## jftLVªh lañ Mhñ,yñ—(,u)04@0007@2003—16


**REGISTERED NO. DL—(N)04/0007/2003—16**


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**EXTRAORDINARY**
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**PART II — Section 1**
# izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY

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**No. 59] NEW DELHI, WEDNESDAY, DECEMBER 28, 2016/PAUSHA 07, 1938 (SAKA)**

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**Separate paging is given to this Part in order that it may be filed as a separate compilation.**

# MINISTRY OF LAW AND JUSTICE
**(Legislative Department)**

_New Delhi, the 28th December, 2016/Pausha 17, 1938 (Saka)_

The following Act of Parliament received the assent of the President on the
27th December, 2016, and is hereby published for general information:—

# THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

(NO. 49 OF 2016)

[27th December, 2016]

# An Act to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.

WHEREAS the United Nations General Assembly adopted its Convention on the Rights
of Persons with Disabilities on the 13th day of December, 2006;

AND WHEREAS the aforesaid Convention lays down the following principles for
empowerment of persons with disabilities,—

(a) respect for inherent dignity, individual autonomy including the freedom to
make one’s own choices, and independence of persons;

(b) non-discrimination;

(c) full and effective participation and inclusion in society;

(d) respect for difference and acceptance of persons with disabilities as part of
human diversity and humanity;


-----

Short title and
commencement.

Definitions.


2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(e) equality of opportunity;

(f) accessibility;

(g) equality between men and women;

(h) respect for the evolving capacities of children with disabilities and respect
for the right of children with disabilities to preserve their identities;

AND WHEREAS India is a signatory to the said Convention;

AND WHEREAS India ratified the said Convention on the 1st day of October, 2007;

AND WHEREAS it is considered necessary to implement the Convention aforesaid.

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as
follows:—

CHAPTER I

PRELIMINARY

**1. (1) This Act may be called the Rights of Persons with Disabilities Act, 2016.**

(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.

**2. In this Act, unless the context otherwise requires,—**

(a) “appellate authority” means an authority notified under sub-section (3) of
section 14 or sub-section (1) of section 53 or designated under sub-section (1) of
section 59, as the case may be;

(b) “appropriate Government” means,—

(i) in relation to the Central Government or any establishment wholly or
substantially financed by that Government, or a Cantonment Board constituted
under the Cantonments Act, 2006, the Central Government;

(ii) in relation to a State Government or any establishment, wholly or
substantially financed by that Government, or any local authority, other than a
Cantonment Board, the State Government.

(c) “barrier’’ means any factor including communicational, cultural, economic,
environmental, institutional, political, social, attitudinal or structural factors which
hampers the full and effective participation of persons with disabilities in society;

(d) “care-giver” means any person including parents and other family Members
who with or without payment provides care, support or assistance to a person with
disability;

(e) “certifying authority” means an authority designated under sub-section (1)
of section 57;

(f) “communication” includes means and formats of communication, languages,
display of text, Braille, tactile communication, signs, large print, accessible multimedia,
written, audio, video, visual displays, sign language, plain-language, human-reader,
augmentative and alternative modes and accessible information and communication
technology;

(g) “competent authority” means an authority appointed under section 49;

(h) “discrimination” in relation to disability, means any distinction, exclusion,
restriction on the basis of disability which is the purpose or effect of impairing or
nullifying the recognition, enjoyment or exercise on an equal basis with others of all
human rights and fundamental freedoms in the political, economic, social, cultural, civil
or any other field and includes all forms of discrimination and denial of reasonable
accommodation;


41 of 2006.


-----

18 of 2013.

41 of 2006.


SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(i) “establishment” includes a Government establishment and private
establishment;

(j) “Fund” means the National Fund constituted under section 86;

(k) “Government establishment” means a corporation established by or under a
Central Act or State Act or an authority or a body owned or controlled or aided by the
Government or a local authority or a Government company as defined in section 2 of
the Companies Act, 2013 and includes a Department of the Government;

(l) “high support” means an intensive support, physical, psychological and
otherwise, which may be required by a person with benchmark disability for daily
activities, to take independent and informed decision to access facilities and
participating in all areas of life including education, employment, family and community
life and treatment and therapy;

(m) “inclusive education” means a system of education wherein students with
and without disability learn together and the system of teaching and learning is suitably
adapted to meet the learning needs of different types of students with disabilities;

(n) “information and communication technology” includes all services and
innovations relating to information and communication, including telecom services,
web based services, electronic and print services, digital and virtual services;

(o) “institution” means an institution for the reception, care, protection, education,
training, rehabilitation and any other activities for persons with disabilities;

(p) “local authority” means a Municipality or a Panchayat, as defined in clause (e)
and clause (f) of article 243P of the Constitution; a Cantonment Board constituted
under the Cantonments Act, 2006; and any other authority established under an Act
of Parliament or a State Legislature to administer the civic affairs;

(q) “notification” means a notification published in the Official Gazette and the
expression “notify” or “notified” shall be construed accordingly;

(r) “person with benchmark disability” means a person with not less than forty
per cent. of a specified disability where specified disability has not been defined in
measurable terms and includes a person with disability where specified disability has
been defined in measurable terms, as certified by the certifying authority;

(s) “person with disability” means a person with long term physical, mental,
intellectual or sensory impairment which, in interaction with barriers, hinders his full
and effective participation in society equally with others;

