.

(23B)
* (Addition)
Functions of the District Executive Committee

* District Executive Committee shall be to serve as a District focal point for the implementation of the provisions of this act.

* Without prejudice to the provisions of sub-section (1) the DEC shall coordinate and monitor District level implementation of the provisions of the Act within the framework of National, State and Panchayat action plans on disability.

* Without prejudice to the provisions of the sub-section (1) that the DEC shall also perform such other functions as may be delegated to it by the State Executive Committee.

(23C)
* (Addition)
Meetings of the District Executive Committee

The District Executive Committee shall meet once in three months and shall observe such rules and procedures in regard to the business to be transacted at its meetings as may be prescribed by the State Government.

(24) Vacancies not to invalidate proceedings: -

No act or proceeding of the Central Coordination Committee, the Central Executive Committee, a State Coordination Committee or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

* (Addition)

No act or proceeding of the Central Coordination Committee, the Central Executive Committee, a State Coordination Committee or a State Executive Committee or District Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

(26) Appropriate Governments and local authorities to provide children with disabilities free education, etc. -

The appropriate Governments and local authorities shall -

* ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;

* endeavour to promote the integration of students with disabilities in the normal schools;

* 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;

* endeavour to equip the special schools for children with disabilities with vocational training facilities.

* (Correction)

(26) Right to Education

(1) Children with specified disabilities to have right to free education, etc. All children with any or more of the following disablities shall have the right to have access to free education in an appropriate environment till he/she obtains the age of 18 years:-

(i) Blindness

(ii) Low vision

(iii) Hearing impairment

(iv) Locomotor disability

(v) Mental Retardation

(vi) Multiple disability

(vii) Autism

(viii) Speech impairment

(ix) Cerebral Palsy

(1) In order to ensure the right of children with specified disabilities to free education in appropriate environment guaranteed under sub-section (1) the appropriate government and local authorities shall -

(2) Promote the integration of students with any of the specified disabilities in sub-section (1) in the normal schools. Promote setting of special schools both in Government and non-government sections for those in need of special education so as to ensure access to these schools for children with the aforesaid disabilities living in any part of the country.

(3) Endeavour to equip the special schools for children with disabilities with vocational facilities so as to make vocational training as an integral component of the special school curriculum.

* (Addition)

(26A) Reservation in Educational Institutions

(1) All Institutions run or aided by appropriate Governments including the private institutions which have received any kind of concessions or facilities from the appropriate governments or local authorities such as lands or concessional rates shall reserve not less than 4.5% seats for each of the course at all educational levels starting at pre-primary to senior secondary, vocational courses, graduation, post-graduation and other professional courses for persons with disabilities specified in section 26 of the Act to be distributed to the extent of 0.5% among each of the disabilities specified in the said section.

(2) In case of vacancy of seats due to non-availability of any of the disabilities in question, the same shall be transferred to the other disability groups.

* (Addition)

(26B) Reservation in Hostels

(1) Every hostel whether attached to an institution or not but is run or aided by appropriate governments or local authorities shall reserve not less than

4.5% seats for persons with disabilities specified in sub-section 26 to be distributed among each of the disability equally to the extent of 0.5%. (2) In case of vacancy of seats due to non-availability of any of the disabilities in question, the same shall be transferred to the other disability groups.

* (Addition)

(26C) Reservation in technical education programmes

(1) All technical educational institutions / programmes run or aided by Government or appropriate local authorities shall reserve not less than 4.5% seats for persons with disabilities specified in sub-section 26 to be distributed among each of the disability equally to the extend to 0.5%.

(2) In case of vacancy of seats due to non-availability of any of the disabilities in question, the same shall be transferred to the other disability groups.

* (Addition)

(26D) Non-discrimination in the area of sports and culture Non-discrimination in Sports and Cultural Activities

(1) No person shall be denied access to and participation in sports and cultural activities on the grounds of disability

. (2) The appropriate institutions run and aided by government or local authorities including the private institutions which have received any kind of concessions or facilities from the appropriate governments or local authorities such as lands or concessional rates shall provide all facilities for adaptation and making these sports and cultural events accessible for persons with disabilities.

* (Addition)

(26E) Reservation in Institutions of technical education

(1) Institutions of technical education run r aided by appropriate governments including the private institutions which have received any kind of concessions or facilities from the appropriate governments or local authorities such as lands on concessional rates shall reserve not less than 4.5% seats for each of the courses.

(2) In case of vacancy of seats due to non-availability of any of the disabilities in question, the same shall be transferred to the other disability groups.

* (Addition)

(26F) Denial of Admission in Schools

(1) No school shall deny admission to or compel withdrawal of a child on grounds of disability.

(2) Violation of the rights under sub-section (1) shall be sufficient reason for the State Commissioner to direct the appropriate Government or authority to withhold further grants to the school and withdrawal recognition on expiry of the current academic year.

(3) The right under sub-section (1) shall not be denied or restricted in any manner without evaluation of the capabilities of such child by qualified experts and sanction by the State Commissioners.

Provided that in the event of any denial or restriction being sanctioned under this sub-section, this shall not be given effect to until an appropriate placement is found for the child

* (Addition)

(26G) Rights of Parents

(1) Parents / guardian of persons with disabilities shall have the right to decide on the admission of his / her ward to appropriate educational programmes.

(2) Any parents having a grievance with regard to the placement of their ward in a school of educational programme may approach the District Executive Committee for redressal.

(3) Any parent / guardian aggrieved by the decision of the DEC may prefer an appeal against the order of DEC to the State Commissioner whose decision shall be final.

* (Addition)
(26H) Concessions, adaptations in curriculum and examination system

(1) All Universities, Boards of Education or similar authorities responsible for prescribing the criteria for admissions to various levels of education shall grant a relaxation of not less than 10% of marks for admission to a given course in favour of persons with disabilities.

(2) All Universities, Boards of Education or similar authorities responsible for prescribing and recognising the syllabus / curriculum, shall suitably modify or restructure the syllabus / curriculum keeping in view the limitations imposed by a particular disability on the basis of the recommendations made by an expert group comprising of representatives from disability NGOs as well to be constituted by each of such authorities.

Provided that in spite of any such restructuring, this provision shall not be treated as a bar for any persons with disability to opt for the main stream syllabus.

(3) All Universities, Boards of Education or similar authorities responsible for prescribing the examination and evaluation systems, shall make necessary modifications or adaptations in the examination and evaluation systems keeping in view the limitations imposed by a particular disability on the basis of the recommendations made by an expert group comprising of representatives from disability NGOs as well to be constituted by each of such authorities.

(4) All educational institutions /authorities responsible for conducting examinations / evaluations shall provide or cause to be provided amanuensis or any other alternative systems of taking examinations by persons with different disabilities such as students with blindness, low vision, deaf blindness, cerebral palsy, multiple disabilities or persons with any other type of disability, who are unable to write the examination by him / herself.

(27) Appropriate Governments and local authorities to make schemes and programmes for non-formal education, etc. -

The appropriate Governments and local authorities shall by notification make schemes for -

* conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;

* conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;

* imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;

* imparting education through open schools or open universities;

* conducting class and discussions through interactive electronic or other media;

* providing every child with disability free of cost special books and equipments needed for his education.

* (Addition) This section combines the provision of section 27 & 30

(27) Comprehensive and Inclusive Education Scheme

Without prejudice to the generality of foregoing provision, the appropriate government and local authorities hall, by notification, prepare a comprehensive and inclusive scheme compatible with the special needs of each disability group which makes provisions for -.

(i) Imparting non-formal education with adequate resource support by utilising the available manpower particularly in rural areas after giving them appropriate orientation.

(ii) inclusion of persons with disabilities in educational programmes of open schools, open universities, and all distance learning and correspondence courses.

(iii) The removal of architectural barriers from educational, vocational and professional training institutions.

(iv) Transport facilities or in the alternative transport subsidies to access to al forms of educational programmes.

(v) Supply of books and other educational materials in appropriate format, uniforms and other equipments necessary for making the education possible.

(vi) Grant of scholarship.

(28) Research for designing and developing new assistive devices, teaching aids, etc.

- The appropriate Governments shall initiate or cause to be initiated research by official and non-Governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

* (28) (Transferred) transferred to the chapter on Research & Development

* (Addition)

(28A) Relaxation in Conditions of Recognition

Every authority / agency responsible for granting recognition to educational institutions shall allow relaxation in conditions prescribed for recognition of a similar educational institution under some act or the rules.

(29) Appropriate Governments to set up teachers' training institutions to develop trained manpower for schools for children with disabilities. -

The appropriate Governments shall set up adequate number of teachers' training institutions and assist the national institutes and the voluntary organisations to develop teachers' training programmes specialising in disabilities 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, the appropriate Governments shall by notification prepare a comprehensive education scheme which shall make provision for-

* 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;

* the removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training;

* the supply of books, uniforms and other materials to children with disabilities attending school;

* the grant of scholarship to students with disabilities;

* setting up of appropriate fora for the redressal of grievances of parents regarding the placement of their children with disabilities;

suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision;

* restructuring of curriculum for the benefit of children with disabilities;

* restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.

* (Transferred - Section 30 incorporated within Section 27) (30)

(31) Educational institutions to provide amanuensis to students with visual handicap. - All educational institutions shall provide or cause to be provided amanuensis to blind students and students with low vision.

* (Deleted - This provision has been incorporated within S 26H)

(31)

* (Addition)

(31A) (1) No establishment of Central, State or Local Government shall discriminate any individual on the ground of disability in any matter relating to employment.

(2) any person with disability who is otherwise eligible for any vacancy sought to be filled up by any establishment whether government, public sector or private sector shall have substantive right to appear for selection and hold the post in question if selected.

(32) Identification of posts which can be reserved for persons with disabilities.

Appropriate Governments shall -

* identify posts, in the establishments, which can be reserved for the persons with disability;

* 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.

* (Correction - Original 32 is replaced by 32A & 32B)

(32A) Committee for Job Identification

Appropriate governments shall establish a committee for periodical identification of jobs, which can be performed by a category of persons with disability.

* (Correction - Original 32 is replaced by 32A & 32B)

(32B) Reserved Quota in Identified Jobs

The jobs so identified shall be utilised for absorption of the individuals appointed in any establishment against the quota of reservation for the specified categories of persons with disabilities in accordance with the provision of Section 33 of the act.

(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 -

* blindness or low vision;

* hearing impairment;

* 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 subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

* (Correction) (33) Reservation of posts every appropriate govt. shall year-mark in every establishment such percentage of posts - not less than 4% for the following class of persons with disabilities in the following manner.

(i) Person suffering from blindness - 15 of all categories of post.

(ii) Person suffering from hearing impairment - 1% of all categories of post.

(iii) Persons suffering from locomotor disability / or cerebral palsy - 1% of all categories of post.

(iv) Person suffering from mental retardation - 1% of all Group D Post, provided that the - Chief Central Executive Committee or the State Executive Committee as the case may be may, having regard to the type of work carried on in any department for establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

(34) Special Employment Exchange. -

* The appropriate Government may, by notification, require that from such date as may be specified, by notification, the employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with disability that have occurred or are about to occur in that establishment to such Special Employment Exchange as may be prescribed and the establishment shall thereupon comply with such requisition;

* The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed.

(35) Power to inspect record or document in possession of any establishment. -

Any person authorised by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possession of any establishment

and may enter at any reasonable time any premises where he believes such record or document to be, and inspect or take copies of relevant records or documents

or ask any question necessary for obtaining any information.

(36) Vacancies not filled up 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 can not be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

* (Correction)

(36) Selection Tests

(1) Every authority / agency responsible for the selection of incumbence to various posts in any appropriate government shall be obliged to either include the aoresaid classes of disabilities in their regular selection process or conduct special selection test depending on the nature of disabilities Where in any recruitment year, any vacancy reserved for the aforesaid classes of persons with disabilities can not be filled up due to non availability of a suitable person with disability in spite of the selection process having been under taken, such vacancy shall be carried forward to the succeeding recruitment year. In case, in the succeeding recruitment year also suitable person belonging to the said class of disability is not available, it may first be filled by inter change among the classes of persons with disabilities entitled for reservation. However, if even after carrying forward the vacancy and trying to interchange the same with other class of disabilities, the employer may apply to the Chief Commissioner for the disabled or State Commissioners for the disabled as the case may be, for the reservation of the given reservation, whose decision shall be final.

* (Correction)

(36A) Restrictions on Retrenchment

(1) Every establishment belonging to appropriate government shall be obliged not to include the disabled employee in any exercise of retrenchment or of declaring the staff surplus unless the establishment is wound up in accordance with law.

(2) In the event of closure / any establishment of appropriate government, the disabled employee of such establishment shall be entitled to re-employment in any other similar establishment of the respective appropriate government with the same employment benefits and as a continum of his / her earlier employment.

(3) In case any appropriate government finds it impossible to provide the alternative employment to the disabled employee in accordance with the provisions of sub section 2, it may apply to the chief Commissioner for the disabled or State Commissioners as the case may be, for exemptions - from the provisions of sub-section 2, provided that it shall be obligatory upon the respective appropriate government to pay double benefits to the disabled employee in respect of closure of such establishment.

(37) Employers to maintain records. - * Every employer shall maintain such record in relation to the person with disability employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.

* 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 general or special order by the appropriate Government.

(38) Schemes for ensuring employment of persons with disabilities. -

* The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for -

* (Correction)

The appropriate Governments and local authorities shall by notification formulate within a prescribed period schemes for ensuring employment of persons with disabilities, and such schemes may provide for -

* the training and welfare of persons with disabilities;

* the relaxation of upper age limit;

* regulating the employment;

* health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;

* the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and

* constituting the authority responsible 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 seats for persons with disabilities.

* (Correction)- A provision of similar nature has been incorporated as S 26 A in the Education chapter. The new section 39 is the same as section 47 of the parent statute.)

(39) 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.

* (Correction - A provision of similar nature has been incorporated as S 26 A in the Education chapter. The new section 39 is the same as section 47 of the parent statute.)

(39) 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.

(3) In case any appropriate government finds it impossible to provide the alternative employment to the disabled employee in accordance with the provisions of sub section 2, it may apply to the chief Commissioner for the disabled or State Commissioners as the case may be, for exemptions - from the provisions of sub-section 2, provided that it shall be obligatory upon the respective appropriate government to pay double benefits to the disabled employee in respect of closure of such establishment.

(40) Vacancies to be reserved in poverty alleviation schemes. -

The appropriate Governments and local authorities shall reserve not less than three per cent in all poverty alleviation schemes for the benefit of persons with disabilities.

(41) Incentives to employers to ensure five per cent of the work force is composed of persons with disabilities. -

The appropriate Governments and the local authorities shall, within the limits of the 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.

* (Addition)

(41A) Duty of Employees It shall be the duty of all employees in an establishment to enable unhindered performance of work responsibilities by persons with disability. Any infringement of this provision shall invite disciplinary proceedings.

(42) Aids and appliances to persons with disabilities. -

The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.
* (Correction)

(42) The appropriate Governments shall by notification make schemes to provide suitable aids and appliances with facilities for repair and maintenance to persons with disabilities.

(43) Schemes for preferential allotment of land for certain purposes. The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates of -

* house;

* setting up business;

* setting up of special recreation centres;

* establishment of special schools;

* establishment of research centres;

* establishment of factories by entrepreneurs with disabilities.

* (Correction)

(43) Schemes for preferential allotment of land for certain purposes. The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land or flats at concessional rates for residential purposes and schemes in favour of persons with disabilities and non-governmental organisations working for persons with disability for

(a) setting up business / industry;

(b) setting up of special recreation centres;

(c) establishment of special schools;

(d) establishment of research centres;

(e) establishment of factories by entrepreneurs with disabilities; establishment of workshops for rehabilitation, mobility and assistive devices.