(t) “person with disability having high support needs” means a person with
benchmark disability certified under clause (a) of sub-section (2) of section 58 who
needs high support;

(u) “prescribed” means prescribed by rules made under this Act;

(v) “private establishment” means a company, firm, cooperative or other society,
associations, trust, agency, institution, organisation, union, factory or such other
establishment as the appropriate Government may, by notification, specify;

(w) “public building” means a Government or private building, used or accessed
by the public at large, including a building used for educational or vocational purposes,
workplace, commercial activities, public utilities, religious, cultural, leisure or recreational
activities, medical or health services, law enforcement agencies, reformatories or judicial
foras, railway stations or platforms, roadways bus stands or terminus, airports or
waterways;

(x) “public facilities and services” includes all forms of delivery of services to
the public at large, including housing, educational and vocational trainings, employment


-----

Equality and
nondiscrimination.


4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

and career advancement, shopping or marketing, religious, cultural, leisure or
recreational, medical, health and rehabilitation, banking, finance and insurance,
communication, postal and information, access to justice, public utilities, transportation;

(y) “reasonable accommodation” means necessary and appropriate modification
and adjustments, without imposing a disproportionate or undue burden in a particular
case, to ensure to persons with disabilities the enjoyment or exercise of rights equally
with others;

(z) “registered organisation” means an association of persons with disabilities
or a disabled person organisation, association of parents of persons with disabilities,
association of persons with disabilities and family members, or a voluntary or
non-governmental or charitable organisation or trust, society, or non-profit company
working for the welfare of the persons with disabilities, duly registered under an Act of
Parliament or a State Legislature;

(za) “rehabilitation” refers to a process aimed at enabling persons with disabilities
to attain and maintain optimal, physical, sensory, intellectual, psychological
environmental or social function levels;

(zb) “Special Employment Exchange” means any office or place established and
maintained by the Government for the collection and furnishing of information, either
by keeping of registers or otherwise, regarding—

(i) persons who seek to engage employees from amongst the persons with
disabilities;

(ii) persons with benchmark disability who seek employment;

(iii) vacancies to which persons with benchmark disabilities seeking
employment may be appointed;

(zc) “specified disability” means the disabilities as specified in the Schedule;

(zd) “transportation systems” includes road transport, rail transport, air transport,
water transport, para transit systems for the last mile connectivity, road and street
infrastructure, etc.;

(ze) “universal design” means the design of products, environments, programmes
and services to be usable by all people to the greatest extent possible, without the
need for adaptation or specialised design and shall apply to assistive devices including
advanced technologies for particular group of persons with disabilities.

CHAPTER II

RIGHTS AND ENTITLEMENTS

**3. (1) The appropriate Government shall ensure that the persons with disabilities**
enjoy the right to equality, life with dignity and respect for his or her integrity equally with
others.

(2) The appropriate Government shall take steps to utilise the capacity of persons
with disabilities by providing appropriate environment.

(3) No person with disability shall be discriminated on the ground of disability, unless
it is shown that the impugned act or omission is a proportionate means of achieving a
legitimate aim.

(4) No person shall be deprived of his or her personal liberty only on the ground of
disability.

(5) The appropriate Government shall take necessary steps to ensure reasonable
accommodation for persons with disabilities.


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

**4. (1) The appropriate Government and the local authorities shall take measures to**
ensure that the women and children with disabilities enjoy their rights equally with others.

(2) The appropriate Government and local authorities shall ensure that all children with
disabilities shall have right on an equal basis to freely express their views on all matters
affecting them and provide them appropriate support keeping in view their age and disability.”.

**5. (1)** The persons with disabilities shall have the right to live in the community.

(2) The appropriate Government shall endeavour that the persons with disabilities
are,—

(a) not obliged to live in any particular living arrangement; and

(b) given access to a range of in-house, residential and other community support
services, including personal assistance necessary to support living with due regard to
age and gender.

**6.** (1) The appropriate Government shall take measures to protect persons with
disabilities from being subjected to torture, cruel, inhuman or degrading treatment.

(2) No person with disability shall be a subject of any research without,—

(i) his or her free and informed consent obtained through accessible modes,
means and formats of communication; and

(ii) prior permission of a Committee for Research on Disability constituted in the
prescribed manner for the purpose by the appropriate Government in which not less
than half of the Members shall themselves be either persons with disabilities or Members
of the registered organisation as defined under clause (z) of section 2.

**7. (1) The appropriate Government shall take measures to protect persons with**
disabilities from all forms of abuse, violence and exploitation and to prevent the same,
shall—

(a) take cognizance of incidents of abuse, violence and exploitation and provide
legal remedies available against such incidents;

(b) take steps for avoiding such incidents and prescribe the procedure for its
reporting;

(c) take steps to rescue, protect and rehabilitate victims of such incidents; and

(d) create awareness and make available information among the public.

(2) Any person or registered organisation who or which has reason to believe that an
act of abuse, violence or exploitation has been, or is being, or is likely to be committed
against any person with disability, may give information about it to the Executive Magistrate
within the local limits of whose jurisdiction such incidents occur.

(3) The Executive Magistrate on receipt of such information, shall take immediate
steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems
fit for the protection of such person with disability including an order—

(a) to rescue the victim of such act, authorising the police or any organisation
working for persons with disabilities to provide for the safe custody or rehabilitation
of such person, or both, as the case may be;

(b) for providing protective custody to the person with disability, if such person
so desires;

(c) to provide maintenance to such person with disability.