* (Addition)

(43A) After the commencement of the Amending Act

(1) (a) all public carriage facilities by rail, road, water and air whether constructed or acquired shall be such as to enable easy access to persons with disability, including wheelchair users.

(b) Public conveniences including toilets in aircrafts airports, rail compartments, railway stations, ships, docks, piers, bus stands and other similar places shall be so built as to enable easy access to persons with disability including wheelchair users.

(2) It shall be the duty of all employees in an establishment or a facility open to the public to render such assistance to all persons with disability as would be necessary for them to have equal access to such establishment or facility.

(44) Non-discrimination in transport. -

* (Addition from Chapter VIII of parent Act)

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 -

* adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons;

* adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.

(45) Non-discrimination on the road. -

* (Addition from Chapter VIII of parent Act)

The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for -

* installation of auditory signals at red lights in the public roads for the benefit of persons with visual handicap;

* causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;;

* engraving on the surface of the zebra crossing for the blind or for persons with low vision;

* engraving on the edges of railway platforms for the blind or for persons with low vision;

* devising appropriate symbols of disability;

* warning signals at appropriate places.

* (Correction to 46 from Chapter VIII of parent Act)

(46) Access to Public Places

After the commencement of this Act all building plans formulated and construction undertaken of public buildings and other buildings intended to provide facilities to the public, including medical care institutions, police stations, courts, cinema halls, shopping arcades, markets and other places of public halt and private apartment houses shall have provision for

(a) ramps to ensure easy access by wheel chair users.

(b) toilets designed to ensure easy access by wheelchair users.

(c) braille symbols or auditory signal and emergency communication systems in elevators at levels accessible to wheelchair users.

* (Transferred as Section 39 to Employment Chapter)

(47)

* (New Chapter)

* (Addition)

(47D) Access to Health Services No person with Disability shall be denied access to health services programmes and for this purpose the appropriate governments shall take all necessary steps to make the hospitals, dispensaries and other places of providing health services accessible and barrier free. No Insurance Corporation shall refuse medical insurance to a person with disability only on the ground of disability and shall also not charge any extra premium from such person for granting coverage.

* (Addition)

(47E) Free Medical Care and Treatment

The appropriate shall prepare and implement scheme to ensure free medical care and treatment of persons suffering from any of the following disabilities.

(a) Filariasis

(b) Haemophilia

(c) Mental Illness

(d) Thalessimia

Providing in particular for regular treatment and medicines they may need to preserve or improve their level of functioning.

*(Addition)

(47F) Medical Reimbursements In case medical treatment or medicines is not made available to a person suffering from any of the aforesaid disabilities, under a government health scheme / service, such a person shall be entitled to reimbursement of the medical expense incurred by him.

Chapter VIII A - CARE AND PROTECTION OF PERSONS WITH DISABILITY

* (New Chapter)

* (Addition)

(47G) Care and Protection for persons with severe disability

(1) Person with severe disability shall have the right to special care and protection by the State in addition to the rights and entitlements provided to all persons with disability.

(2) The nutritional, medical and residential needs of persons with severe disability who do not have carers or who have carers with inadequate means or carers who are themselves infirm by reason of health or age shall be the joint and several responsibility of central and state governments and local authorities.

(3) The rights and responsibilities under this section shall be enforceable at law and the State shall be under a duty to designate an appropriate residential institution in respect of persons categorised under sub-section (2) in which the required facilities shall be made available to every such person. Provided that if required the spouse or carer of persons with severe disability shall be also entitled to avail of the residential facilities.

(4) The fiduciary responsibility of any hospital or institution on which persons with severe disability are dependent shall include the responsibility to procure the necessary medicine, deliver appropriate treatment or rehab services to such persons and to obtain on behalf of such persons, any reimbursement that may be available from the State.

(5) The provision of essential medicine and treatment shall not be made dependent upon state reimbursement.

(6) The State shall give to carers of persons with severe disability grants for

(a) adequate nutrition to be provided to persons with severe disability under their care;

(b) assistive devices; and

(c) home adaptations and alterations for the convenience of persons with severe disability.

* (Addition)

(47H) Rights of Children with Severe Disability

Children with severe disability shall in addition be provided with

(a) home-based stimulation programmes home-based educational and communication programmes to be offered through persons upon the Register of National Disability

Service or through other means;

(b) materials which assist in carrying out these programmes;

(c) appropriate therapy management; and

(d) appropriate and periodic assessment to promote opportunities for their development.

(1) The programmes, materials and facilities under sub-section (1) shall be made available also to such children with severe disability as may be in designated residential institutions.

(2) The State shall make provision for payment of transport expenses in relation to treatment care and participation of persons with severe disability in schemes and programmes undertaken for their benefit.

* (Addition)

(47I) Care and Protection for Children with disability

(1) Children with disability who are without carers shall have the right to special care and protection by the State. It shall be the joint and several responsibility of the central and state governments and local authorities to ensure that the nutritional, residential, medical and educational needs of such children are provided for.

(2) The rights and responsibilities under this section shall be enforceable at law and the State shall be under a duty to designate an appropriate residential institution in which the required facilities are made available to every such child.

(3) The residential institutions designated under sub-section (3) shall to the extent possible replicate a family environment within the institution.

* (Addition)

(47J) Care and Protection of Vulnerable Groups

(1) In addition to the general welfare responsibility of the State towards all persons with disability, the State shall have the responsibility for the special care and protection of:

(a) destitute persons with disability;

(b) aged person with disability without carers; and

(c) persons with mental retardation or multi-disability unable to look after themselves and without carers. It shall be the joint and several responsibility of the central and state governments and local authorities to ensure that the nutritional, residential, medical and educational needs of such children are provided for.

(2) The rights and responsibilities under this section shall be enforceable at law and the State shall be under a duty to designate an appropriate residential institution in respect of persons categorised under sub-section (1) in which the required facilities shall be made available to every such person. Provided that if required the spouses of aged persons with disability shall be also entitled to avail of the residential facilities.

(3) The central and state governments may give such financial assistance to institutions for persons with disability as is necessary to provide required facilities and maintain prescribed standards.

* (Addition)

(47K) Special Bank Accounts

(1) Parents and carers of children with disability and of any person with disability, may open special bank accounts to stand jointly in

(i) their name) in the name of children with disability or other persons with disability and

(iii) in the name of a next friend, to be designated by such parent or carer if the person with disability is not in a position to operate such account.

(2) In the event of the death of the parent or parents or carers concerned the account may be operated by the next friend so designated on trust for the child or such other person with disability.

(3) The central or state governments may designate a person whose name is entered upon the Register of National Disability Service to assist such next friend or person with disability.

*(S 48 & 49 of parent Act have been combined as 48)

* (Correction)

(48) Research priorities and financial incentives to Universities

(1) The appropriate Governments and local authorities shall have the obligation to promote and sponsor research on disability matters.

(2) For this purpose, the appropriate Governments and local authorities shall provide financial assistance to Universities, other institutions of higher learning, professional bodies and non-governmental research organisations or institutions for undertaking research in areas such as education, prevention, early detection and rehabilitation, vocational training, development of assistive devices and educational aids and any other aspect relating to promotion of equalisation and full participation of persons with disabilities

* (Correction - Transferred to S48. Instead S28 of the parent Act is being proposed as the new S49)

(49) Research for Designing and Developing New Assistive Devices, Teaching Aids, etc.

The appropriate Governments shall initiate or cause to be initiated research by official and non-governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

* (Addition)

(49A) Research Reports to Chief Commissioner / Commissioner

The heads of institutions that receive financial assistance and the vice chancellors of all universities shall annually forward to the Chief Commissioner and State Commissioner concerned a conspectus of the research promoted and assisted.

* Chapter X (Deleted)

(50) Competent authority. -

The State Government shall appoint any authority as it deems fit to be a competent authority for the purposes of this Act.

(51) No person to establish or maintain an institution for persons with disabilities except in accordance with a certificate of registration. -

Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.

(52) Certificate of registration. -

* Every application for a certificate of registration shall be made to the competent authority i such form and in such manner as may be prescribed by the State Government.

* 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 there under it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in such manner as may be prescribed by the State Government.

* 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.

* A certificate of registration granted under this section, -

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

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

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

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

* The certificate of registration shall be displayed by the institution in a conspicuous place.

(53) Revocation of certificate. -

* The competent authority may, if it has reasonable cause to believe that the holder of the certificate of registration granted under sub-section (2) of Section 52 has -

(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or

(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate: Provided that no such order shall 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.

* Where a certificate in respect of an institution has been revoked under sub-section (1), such institution shall cease
to function from the date of such revocation:

Provided that where an appeal lies under Section 54 against the order of revocation, such institution shall cease to function -
(a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal, or

(b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.

* On the revocation of a certificate in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be -

(a) restored to the custody of her or his parent, spouse or lawful guardian, as the case may be, or

(b) transferred to any other institution specified by the competent authority.

* Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.

(54) Appeal. -
* Any person aggrieved by the order of the competent authority refusing to grant a certificate or revoking a certificate may, within such period as may be prescribed by the State Government, prefer an appeal to that Government against such refusal or revocation.

* The order of the State Government 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.

* Chapter X A (New Chapter - Addition)

(55A) Options to Disabled / guardian Owner to register

(a) Where any person with disabilities has any undivided interest in a jointly owned property, he / she or his / her appointed guardian may apply to the District Judge for the registration of such a property with the Court of District Judge.

(b) Where any Property has been registered under sub-section (1), no one shall be competent to transfer such a property or any part thereto without the permission of District Judge.

(c) Any transfer made for violation of the Section shall be void.

(d) Notwithstanding anything contained to the contrary in any law for a time being in force, any transfer made for violation of the section shall be void.

Transfer Documents signed as Witness to be valid

(a) Where any person with disabilities has signed any document relating to transfer of any property either as a party to the transaction of transfer or as an evidence to such a transaction, the same shall be presumed o have been signed in such a capacity by a person with disability unless he / she deposes otherwise in the court.

(b) No transfer document shall be called in question by the other party on the ground of the signatures of any person with disability on the same.

Guardian not to deal with the Property without sanction of the Court

(a) Where any guardian has been appointed in respect of person or property of any person with disability, he / she will not be competent to transfer the property of such person with disability without the sanction of the Court of District Judge.

* Chapter XI

(Deleted - The provisions of this chapter have been appropriately incorporated in Chapter VIII A on Care & Protection of Persons with disability. This chapter is therefore deleted.)

(56) Institutions for persons with severe disabilities. -

* The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit.

* 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.

* Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriate Government.

* For the purposes of this section "person with severe disability" means a person with eighty per cent or more of one or more disabilities.

* Chapter XI A (Addition - New Chapter)

(56A) Central and State Funds for Social Security of Persons with Disability

(1) To augment resources for the social security of persons with disability for the purposes of this Act there shall be in the custody of the central government a Central Fund for Social Security of persons with disability and in the custody of each state government and union territory a State Food for Social Security of persons with disability.

(2) The Funds shall be constituted by:

(a) the proceeds of the cess for social security of persons with disability to be charged under section 56D.

(b) such further amounts that the central and the state governments as the case may be credit to the Fund.

(c) such contributions and grants as may be received from any corporate or natural person including any establishment covered under this Act or any other source whatsoever, and

(d) any fines required by this Act to be deposited in the Funds.

(e) Any unutilised allocated amounts against grants.

(f) one per cent of the amount awarded by Motor Accidents Claims Tribunal over and above the compensation awarded to the claimant in such cases where the accident has caused disability whether permanent or temporary.

(g) Ten per cent of the amount recovered by way of fine on account of violation of any industrial safety statutes rules regulations and administrative instructions.

(56B) Tax deduction on contributions to funds

A sum equal to one and one third times any contributions made towards the Funds shall be allowed as deduction from income chargeable to income tax as "profits and gains of business or profession" under section 28 of the Income Tax Act, 1961.

(56C) Classification of non-essential commodities liable to cause or aggrave disability

Non-essential commodities which are liable to cause or aggravate disability may be classified for the purposes of this Act as follows:

(a) goods or commodities which are liable to cause or aggravate disability in the course of their manufacture to be included in Schedule-A.

(b) goods or commodities which are liable to cause or aggravate disability in the course of their ordinary consumption or utilisation to be included in Schedule-B.

(c) goods or commodities which are liable to cause or aggravate disability in the course of their human consumption, to be included in Schedule-C.

(56D) Levy of Cess for Social Security of Persons with Disability

(1) To augment resources for the social security of persons with disability, there shall with effect from such date or dates as the central government may by notification appoint, there shall be levied a cess to be known as the cess for social security of persons with disability, a duty of excise on the manufacture and production of all goods or commodities as mentioned above and to be included in Schedules A, B and C at such rate or rates as may be specified for different goods or commodities or different classes thereof.

Provided that no such rate shall exceed 10 per cent of any excise duty on manufacture or production already being levied on the goods or commodities in question.

(2) Where the goods or commodities in question are subjected to a duty of excise under list II of the seventh schedule of the Constitution, the state government or the administration of the union territory shall collect and retain the cess levied under sub-section 1 for the purposes of this Act.

(3) Where goods or commodities comparable with any goods or commodities included in schedules A, B or C of this Act are imported into India, the central government shall impose a cess on the import of such goods or commodities equivalent to the cess if any levied under sub-section 1 on the comparable domestically produced goods or commodities.

(56E) Recovery as Land Revenue

(1) The chess under section 115 may be recovered by the government concerned as arrears of land revenue.

(2) The proceeds of the cess collected by the central government under section 115 (1) and (3) shall be credited to the Central Fund for Social Security of persons with disability and the proceeds of the cess collected by the statute governments under section 115 (2) shall be credited to the State Fund for Social Security of persons with disability.

(3) Notwithstanding sub-section (2) the central government may transfer part of the proceeds of the cess collected to the State Funds on the same principles as the apportionment of central excise duty to the states under article 272 of the Constitution.

(4) No part of the Central and State Funds for Social Security of persons with disability shall be applied to meet the collection of cost of the cess or the administrative expenses of the authorities established under this Act or any other administrative, audit or accounting, or land building or construction, or transport expenses that may be incurred in connection with social security or welfare of persons with disability.

(5) In the case of goods and commodities specified in Schedule A half of the amounts collected shall be reserved for the welfare of the workers engaged in the manufacture and production of the said goods or commodities. In case there already exists a welfare fund for the workers concerned the reserved amount shall be transferred to such fund. In case there is no such fund the central and state governments may by rules establish such welfare fund or funds and the amounts reserved in relation to such workers shall be transferred to the Fund or Funds so established.

(56F) Fines credited to State Fund

All fines imposed under this Act and under the Prevention of Food Adulteration Act 1954 shall be credited to the relevant State Fund for Social Security of persons with disability.

(56G) Audit

(1) The Central and State Funds for Social Security of persons with disability established under Section 56A and the workers welfare funds that may be established under section 56 E (5) shall be subject to annual audit by the Comptroller and Auditor General of India.

Provided that in the case of the workers welfare funds that may be established and any existing welfare funds to which transfers are made under section 116 (5) the audit may be done in such manner, on such conditions and by such auditor or auditors as the Comptroller and Auditor General of India may direct.

(2) The Comptroller and Auditor General of India and any person appointed in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor General of India has in connection with the audit of government accounts and in particular shall have the right to demand the protection of books, accounts connected vouchers and other documents and papers and the right of inspection.

(3) The Comptroller and Auditor General of India shall forward the annual audit reports under section 118 to the central and state governments as the case may be which shall respectively cause the same to be laid before each house of parliament and the State legislatures.

(The chapter was originally titled as "The Chief Commissioner and Commissioners for persons with 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.

*(Correction)

The Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities "in consultation with Disability NGO's" 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.