(4) Any police officer who receives a complaint or otherwise comes to know of abuse,
violence or exploitation towards any person with disability shall inform the aggrieved person
of—


Women and
children with
disabilities.

Community
life.

Protection
from cruelty
and inhuman
treatment.

Protection
from abuse,
violence and
exploitation.


-----

Protection and
safety.

Home and
family.

Reproductive
rights.

Accessibility
in voting.

Access
to justice.


6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(a) his or her right to apply for protection under sub-section (2) and the particulars
of the Executive Magistrate having jurisdiction to provide assistance;

(b) the particulars of the nearest organisation or institution working for the
rehabilitation of persons with disabilities;

(c) the right to free legal aid; and

(d) the right to file a complaint under the provisions of this Act or any other law
dealing with such offence:

Provided that nothing in this section shall be construed in any manner as to relieve
the police officer from his duty to proceed in accordance with law upon receipt of information
as to the commission of a cognizable offence.

(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an
offence under the Indian Penal Code, or under any other law for the time being in force, he
may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as the
case may be, having jurisdiction in the matter.

**8. (1)** The persons with disabilities shall have equal protection and safety in situations
of risk, armed conflict, humanitarian emergencies and natural disasters.

(2) The National Disaster Management Authority and the State Disaster Management
Authority shall take appropriate measures to ensure inclusion of persons with disabilities in
its disaster management activities as defined under clause (e) of section 2 of the Disaster
Management Act, 2005 for the safety and protection of persons with disabilities.

(3) The District Disaster Management Authority constituted under section 25 of the
Disaster Management Act, 2005 shall maintain record of details of persons with disabilities in
the district and take suitable measures to inform such persons of any situations of risk so as
to enhance disaster preparedness.

(4) The authorities engaged in reconstruction activities subsequent to any situation
of risk, armed conflict or natural disasters shall undertake such activities, in consultation
with the concerned State Commissioner, in accordance with the accessibility requirements of
persons with disabilities.

**9. (1) No child with disability shall be separated from his or her parents on the ground**
of disability except on an order of competent court, if required, in the best interest of the
child.

(2) Where the parents are unable to take care of a child with disability, the competent
court shall place such child with his or her near relations, and failing that within the community
in a family setting or in exceptional cases in shelter home run by the appropriate Government
or non-governmental organisation, as may be required.

**10. (1)** The appropriate Government shall ensure that persons with disabilities have
access to appropriate information regarding reproductive and family planning.

(2) No person with disability shall be subject to any medical procedure which leads to
infertility without his or her free and informed consent.

**11. The Election Commission of India and the State Election Commissions shall ensure**
that all polling stations are accessible to persons with disabilities and all materials related to
the electoral process are easily understandable by and accessible to them.

**12. (1)** The appropriate Government shall ensure that persons with disabilities are able
to exercise the right to access any court, tribunal, authority, commission or any other body
having judicial or quasi-judicial or investigative powers without discrimination on the basis
of disability.

(2) The appropriate Government shall take steps to put in place suitable support
measures for persons with disabilities specially those living outside family and those disabled
requiring high support for exercising legal rights.


45 of 1860.

53 of 2005.

53 of 2005.


-----

39 of 1987.


SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(3) The National Legal Services Authority and the State Legal Services Authorities
constituted under the Legal Services Authorities Act, 1987 shall make provisions including
reasonable accommodation to ensure that persons with disabilities have access to any
scheme, programme, facility or service offered by them equally with others.

(4) The appropriate Government shall take steps to—

(a) ensure that all their public documents are in accessible formats;

(b) ensure that the filing departments, registry or any other office of records are
supplied with necessary equipment to enable filing, storing and referring to the
documents and evidence in accessible formats; and

(c) make available all necessary facilities and equipment to facilitate recording
of testimonies, arguments or opinion given by persons with disabilities in their preferred
language and means of communication.

**13. (1) The appropriate Government shall ensure that the persons with disabilities**
have right, equally with others, to own or inherit property, movable or immovable, control
their financial affairs and have access to bank loans, mortgages and other forms of financial
credit.

(2) The appropriate Government shall ensure that the persons with disabilities enjoy
legal capacity on an equal basis with others in all aspects of life and have the right to equal
recognition everywhere as any other person before the law.

(3) When a conflict of interest arises between a person providing support and a
person with disability in a particular financial, property or other economic transaction, then
such supporting person shall abstain from providing support to the person with disability in
that transaction:

Provided that there shall not be a presumption of conflict of interest just on the basis
that the supporting person is related to the person with disability by blood, affinity or
adoption.

(4) A person with disability may alter, modify or dismantle any support arrangement
and seek the support of another:

Provided that such alteration, modification or dismantling shall be prospective in
nature and shall not nullify any third party transaction entered into by the person with
disability with the aforesaid support arrangement.

(5) Any person providing support to the person with disability shall not exercise
undue influence and shall respect his or her autonomy, dignity and privacy.