*(Correction)

A person shall not be qualified for appointment as the Chief Commissioner unless he has

(a) experience and expertise in technical aspects of service provision for persons with disability;

(b) experience and expertise in the formulation and implementation of strategies for employment of persons with disability; or

(c) juristic eminence and have made an acknowledged contribution in the field of disability rights or civil rights in general; or

(d) have made an acknowledged contribution in the field of disability rights and are persons with disability; or

(e) worked on the special problems of the families of persons with disability for at least period of ten years and are parents, preferably mothers of persons with disability with acknowledged public standing.

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 Commissioners 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.

*(Addition)

6A The Chief COmmissioner shall constitute committees on different subjects consisting of experts from the field to advise and assist him in the discharge of his functions.

(58) Functions of the Chief Commissioner

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 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.

*(Correction)

(58) Functions of the Chief Commissioner

(a) Coordinate the work of central government departments and agencies responsible for the implementations of the Act and receive reports from each of them at such intervals and in such form as may be prescribed.

(aa) coordinate the work of the Commissioners;

(a) monitor the utilisation of funds disbursed by the Central Government;

(b)safeguard the rights and facilities made available to persons with disabilities;

(c)

(d) of Parent Act Deleted

(dd ) - New clause - Act as conciliation officer for the adjudication of complaints of persons with disability.

(59) Chief commissioner to look into complaints with respect ot 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 -

* deprivation of rights of persons with disabilities;

* 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 appropriate authorities.

*(Correction)

(59) Chief commissioner to look into complaints with respect ot deprivation of rights of persons with disabilities

(1) The Chief Commissioner or Commissioner as the case maybe of his own notion or on the complaint of any aggrieved person or otherwise initiate conciliation proceedings with respect to:

(a) deprivation of rights of persons with disabilities and discrimination on the ground of disability.

(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.

(2) The Chief Commissioner or Commissioner as the case may be shall for bringing about a settlement investigate all matters affecting the merits and the rights settlement thereof and may do all as he thinks fit for the purpose of bringing about a fair and amicable settlement.

(3) If a settlement is reached in the conciliation proceedings the Chief Commissioner or the Commissioner shall send a report to Central Executive Committee or State Executive Committee respectively together with a memorandum of settlement signed by the concerned parties.

(4) If no such settlement is reached the Chief Commissioner or the Commissioners as the case may be shall within a period of thirty days send a full report to Central Executive Committee or State Executive Committee respectively setting forth the steps taken by him for bringing about a settlement there together with a full statement of such facts and circumstances and for reasons on account of which in his opinion a settlement could not be reached.

(5) The Chief Commissioner or the Commissioner as the case may be shall also intimate to the aggrieved party about the failure of conciliation proceedings alongwith a copy of the entire record of the conciliation proceedings.

(6) The aggrieved party or any other person, organisation acting on his belief may approach the Disability Anti-Discrimination Tribunal for adjudication of the matter within a period of sixty days of the receipt of the intimation under sub-section (5) of section 59.

(7) The Chief Commissioner or the Commissioner, as the case may be, may also approach Disability Anti-Discrimination Tribunal for the adjudication of any matter not settled through conciliation within a period of sixty days of the submission of the report under sub-section 4 of section 59.

(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.

*(Correction)

Every State Government may, by notification appoint a Commissioner for persons with disabilities in consultation with disability NGO's and non official members of SCC / SEC 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.

* (Correction)

A person shall not be qualified for appointment as the Chief Commissioner unless he has

(a) experience and expertise in technical aspects of service provision for persons with disability.

(b) experience and expertise in the formulation and implementation of strategies for employment of persons with disability; or

(c) juristic eminence and have made an acknowledged contribution in the field of disability rights or civil rights in general; or.

(d) have made an acknowledged contribution i the field of disability rights and are persons with disability; or.

(e) worked on the special problems of the families of persons with disability for at least period of ten years and are parents, preferably mothers of persons with disability with acknowledged public standard.

2 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.

3 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.

4 The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner.

5 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. 6A * (Addition) The Commissioner shall constitute committees on different subjects consisting of experts from the field to advise and assist him in the discharge of his functions.

6A * (Addition) The Commissioner shall constitute committees on different subjects consisting of experts from the field to advise and assist him in the discharge of his functions.

(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 step to safeguard the rights and facilities made available to persons with disabilities;

(d) submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.

* (Correction)

(61) Functions of the Commissioner

The Commissioner within the State shall

(a) Coordinate the work of Central Government Departments and agencies responsible for the implementation of the Act. (aa) 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 step to safeguard the rights and facilities made available to persons with disabilities;

(d) Deleted.

(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 -.

* deprivation of rights of persons with disabilities;

* 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.

* (Correction)

(62) (1) The Commissioner as the case maybe of his own notion or on the complaint of any aggrieved person or otherwise initiate conciliation proceedings with respect to:

(a) deprivation of rights of persons with disabilities; and discrimination on the ground of disability.

(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.

(2) The Commissioner as the case may be shall for bringing about a settlement investigate all matters affecting the merits and the rights settlement thereof and may do all as he thinks fit for the purpose of bringing about a fair and amicable settlement.

(3) If a settlement is reached in the conciliation proceedings the Commissioner shall send a report to Central Executive Committee or State Executive Committee respectively together with a memorandum of settlement signed by the concerned parties.

(4) If no such settlement is reached the Commissioners as the case may be shall within a period of thirty days send a full report to State Executive Committee respectively setting forth the steps taken by him for bringing about a settlement there together with a full statement of such facts and circumstances and for reasons on account of which in his opinion a settlement could not be reached.

(5) The Commissioner as the case may be shall also intimate to the aggrieved party about the failure of conciliation proceedings alongwith a copy of the entire record of the conciliation proceedings.

(6) The aggrieved party or any other person, organisation acting on his belief may approach the Disability Anti-Discrimination Tribunal for adjudication of the matter within a period of sixty days of the receipt of the intimation under sub-section (5) of section 59.

(7) The Commissioner, as the case may be, may also approach Disability Anti-Discrimination Tribunal for the adjudication of any matter not settled through conciliation within a period of sixty days of the submission of the report under sub-section 4 of section 59.

(63) Authorities and officers to have certain powers of civil court. -

* 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 (5 of 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 document;

(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.

* Every proceeding before the Chief Commissioner and Commissioners shall be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860) 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 (2 of 1974).

(64) Annual report to be prepared by the Chief Commissioner. -
* The Chief Commissioner shall prepare in such form and at such time for each financial year as my 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.

* The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendation explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.

(65) Annual reports to be prepared by the Commissioner. -
* The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government.

* The State Government shall cause the annual report to be laid before each State Legislature along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.

* (Addition)
(65A) Establishment of Disability Anti-Discrimination Tribunal

(1) The Central Government shall, by notification establish a D.A.T with one branch in every State and Union Territory to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

(2) Each such bench of the Tribunal shall consist of three members.

(3) Qualifications of members - A person shall not be qualified for appointment as member of the Tribunal unless he is a sitting judge of the High Court or is eligible for appointment as judge of the High Court.

(4) The salaries, service conditions and term of office shall be the same as those of a judge of the High Court.

* (Addition)
(65 B) Staff of Tribunal

(1) The appropriate Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.

* (Addition) (65 C)
The DAT shall exercise all the powers jurisdiction and authority exercisable by all courts (except the Supreme Court) in relation to: (a) deprivation of rights of persons and discrimination on the ground of disability; (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.

* (Addition) (65 D)
Procedures and Powers Tribunal

(1) The Tribunal shall not be bound by the procedure laid down in the Code of VCivil Procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or private.

(2) The Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and [after hearing such oral arguments as may be advanced]..

(3) The Tribunal shall have for the purposes of discharging its functions under this Act, the same powers as are vested in a Civil 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 any person and examining him on oath;

(b) Requiring the discovery and production of documents;

(c) Receiving evidence on affidavits;

(d) Subject to the provisions of sections 123 and 125 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record

or document from any office;

(e) Issuing commissions for the examination of witness or, documents;

(f) Reviewing its decisions;

(g) Dismissing a representation for default or deciding it ex parte;

(h) Setting aside any order of dismissal of any representation for default or any order passed by it ex prate; and

(i) Any other matters which may be prescribed by the Central Government.

And of these members shall be designated as the Chairperson of such Tribunal.

* (Addition)

(65 E) Execution of orders of Tribunal

The order of Tribunal finally disposing of any petition before it shall not be called in question i any court (including a High Court) and shall be executed in the same manner as any order of a Court.

* (Addition)
(65 F)
Proceedings before a Tribunal to be judicial proceedings - All proceedings before a Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code.

* For the sake of composite organisation this chapter should come after Chapter VII. However the same is not being done at present for the sake of clarity at the consultations.

(66) Appropriate Governments and local authorities to undertake rehabilitation. -

* The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities.

* For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-Governmental Organisations.

* The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities.

* (66) (Transferred) S 66 has been transferred and incorporated as S 25 A of Chapter IV.

* (Addition)

(66 A) Insurance Scheme for Persons with Disabilities

(1) The appropriate Government and local authorities shall frame and notify insurance schemes for the benefit of persons with disabilities.

(2) The appropriate Government and local authorities shall also frame and notify other schemes for social security measures for the benefit of persons with disabilities.

(67) Insurance scheme for employees with disabilities. -

* The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.

* 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 Government shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not be placed in any gainful occupation.

* (68) (Correction)

The appropriate Government shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment

allowance to persons with disabilities registered with the 68 Amendments suggested: "Employment Exchanges including Special Employment Exchange for more than two years and who could not be placed in any gainful occupation.

(68 A) Violation of Directions for modifications of design

(Addition)

Whenever any direction issued by the appropriate governments under section are infringed the appropriate governments shall cause the modification of the design to be carried out by its agencies and shall recover the cost of such modification from the offender.

Provided that in case such a modification is not possible to be carried out by the agencies of the government, the production and use of such products, or equipments shall not be permitted till the directions are carried out.

* (68 B) Violation of the provision of Chapter IV

(Addition)

Whoever does any act in violation of the provisions of Chapter IV of the Act or fails to discharge the duties laid down thereunder shall be liable to pay compensation to any such person who acquires disability as a result of such omission or commission.

* (Addition) (68 C)

Tacit hypothecations

(1) In the case of any disability resulting from or in relation to a movable property there shall be in the case of a claimant with a prima facie case a right to arrest the property on the basis of a tacit hypothecation or lien to the extent of the claim attached to the property which shall be deemed to have come into existence from the moment of the creation of such claim.

(2) The tacit hypothecation or lien created by sub-section (1) shall be confined to the property by which the damage or injury was caused and may be enforced against the property in question in the hands of an innocent purchaser or whosoever possession it may pass.

(3) In all claims to enforce tacit hypothecation or lien specified in sub-section (1) interest until payment shall be allowed as part of the damages which may be recovered against the property in question.

(4) The tacit hypothecation or lien undo this section shall arise by operation of law and shall not depend upon any express agreement of the parties.

(5) The tacit hypothecation or lien under this section and the procedure provided by it shall be in addition to and without prejudice to any provision for attachment under the code of civil procedure 1908.

* (Addition)

(68 D) Interim Compensation

(1) In the case of any claim arising on account of disability, where it appears to the court or tribunal that there is a prima facie case the court or tribunal shall pass interim orders directing the defendant or defendants to pay to the claimant such amount or amounts as in the opinion of the court or tribunal corresponds to the compensation that is likely to become payable to the claimant on final judgement. Provided that the court or tribunal may require such amount to be deposited with it by the defendant or defendants and the court or tribunal may from time to time release such of the amount as it deems equitable.

Provided further that the court or tribunal may require such guarantees from the claimant or any person on behalf of the claimant as it may consider necessary.

(2) The orders made under sub-section (1) shall be in addition-to and without prejudice to criminal liability provisions or any provision in the Public Liability Insurance Act of 1991 and to any principle or provision regarding no-fault liability in that Act or in any other Act.

* (Addition) (68 E)
Principles of Compensation

(1) Where any compensation has to be awarded on occurrence of the minimum compensation to be awarded shall be based upon the national per capita income if the computation on such basis is higher than any computation based upon the assumed earning capacity of the person injured.

(2) The compensation payable shall be enhanced by the cost of hospital, nursing and other medical expenditure necessitated or likely to be necessitated by the injury caused.

(68 E) Limitation to run from knowledge of disability

(1) In all actions, in any court or tribunal in respect of disability caused the limitation period shall run from the knowledge of the disability or its gravity on the part of the person affected or, if such person is not in a position to exercise judgement, on the part of the next friend of such person.

Provided that if in the case of a person not in a position to exercise judgement, a next friend fails to initiate action within the specified period, the person with disability may do so within five years of recovering the ability to exercise judgement.

(2) If it is found subsequent to a litigation in which there has been a judgement or compromise that a particular disability was not covered in the plaint or in the judgement or compromise because it had not manifested itself or had not been identified earlier, although it was attributable to the same event or incident which gave rise to the litigation, a fresh suit may be filed including suits against the same defendants within five years of the discovery or knowledge of the disability not earlier provided for.

(3) In case the judgement or compromise in the previous litigation included provision for future manifestations of injury, a fresh suit shall not lie under sub-section (1) unless: (a) the specific disability subsequently manifested could not have been in contemplation of the parties at the time of the earlier litigation; or (b) the future provision made in the previous judgement or compromise could not have taken account of the severity of the disability subsequently manifested.

(4) Nothing in the Code of Civil Procedure 1908 or in any other law, whether 1908 or in any other law, whether general or special, shall prevent suits under this section by persons with disability if these are filed within the limitation period specified under sub sections (1) (2).

* (68 F) Waiver of limitation on equitable grounds

(Addition)

Where it appears to the court or tribunal in an action by a person with disability or on behalf of such person for compensation in relation to disability filed after the period of limitation specified under this Act, the Limitation Act 1963 or any other law, that it would be equitable to allow such action to proceed the court may make an order to this effect.

* (68 G) Consequences of discrimination

(Addition)

Whenever any public servant is found to be guilty of discriminating against any person on the ground of disability or denying the rights or entitlements granted under this Act shall be recommended to be transferred by the Chief Commissioner or Commissioner outside the station of current posting.

* (68 H) Discrimination by Private Persons
(Addition)

If any person other than a public servant discriminates against a person with disability, such a person shall be punishable with a minimum fine of rupees five thousands for the first default committed. And a minimum fine of rupees ten thousand for any subsequent default.

* (68 I) Failure to notify Scheme

(Addition)

In case any Ministry, department agency of the appropriate government jails to notify any scheme as required by the provisions of the Act within the prescribed period, the Chief Commissioner or the Commissioner as the case may be shall impose a fine of rupees five thousand per day to be credited the Fund established under section a direction to the department to notify such scheme within the extended period.

* (68 J) Failure to follow direction order of Commissioner
(Addition)

Whenever any direction or order of the Chief Commissioner or Commissioner as the case may be is not complied with, the Chief Commissioner or Commissioner may impose such fines as deemed fit in the circumstances of the case.

* (68 K) Punishment for using persons with disability for begging
(Addition)

Any person who acting as a contractor or sub-contractor or middle man or under any other nomenclature utilises for personal advantage persons with disability for begging shall be punishable with imprisonment extending upto two years or fine extending upto rupees twenty thousand or both.

* (68 L) Punishment for fraudulently availing any benefit meant for persons with disabilities
(Addition)

(69) 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 twenty thousand rupees or with both

* (Transferred) Transferred to Chapter on Offences and Penalties as S 68 L.

(70) Chief Commissioners, 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 the public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).

(71) protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.

(72) 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.

* (Addition)

(72 A) Overriding Effect

(1) No person at present receiving any benefit or care on account of any disability, handicap or impairment shall be deprived of such benefit or care merely on the ground of the enforcement of this Act.