**14.** _(1) Notwithstanding anything contained in any other law for the time being in_
force, on and from the date of commencement of this Act, where a district court or any
designated authority, as notified by the State Government, finds that a person with disability,
who had been provided adequate and appropriate support but is unable to take legally
binding decisions, may be provided further support of a limited guardian to take legally
binding decisions on his behalf in consultation with such person, in such manner, as may be
prescribed by the State Government:

Provided that the District Court or the designated authority, as the case may be, may
grant total support to the person with disability requiring such support or where the limited
guardianship is to be granted repeatedly, in which case, the decision regarding the support
to be provided shall be reviewed by the Court or the designated authority, as the case may
be, to determine the nature and manner of support to be provided.

_Explanation.—For the purposes of this sub-section, “limited guardianship” means a_
system of joint decision which operates on mutual understanding and trust between the guardian
and the person with disability, which shall be limited to a specific period and for specific decision
and situation and shall operate in accordance to the will of the person with disability.


Legal capacity.

Provision for
guardianship.


-----

Designation of
authorities to
support.

Duty of
educational
institutions.

Specific
measures to
promote and
facilitate
inclusive
education.


8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) On and from the date of commencement of this Act, every guardian appointed
under any provision of any other law for the time being in force, for a person with disability
shall be deemed to function as a limited guardian.

(3) Any person with disability aggrieved by the decision of the designated authority
appointing a legal guardian may prefer an appeal to such appellate authority, as may be
notified by the State Government for the purpose.

**15.** _(1) The appropriate Government shall designate one or more authorities to mobilise_
the community and create social awareness to support persons with disabilities in exercise of
their legal capacity.

(2) The authority designated under sub-section (1) shall take measures for setting up
suitable support arrangements to exercise legal capacity by persons with disabilities living in
institutions and those with high support needs and any other measures as may be required.

CHAPTER III

EDUCATION

**16.** The appropriate Government and the local authorities shall endeavour that all
educational institutions funded or recognised by them provide inclusive education to the
children with disabilities and towards that end shall—

(i) admit them without discrimination and provide education and opportunities
for sports and recreation activities equally with others;

(ii) make building, campus and various facilities accessible;

(iii) provide reasonable accommodation according to the individual’s
requirements;

(iv) provide necessary support individualised or otherwise in environments that
maximise academic and social development consistent with the goal of full inclusion;

(v) ensure that the education to persons who are blind or deaf or both is imparted
in the most appropriate languages and modes and means of communication;

(vi) detect specific learning disabilities in children at the earliest and take suitable
pedagogical and other measures to overcome them;

(vii) monitor participation, progress in terms of attainment levels and completion
of education in respect of every student with disability;

(viii) provide transportation facilities to the children with disabilities and also
the attendant of the children with disabilities having high support needs.

**17.** The appropriate Government and the local authorities shall take the following
measures for the purpose of section 16, namely:—

(a) to conduct survey of school going children in every five years for identifying
children with disabilities, ascertaining their special needs and the extent to which
these are being met:

Provided that the first survey shall be conducted within a period of two years
from the date of commencement of this Act;

(b) to establish adequate number of teacher training institutions;

(c) to train and employ teachers, including teachers with disability who are
qualified in sign language and Braille and also teachers who are trained in teaching
children with intellectual disability;

(d) to train professionals and staff to support inclusive education at all levels of
school education;


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

(e) to establish adequate number of resource centres to support educational
institutions at all levels of school education;

(f) to promote the use of appropriate augmentative and alternative modes including
means and formats of communication, Braille and sign language to supplement the use
of one’s own speech to fulfill the daily communication needs of persons with speech,
communication or language disabilities and enables them to participate and contribute
to their community and society;

(g) to provide books, other learning materials and appropriate assistive devices
to students with benchmark disabilities free of cost up to the age of eighteen years;

(h) to provide scholarships in appropriate cases to students with benchmark
disability;

(i) to make suitable modifications in the curriculum and examination system to
meet the needs of students with disabilities such as extra time for completion of
examination paper, facility of scribe or amanuensis, exemption from second and third
language courses;

(j) to promote research to improve learning; and

(k) any other measures, as may be required.

**18.** The appropriate Government and the local authorities shall take measures to
promote, protect and ensure participation of persons with disabilities in adult education and
continuing education programmes equally with others.

CHAPTER IV

SKILL DEVELOPMENT AND EMPLOYMENT

**19. (1) The appropriate Government shall formulate schemes and programmes including**
provision of loans at concessional rates to facilitate and support employment of persons
with disabilities especially for their vocational training and self-employment.

(2) The schemes and programmes referred to in sub-section (1) shall provide for—
(a) inclusion of person with disability in all mainstream formal and non-formal
vocational and skill training schemes and programmes;

(b) to ensure that a person with disability has adequate support and facilities to
avail specific training;
(c) exclusive skill training programmes for persons with disabilities with active
links with the market, for those with developmental, intellectual, multiple disabilities
and autism;

(d) loans at concessional rates including that of microcredit;
(e) marketing the products made by persons with disabilities; and

(f ) maintenance of disaggregated data on the progress made in the skill training
and self-employment, including persons with disabilities.

**20. (1)** No Government establishment shall discriminate against any person with
disability in any matter relating to employment:

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,
exempt any establishment from the provisions of this section.

(2) Every Government establishment shall provide reasonable accommodation and
appropriate barrier free and conducive environment to employees with disability.

(3) No promotion shall be denied to a person merely on the ground of disability.

(4) No Government establishment shall dispense with or reduce in rank, an employee
who acquires a disability during his or her service:


Adult
education.