(2) Nothing in this Act shall be construed as preventing any state legislature from providing by legislation or otherwise for any right, protection or benefit equivalent to in addition to, or greater than those provided under this Act to persons with disability.

(3) Subject to sub-sections (1) and (2) this Act shall prevail over any other provisions in any law that may be repugnant to it..

(73) Power of appropriate Government to make rules. -

* The appropriate Government may, by notification, make rules for carrying out the provisions of this Act.

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

(a) the manner in which a State Government or a Union territory shall be chosen under clause (k) of sub-section (2) of Section 3;

(b) allowances which members shall receive under sub-section (7) of Section 4;

(c) rules of procedure which the Central Coordination Committee shall observe in regard to the transaction of business in its meetings under Section 7;

(d) such other functions which the Central Coordination Committee may perform under clause (h) of sub-section (2) of Section 8;

(e) the manner in which a State Government or a Union territory shall be chosen under clause (h) of sub-section (2) of Section 9;

(f) the allowances which the Members shall receive under sub-section (3) of Section 9;

(g) rules of procedure which the Central Executive Committee shall observe in regard to transaction of business at its meetings under Section 11;

(h) the manner and purposes for which a person may be associated under sub-section (1) of Section 12;

(i) fees and allowances which a person associated with the Central Executive Committee shall receive under sub-section (3) OF Section 12;

(j) allowances which members shall receive under sub-section (7) of Section 14;

(k) rules of procedure which a State Coordination Committee shall observe in regard to transaction of business in its meetings under Section 17;

(l) such other functions which a State Coordination Committee may perform under clause (g) of sub-section (2) of Section 18;

(m) the allowances which Members shall receive under sub-section (3) of Section 19;

(n) rules of procedure which a State Executive Committee shall observe i regard to transaction of business at its meetings under Section 21;

(o) the manner and purposes for which a person may be associated under sub-section (1) of Section 22;

(p) fees and allowances which a person associated with the State Executive Committee may receive under sub-section (3) of Section 22;

(q) information or return which the employer in every establishment should furnish and the Special Employment Exchange to which such information or return shall be furnished under sub-section (1) of Section 34;

(r) the form and manner in which an application shall be made under sub-section (1) of Section 52;

(s) the form and manner in which an application shall be made under sub-section (1) of Section 52;

(t) the manner in which an order of refusal shall be communicated under sub-section (2) of Section 52;

(u) facilities or standards required to be provided or maintained under sub-section (3) of Section 52;

(v) the period for which a certificate of registration shall be valid under clause (a) of sub-section (4) of Section 52;

(w) the form in which and conditions subject to which a certificate of registration shall be granted under clause (c) of sub-section (4) of Section 52;

(x) period within which an appeal shall lie under sub-section (1) of Section 54;

(y) the manner in which an institution for persons with severe disabilities shall be maintained and conditions which have to be satisfied under sub-section (3) of Section 60;

(z) the salary, allowances and other terms and conditions of service of officers and employees under sub-section (6) of Section 57;

(za) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of Section 57;

(zb) intervals at which the Chief Commissioner shall report to the Central Government under clause (d) of Section 58;

(zc) the salary, allowances and other terms and conditions of service of the Commissioner under sub-section (3) of Section 60;

(zd) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of Section 60;

(ze) intervals within which the Commissioner shall report to the State Government under clause (d) of Section 61;

(zf) the form and time in which annual report shall be prepared under sub-section (1) of Section 64;

(zg) the form and time in which annual report shall be prepared under sub-section (1) of Section 65; (zh) any other matter which is required to be or may be prescribed;

* 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 State Legislature, where it consists of two Houses or where such legislature consists of one House before that House .

(74) Amendment of Act 39 of 1987. - In section 12 of the Legal Services Act, 1987, for clause (d), the following clause shall be substituted, namely: -

"(d) a person with disability as defined in clause (i) of Section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995".

ELIGIBILITIES

The persons who are affected by bilateral poliomyelitis (Lower limbs) and whose family income does not exceed Rs.2500 per month are eligible for availing assistance. The person who have already availed this tricycle under this scheme can apply for a new one after 5 years.

PROCEDURE FOR APPLYING

The applicant should apply in a white paper mentioning "Application for Tricycle" and this should be sent addressed to the "District Rehabilitation Officer, Palayamkottai, Tirunelveli" along with a Xerox copy of the Ration Card.

METHOD OF SELECTION

A committee of medical experts will directly examine the applicant and provide the tricycle. This method of selection is done once (or) twice in a year.

Those who are availing a financial assistance of Rs.100/- per month from District Rehabilitation Office will be considered for granting tricycle taking into account their economical status.

Tamil Nadu Govt.'s Schemes

DISTRICT REHABILITATION SCHEMES FOR PHYSICALLY HANDICAPPED, MENTALLY RETARDED, VISUALLY IMPAIRED, HEARING IMPAIRED

WHEEL CHAIR

AID FOR HEARING IMPAIRMENT

ELIGIBILITIES

To apply, the applicants family income should be below Rs.1000/- per month , that is their annual income should be below Rs. 12000/- . The applicant should be below 60 years of age.

PROCEDURE FOR APPLYING

The application should be made in a white paper, mentioning as "Application for hearing Aid" and it should be sent, addressed to the "District Rehabilitation Officer, Palayamkottai, Tirunelveli". The application should be accompanied by a Xerox copy of the Ration Card and also a medical certificate issued by the ENT Specialist.

METHOD OF SELECTION

From this medical certificate the type of hearing aid needed for a person is understood and accordingly immediately given to the applicant. Specialized hearing aid is provided to the school going children. No direct interview is required for this.

SCHEMES FOR VISUALLY IMPAIRED

DARK GLASSES AND WALKING STICK

MARRIAGE GRANT FOR VISUALLY IMPAIRED

ELIGIBILITIES

The annual income of the family should be less than Rs.12,000/-. Only one of the wedding couple either the bride or groom alone should be 100% visually impaired. The marriage should be registered according to the law.

PROCEDURE FOR APPLYING

The application should be made in a white paper , should mentioning "Application for marriage GRANT for Visually Impaired" and send it addressed to the District Rehabilitation Officer, Palayamkottai, Tirunelveli". A copy of the photo of the couple taken at the tome of wedding, Marriage Invitation Card, Marriage Registration Certificate a certificate from Village Administrative Officer and a Xerox copy of the Ration Card should all be enclosed along with the application form.

METHOD OF SELECTION

On verifying the marriage registration certificate and the certificate of Village Administrative Officer on Amount of Rs.10,000/- is given as marriage grant

LOAN SCHEME FOR SELF- EMPLOYMENT

ELIGIBILITIES

The annual income of the family should be less than Rs12,000/-. The level of Disability should be 45% (Types of Disabilities - Impairment of limbs, Visually Impaired, Hearing Impaired, Speech Impaired).

PROCEDURE FOR APPLYING

The prescribed form should be duly filled in and sent to the District Rehabilitation Officer, Palayamkottai, Tirunelveli along with the medical and income certificates.

AMOUNT OF CREDIT

Maximum Loan of Rs.5,000/- is awarded of which Rs.1,000/- is subsidy. District Rehabilitation Officer will forward the application to the concerned bank for granting loan.

MONTHLY GRANT SCHEME

ELIGIBILITIES

Severely affected disabled - that is the level of disability should be above 75% and the annual income of the family should be less than Rs.12,000/- At present, under this scheme grant is given to a maximum of 50 persons alone in a district. This grant is provided continuously every month for a period of 10 years.

PROCEDURE FOR APPLYING

Application should be made in a white foolscap paper, the mentioning as "Application for monthly grant" and should be sent addressed to the "District Rehabilitation Officer, palayamkottai, Tirunelveli" along with it a Xerox copy of the medical certificate and ration card should be enclosed.

METHOD OF SELECTION

Medical certificate alone is considered as a document for giving priority in selecting the beneficiary . Only one member in a family is eligible.

MAINTENANCE GRANT FOR SPINAL CORD INJURED

ELIGIBILITIES

Doctor should have certified that the person is suffering from Spinal Cord injury and the annual income of the family should be less than Rs.12,000/-

PROCEDURE FOR APPLYING

Application should be made in a white paper, mentioning as "Application for Maintenance Grant for Spinal Cord Injury" and should be sent addressed to the

"District Rehabilitation Officer, Palayamkottai, Tirunelveli". The application should be enclosed with Xerox copy of the medical certificate, full size photo showing the nature of Disability, and a copy of the Ration Card.

METHOD OF SELECTION

There is no specific selection committee for this and this grant is disbursed immediately through the District Rehabilitation Officer.

FREE BUS PASS SCHEME

FREE BUS PASS FOR VISUALLY IMPAIRED

ELIGIBILITIES

The level of Visual Impairment should be 100%. the Identity Card should have been issued by the District Rehabilitation Office. Annual income is not essential.

PROCEDURE FOR APPLYING

Prescribed printed application should be duly filled in and submitted to the District Rehabilitation Officer. Along with the application, Xerox copy of Identity Card, and two passport size photos should be enclosed.

METHOD OF SELECTION

The duly filled in application is recommended and forwarded by the DRO to the managing Director of the concerned Transport Corporation. The free bus pass is issued to the applicant after getting permission from the officials of the transport corporation. The selected applicants can travel to any place within the district.  

IDENTITY CARD FOR PHYSICALLY HANDICAPPED

ELIGIBILITIES

The persons whose level of disability is above 40% are eligible for receiving their Identity Card.

PROCEDURE FOR APPLYING

Prescribed printed application form duly filled in should be sent to the District Rehabilitation Officer. The application must be accompanied with medical certificate indicating the nature and level of the Disability, a Xerox copy of Ration Card and a photo indicating disability. The identity card issued for disabled is valid for 10 Years.

SCHOLARSHIP FOR THE DISABLED STUDENTS (I STD to VIII STD)

SCHOLARSHIP FOR DISABLED STUDENTS (Above VIII std )

SURGICAL SCHEME FOR CLEFT LIP AND CLEFT PALATE

AWARD GIVING SCHEME

NATIONAL HANDICAPPED FINANCE AND DEVELOPMENT CORPORATION GUIDELINE FOR FINANCING PROJECTS

SCHEMES FOR FINANCING PROJECTS

(1) Self employment in Service / Trading sector

3) Assistance to Disabled for Higher studies or Professional Training

(4) Assistance for Agricultural Activities

5) Scheme to Promote Manufacturing / Production of Assistive Devices for Disabled persons

(6) Grant for Skills & Entrepreneurial Development Programmes

NATIONAL HANDICAPPED FINANCE AND DEVELOPMENT CORPORATION
GUIDELINE FOR FINANCING PROJECTS

ECONOMIC / INCOME CRITERIA

Unemployed disabled persons whose family income is below Rs. 55,000 /- p.a. for rural areas and Rs. 60,000 /- p.a. for urban areas (five times of poverty line) are eligible for availing loan facility.

Minimum age limit for availing loan is 18 years and maximum age is 60 years. However, the maximum age could be relaxed in the case of professionally qualified entrepreneurs.

The economic criteria will also be applicable to each member of a cooperative society of disabled persons, association of disabled persons and firm promoted by disabled persons seeking financial assistance from NHFDC.

GUIDELINE FOR FINANCING PROJECTS

NATIONAL HANDICAPPED FINANCE AND DEVELOPMENT CORPORATION

GUIDELINE FOR FINANCING PROJECTS

TYPES OF FUNDING NHFDC

* Margin Money Loan (Seed Capital)

1. Seed Capital assistance is provided to entrepreneurs availing term loan from State Financial Corporations (SFCs) / other financial institutions but not able to bring in their share of equity stipulated by the term lending institutions.

2. Seed Capital assistance is to meet the gap in the equity stipulated by the term lending institutions as per their norm of debt equity ratio.

3. The entrepreneur is to bring in a minimum of 20% of the equity.

4. NHFDC may provide Seed Capital assistance upto 80% equity or Rs. 30 lakhs whichever is minimum per unit / profit centre.

5. Seed Capital assistance is free of interest but the channelising agencies will levy a service charge of 1% p.a. from the beneficiaries and pay 0.5% p.a.to NHFDC.

6. Seed Capital is to be repaid within a maximum period of 10 years from the date of first disbursement, inclusive of suitable moratorium. In cases where

Seed Capital assistance remains unpaid beyond 10 years, the same shall be converted into term loan at the expiry of 10th year at an interest applicable to NHFDC term loan and shall be paid within 3 years in quarterly installments from the date of conversation into term loan.

The Margin Money Loan may be recovered from the benefit along with bank loan in the same proportion which the Margin Money bears to the bank loan. Based on such recoveries the Channelising Agency or other agency will make the repayment schedule of margin money.

7. Projects considered for Seed Capital assistance shall be eligible for any other financial assistance from NHFDC

Table with 3 columns and 7 rows

* For women with disability, a rebate of 2% on interest is provided.

** A rebate of 0.5% on interest is provided for timely repayment of loan.

SANCTION OF LOAN

1) For loan amount not exceeding Rs.50,000/-, the loan will be sanctioned within one month from the date of receipt of application subject to completeness of document.

2) For loan amount exceeding Rs. 50,000/-, the loan will be sanctioned within three and in no case exceeding four months from the date of receipt of application subject to completeness of document.

3) Loan upto Rs. 50,000/- may be sanctioned by channelising agency without prior approval of NHFDC and for loan above Rs. 50,000/-, sanction will be issued by NHFDC after recommendation from channelising agency and fulfilling other criteria.

4) For loan under scheme

(5) - production of assistive devices and scheme

(6) - grant for skill & entrepreneurial development, application will be received and appraised by NHFDC directly. The loan will be sanctioned and disbursed by NHFDC.

REPAYMENT PERIOD

The entire loan shall be repaid within a reasonable period but not exceeding 10 years including the moratorium period. The repayment shall be on half yearly / quarterly basis. For agriculture and horticulture projects repayment shall be on yearly basis. The repayment period will be worked out during appraisal of scheme on the basis of funds likely to be generated by the proposed project.

SECURITY

1) Block Government guarantee is required from concerned State Govt. for the sanction and disbursement of loan by NHFDC to State Channelising Agencies.

In case of persistent default, the NHFDC will be at liberty to invoke the guarantees or deduct its installments from the future projects of the concerned agency to be financed.

2) NHFDC may also accept Bank Guarantee or any other form of security acceptable to it for grant of loans.

3) The assets created by the beneficiaries from the loans sanctioned to them shall be mortgaged / hypothecated to the Channelising Agency.

DISBURSEMENT OF LOAN

The sanctioned loan will be disbursed on the completion of the following conditions: 1) The State Government Guarantee for the amount to be disbursed has been received or first installment of Government guarantee has been received.

2) The utilisation certificate to the extent of atleast 80% of the amount already disbursed to the State Corporation has been received .

3) All installments of principal and interest due from the Channeling Agency / State Corporation have been received.

4) The list of beneficiaries to whom loan will be disbursed has been received.

UTILISATION OF LOANS

a) The time limit allowed to Channelising Agency for disbursement of NHFDC loans to ultimate beneficiary is 3 months in case of Term Loan and 4 months in case of Margin Money Loan.

b) The undisbursed amount with Channelising Agency shall carry enhanced normal bank interest (min 18%) as against the normal interest as per sanction, if loan is not disbursed to the beneficiaries within stipulated time under each scheme for the period it is not disbursed after expiry of stipulated time as per 12.1 above.

COMMITMENT CHARGES

If the loan is not availed by Channelising Agency within six months or extended period upto one year, the sanction shall lapse to the extent the loan is not availed. The loan can be revived only after payment of commitment charges @ 0.5% on the unavailed amount of loan for the period from the date of sanction to the date of revival