Vocational
training and
selfemployment.

Nondiscrimination
in
employment.


-----

Equal
opportunity
policy.

Maintenance
of records.

Appointment
of Grievance
Redressal
Officer.

Social security.


10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that, if an employee after acquiring disability is not suitable for the post he
was holding, shall 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.

(5) The appropriate Government may frame policies for posting and transfer of
employees with disabilities.

**21. (1) Every establishment shall notify equal opportunity policy detailing measures**
proposed to be taken by it in pursuance of the provisions of this Chapter in the manner as
may be prescribed by the Central Government.

(2) Every establishment shall register a copy of the said policy with the Chief
Commissioner or the State Commissioner, as the case may be.

**22. (1) Every establishment shall maintain records of the persons with disabilities in**
relation to the matter of employment, facilities provided and other necessary information in
compliance with the provisions of this Chapter in such form and manner as may be prescribed
by the Central Government.

(2) Every employment exchange shall maintain records of persons with disabilities
seeking employment.

(3) The records maintained under sub-section (1) shall be open to inspection at all
reasonable hours by such persons as may be authorised in their behalf by the appropriate
Government.

**23. (1) Every Government establishment shall appoint a Grievance Redressal Officer**
for the purpose of section 19 and shall inform the Chief Commissioner or the State
Commissioner, as the case may be, about the appointment of such officer.

(2) Any person aggrieved with the non-compliance of the provisions of section 20,
may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall
take up the matter with the establishment for corrective action.

(3) The Grievance Redressal Officer shall maintain a register of complaints in the
manner as may be prescribed by the Central Government, and every complaint shall be
inquired within two weeks of its registration.

(4) If the aggrieved person is not satisfied with the action taken on his or her complaint,
he or she may approach the District-Level Committee on disability.

CHAPTER V

SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION

**24.** _(1)_ The appropriate Government shall within the limit of its economic capacity and
development formulate necessary schemes and programmes to safeguard and promote the
right of persons with disabilities for adequate standard of living to enable them to live
independently or in the community:

Provided that the quantum of assistance to the persons with disabilities under such
schemes and programmes shall be at least twenty-five per cent. higher than the similar
schemes applicable to others.

(2) The appropriate Government while devising these schemes and programmes shall
give due consideration to the diversity of disability, gender, age, and socio-economic status.

(3) The schemes under sub-section (1) shall provide for,—

(a) community centres with good living conditions in terms of safety, sanitation,
health care and counselling;

(b) facilities for persons including children with disabilities who have no family
or have been abandoned, or are without shelter or livelihood;

(c) support during natural or man-made disasters and in areas of conflict;


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

(d) support to women with disability for livelihood and for upbringing of their
children;

(e) access to safe drinking water and appropriate and accessible sanitation
facilities especially in urban slums and rural areas;

(f) provisions of aids and appliances, medicine and diagnostic services and
corrective surgery free of cost to persons with disabilities with such income ceiling as
may be notified;

(g) disability pension to persons with disabilities subject to such income ceiling
as may be notified;

(h) unemployment allowance to persons with disabilities registered with Special
Employment Exchange for more than two years and who could not be placed in any
gainful occupation;

(i) care-giver allowance to persons with disabilities with high support needs;

(j) comprehensive insurance scheme for persons with disability, not covered
under the Employees State Insurance Schemes, or any other statutory or Governmentsponsored insurance schemes;

(k) any other matter which the appropriate Government may think fit.

**25. (1) The appropriate Government and the local authorities shall take necessary**
measures for the persons with disabilities to provide,—

(a) free healthcare in the vicinity specially in rural area subject to such family
income as may be notified;

(b) barrier-free access in all parts of Government and private hospitals and other
healthcare institutions and centres;

(c) priority in attendance and treatment.

(2) The appropriate Government and the local authorities shall take measures and
make schemes or programmes to promote healthcare and prevent the occurrence of disabilities
and for the said purpose shall—

(a) undertake or cause to be undertaken surveys, investigations and research
concerning the cause of occurrence of disabilities;
(b) promote various methods for preventing disabilities;

(c) screen all the children at least once in a year for the purpose of identifying
“at-risk” cases;
(d) provide facilities for training to the staff at the primary health centres;

(e) sponsor or cause to be sponsored awareness campaigns and disseminate or
cause to be disseminated information for general hygiene, health and sanitation;
(f) take measures for pre-natal, perinatal and post-natal care of mother and child;

(g) educate the public through the pre-schools, schools, primary health centres,
village level workers and anganwadi workers;
(h) create awareness amongst the masses through television, radio and other
mass media on the causes of disabilities and the preventive measures to be adopted;

(i) healthcare during the time of natural disasters and other situations of risk;
(j) essential medical facilities for life saving emergency treatment and procedures;
and

(k) sexual and reproductive healthcare especially for women with disability.

**26. The appropriate Government shall, by notification, make insurance schemes for**
their employees with disabilities.

**27.** _(1)_ The appropriate Government and the local authorities shall within their economic
capacity and development, undertake or cause to be undertaken services and programmes of


Healthcare.

Insurance
schemes.

Rehabilitation.


-----

Research and
development.

Culture and
recreation.

Sporting
activities.


12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

rehabilitation, particularly in the areas of health, education and employment for all persons
with disabilities.

(2) For the purposes of sub-section (1), the appropriate Government and the local
authorities may grant financial assistance to non-Governmental Organisations.

(3) The appropriate Government and the local authorities, while formulating
rehabilitation policies shall consult the non-Governmental Organisations working for the
cause of persons with disabilities.

**28. The appropriate Government shall initiate or cause to be initiated research and**
development through individuals and institutions on issues which shall enhance habilitation
and rehabilitation and on such other issues which are necessary for the empowerment of
persons with disabilities.

**29. The appropriate Government and the local authorities shall take measures to promote**
and protect the rights of all persons with disabilities to have a cultural life and to participate
in recreational activities equally with others which include,—

(a) facilities, support and sponsorships to artists and writers with disability to
pursue their interests and talents;

(b) establishment of a disability history museum which chronicles and interprets
the historical experiences of persons with disabilities;

(c) making art accessible to persons with disabilities;

(d) promoting recreation centres, and other associational activities;

(e) facilitating participation in scouting, dancing, art classes, outdoor camps and
adventure activities;

(f) redesigning courses in cultural and arts subjects to enable participation and
access for persons with disabilities;

(g) developing technology, assistive devices and equipments to facilitate access
and inclusion for persons with disabilities in recreational activities; and

(h) ensuring that persons with hearing impairment can have access to television
programmes with sign language interpretation or sub-titles.

**30. (1)** The appropriate Government shall take measures to ensure effective participation
in sporting activities of the persons with disabilities.

(2) The sports authorities shall accord due recognition to the right of persons with
disabilities to participate in sports and shall make due provisions for the inclusion of persons
with disabilities in their schemes and programmes for the promotion and development of
sporting talents.

(3) Without prejudice to the provisions contained in sub-sections (1) and (2), the
appropriate Government and the sports authorities shall take measures to,—

(a) restructure courses and programmes to ensure access, inclusion and
participation of persons with disabilities in all sporting activities;

(b) redesign and support infrastructure facilities of all sporting activities for
persons with disabilities;

(c) develop technology to enhance potential, talent, capacity and ability in
sporting activities of all persons with disabilities;

(d) provide multi-sensory essentials and features in all sporting activities to
ensure effective participation of all persons with disabilities;

(e) allocate funds for development of state of art sport facilities for training of
persons with disabilities;

(f ) promote and organise disability specific sporting events for persons with
disabilities and also facilitate awards to the winners and other participants of such
sporting events.


-----

35 of 2009.


SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

CHAPTER VI

SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES

**31.** _(1) Notwithstanding anything contained in the Rights of Children to Free and_
Compulsory Education Act, 2009, every child with benchmark disability between the age of
six to eighteen years shall have the right to free education in a neighbourhood school, or in
a special school, of his choice.

(2) The appropriate Government and local authorities shall ensure that every child
with benchmark disability has access to free education in an appropriate environment till he
attains the age of eighteen years.

**32.** _(1)_ All Government institutions of higher education and other higher education
institutions receiving aid from the Government shall reserve not less than five per cent. seats
for persons with benchmark disabilities.

(2) The persons with benchmark disabilities shall be given an upper age relaxation of
five years for admission in institutions of higher education.

**33. The appropriate Government shall—**

(i) identify posts in the establishments which can be held by respective category
of persons with benchmark disabilities in respect of the vacancies reserved in
accordance with the provisions of section 34;

(ii) constitute an expert committee with representation of persons with benchmark
disabilities for identification of such posts; and

(iii) undertake periodic review of the identified posts at an interval not exceeding
three years.

**34.** _(1) Every appropriate Government shall appoint in every Government establishment,_
not less than four per cent. of the total number of vacancies in the cadre strength in each
group of posts meant to be filled with persons with benchmark disabilities of which, one per
cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b)
and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e),
namely:—

(a) blindness and low vision;

(b) deaf and hard of hearing;

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid
attack victims and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including
deaf-blindness in the posts identified for each disabilities:

Provided that the reservation in promotion shall be in accordance with such instructions
as are issued by the appropriate Government from time to time:

Provided further that the appropriate Government, in consultation with the Chief
Commissioner or the State Commissioner, as the case may be, may, having regard to the type
of work carried out in any Government establishment, by notification and subject to such
conditions, if any, as may be specified in such notifications exempt any Government
establishment from the provisions of this section.

(2) Where in any recruitment year any vacancy cannot be filled up due to nonavailability of a suitable person with benchmark disability or for any other sufficient reasons,
such vacancy shall be carried forward in the succeeding recruitment year and if in the
succeeding recruitment year also suitable person with benchmark disability is not available,
it may first be filled by interchange among the five 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:


Free
education for
children with
benchmark
disabilities.

Reservation
in higher
educational
institutions.

Identification
of posts for
reservation.

Reservation.


-----

Incentives to
employers in
private sector.

Special
employment
exchange.

Special
schemes and
development
programmes.

Special
provisions
for persons
with
disabilities
with high
support.

Awareness
campaigns.


14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that if the nature of vacancies in an establishment is such that a given
category of person cannot be employed, the vacancies may be interchanged among the five
categories with the prior approval of the appropriate Government.

(3) The appropriate Government may, by notification, provide for such relaxation of
upper age limit for employment of persons with benchmark disability, as it thinks fit.

**35. The appropriate Government and the local authorities shall, within the limit of their**
economic capacity and development, provide incentives to employer in private sector to
ensure that at least five per cent. of their work force is composed of persons with benchmark
disability.

**36. The appropriate Government may, by notification, require that from such date, the**
employer in every establishment shall furnish such information or return as may be prescribed
by the Central Government in relation to vacancies appointed for persons with benchmark
disability that have occurred or are about to occur in that establishment to such special
employment exchange as may be notified by the Central Government and the establishment
shall thereupon comply with such requisition.

**37. The appropriate Government and the local authorities shall, by notification, make**
schemes in favour of persons with benchmark disabilities, to provide,—

(a) five per cent. reservation in allotment of agricultural land and housing in all
relevant schemes and development programmes, with appropriate priority to women
with benchmark disabilities;

(b) five per cent. reservation in all poverty alleviation and various developmental
schemes with priority to women with benchmark disabilities;

(c) five per cent. reservation in allotment of land on concessional rate, where
such land is to be used for the purpose of promoting housing, shelter, setting up of
occupation, business, enterprise, recreation centres and production centres.

CHAPTER VII

SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS

**38. (1) Any person with benchmark disability, who considers himself to be in need of**
high support, or any person or organisation on his or her behalf, may apply to an authority,
to be notified by the appropriate Government, requesting to provide high support.

(2) On receipt of an application under sub-section (1), the authority shall refer it to an
Assessment Board consisting of such Members as may be prescribed by the Central
Government.

(3) The Assessment Board shall assess the case referred to it under sub-section (1) in
such manner as may be prescribed by the Central Government, and shall send a report to the
authority certifying the need of high support and its nature.

(4) On receipt of a report under sub-section (3), the authority shall take steps to
provide support in accordance with the report and subject to relevant schemes and orders of
the appropriate Government in this behalf.

CHAPTER VIII
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS

**39.** _(1)_ The appropriate Government, in consultation with the Chief Commissioner or
the State Commissioner, as the case may be, shall conduct, encourage, support or promote
awareness campaigns and sensitisation programmes to ensure that the rights of the persons
with disabilities provided under this Act are protected.
(2) The programmes and campaigns specified under sub-section (1) shall also,—

(a) promote values of inclusion, tolerance, empathy and respect for diversity;
(b) advance recognition of the skills, merits and abilities of persons with
disabilities and of their contributions to the workforce, labour market and professional
fee;


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

(c) foster respect for the decisions made by persons with disabilities on all
matters related to family life, relationships, bearing and raising children;

(d) provide orientation and sensitisation at the school, college, University and
professional training level on the human condition of disability and the rights of
persons with disabilities;
(e) provide orientation and sensitisation on disabling conditions and rights of
persons with disabilities to employers, administrators and co-workers;

(f) ensure that the rights of persons with disabilities are included in the curriculum
in Universities, colleges and schools.

**40.** The Central Government shall, in consultation with the Chief Commissioner,
formulate rules for persons with disabilities laying down the standards of accessibility for
the physical environment, transportation, information and communications, including
appropriate technologies and systems, and other facilities and services provided to the
public in urban and rural areas.

**41.** _(1) The appropriate Government shall take suitable measures to provide,—_

(a) facilities for persons with disabilities at bus stops, railway stations and
airports conforming to the accessibility standards relating to parking spaces, toilets,
ticketing counters and ticketing machines;
(b) access to all modes of transport that conform the design standards, including
retrofitting old modes of transport, wherever technically feasible and safe for persons
with disabilities, economically viable and without entailing major structural changes in
design;

(c) accessible roads to address mobility necessary for persons with disabilities.
(2) The appropriate Government shall develop schemes programmes to promote the
personal mobility of persons with disabilities at affordable cost to provide for,—

(a) incentives and concessions;
(b) retrofitting of vehicles; and

(c) personal mobility assistance.

**42. The appropriate Government shall take measures to ensure that,—**

(i) all contents available in audio, print and electronic media are in accessible
format;
(ii) persons with disabilities have access to electronic media by providing audio
description, sign language interpretation and close captioning;

(iii) electronic goods and equipment which are meant for every day use are
available in universal design.

**43. The appropriate Government shall take measures to promote development,**
production and distribution of universally designed consumer products and accessories for
general use for persons with disabilities.

**44.** (1) No establishment shall be granted permission to build any structure if the
building plan does not adhere to the rules formulated by the Central Government under
section 40.

(2) No establishment shall be issued a certificate of completion or allowed to take
occupation of a building unless it has adhered to the rules formulated by the Central
Government.

**45. (1)** All existing public buildings shall be made accessible in accordance with the
rules formulated by the Central Government within a period not exceeding five years from the
date of notification of such rules:

Provided that the Central Government may grant extension of time to the States on a
case to case basis for adherence to this provision depending on their state of preparedness
and other related parameters.


Accessibility.

Access to
transport.

Access to
information
and
communication
technology.

Consumer
goods.

Mandatory
observance of
accessibility
norms.

Time limit
for making
existing
infrastructure
and premises
accessible and
action for
that purpose.


-----

Time limit
for
accessibility
by service
providers.

Human
resource
development.

Social audit.

Competent
authority.

Registration.


16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) The appropriate Government and the local authorities shall formulate and publish
an action plan based on prioritisation, for providing accessibility in all their buildings and
spaces providing essential services such as all primary health centres, civil hospitals, schools,
railway stations and bus stops.

**46. The service providers whether Government or private shall provide services in**
accordance with the rules on accessibility formulated by the Central Government under
section 40 within a period of two years from the date of notification of such rules:

Provided that the Central Government in consultation with the Chief Commissioner
may grant extension of time for providing certain category of services in accordance with the
said rules.

**47. (1) Without prejudice to any function and power of Rehabilitation Council of India**
constituted under the Rehabilitation Council of India Act, 1992, the appropriate Government
shall endeavour to develop human resource for the purposes of this Act and to that end
shall,—

(a) mandate training on disability rights in all courses for the training of
Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers;

(b) induct disability as a component for all education courses for schools, colleges
and University teachers, doctors, nurses, para-medical personnel, social welfare officers,
rural development officers, asha workers, anganwadi workers, engineers, architects,
other professionals and community workers;

(c) initiate capacity building programmes including training in independent living
and community relationships for families, members of community and other stakeholders
and care providers on care giving and support;

(d) ensure independence training for persons with disabilities to build community
relationships on mutual contribution and respect;

(e) conduct training programmes for sports teachers with focus on sports, games,
adventure activities;

(f) any other capacity development measures as may be required.

(2) All Universities shall promote teaching and research in disability studies including
establishment of study centres for such studies.

(3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government
shall in every five years undertake a need based analysis and formulate plans for the
recruitment, induction, sensitisation, orientation and training of suitable personnel to
undertake the various responsibilities under this Act.

**48. The** appropriate Government shall undertake social audit of all general schemes
and programmes involving the persons with disabilities to ensure that the scheme and
programmes do not have an adverse impact upon the persons with disabilities and need the
requirements and concerns of persons with disabilities.

CHAPTER IX

REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH

INSTITUTIONS

**49. The State Government shall appoint an authority as it deems fit to be a competent**
authority for the purposes of this Chapter.

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

Provided that an institution for care of mentally ill persons, which holds a valid licence
under section 8 of the Mental Health Act, 1987 or any other Act for the time being in force,
shall not be required to be registered under this Act.


34 of 1992.

14 of 1987.


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17

**51.** _(1) Every application for a certificate of registration shall be made to the competent_
authority in such form and in such manner as may be prescribed by the State Government.

(2) On receipt of an application under sub-section (1), the competent authority shall
make such enquiries as it may deem fit and on being satisfied that the applicant has complied
with the requirements of this Act and the rules made thereunder, it shall grant a certificate of
registration to the applicant within a period of ninety days of receipt of application and if not
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 the applicant a reasonable opportunity of being heard and every order of
refusal to grant a certificate shall be communicated to the applicant in writing.

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

(4) The certificate of registration granted under sub-section (2),—

(a) shall, unless revoked under section 52 remain in force for such period as may
be prescribed by the State Government;

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

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

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

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

(7) Every application made under sub-section (1) or sub-section (5) shall be disposed
of by the competent authority within such period as may be prescribed by the State
Government.

**52. (1) The competent authority may, if it has reason to believe that the holder of a**
certificate of registration granted under sub-section (2) of section 51 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 of registration shall not be revoked.

(2) Where a certificate of registration 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 53 against the order of revocation,
such institution shall cease to function,—

(a) where no appeal has been preferred immediately on the expiry of the period
prescribed for the filing of such appeal; or

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

(3) On the revocation of a certificate of registration 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 his or her parent, spouse or lawful guardian, as the
case may be; or


Application
and grant of
certificate of
registration.

Revocation
of
registration.


-----

Appeal.

Act not to
apply to
institutions
established or
maintained
by Central or
State
Government.

Assistance to
registered
institutions.

Guidelines for
assessment of
specified
disabilities.

Designation
of certifying
authorities.

Procedure for
certification.

Appeal against
a decision of
certifying
authority.


18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

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

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

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

(2) The order of the appellate authority on such appeal shall be final.

**54. 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.

**55. The appropriate Government may within the limits of their economic capacity and**
development, grant financial assistance to registered institutions to provide services and to
implement the schemes and programmes in pursuance of the provisions of this Act.

CHAPTER X

CERTIFICATION OF SPECIFIED DISABILITIES

**56. The Central Government shall notify guidelines for the purpose of assessing the**
extent of specified disability in a person.

**57.** _(1) The appropriate Government shall designate persons, having requisite_
qualifications and experience, as certifying authorities, who shall be competent to issue the
certificate of disability.

(2) The appropriate Government shall also notify the jurisdiction within which and the
terms and conditions subject to which, the certifying authority shall perform its certification
functions.

**58.** _(1) Any person with specified disability, may apply, in such manner as may be_
prescribed by the Central Government, to a certifying authority having jurisdiction, for
issuing of a certificate of disability.

(2) On receipt of an application under sub-section (1), the certifying authority shall
assess the disability of the concerned person in accordance with relevant guidelines notified
under section 56, and shall, after such assessment, as the case may be,—

(a) issue a certificate of disability to such person, in such form as may be
prescribed by the Central Government;

(b) inform him in writing that he has no specified disability.

(3) The certificate of disability issued under this section shall be valid across the
country.

**59.** _(1)_ Any person aggrieved with decision of the certifying authority, may appeal
against such decision, within such time and in such manner as may be prescribed by the
State Government, to such appellate authority as the State Government may designate for
the purpose.

(2) On receipt of an appeal, the appellate authority shall decide the appeal in such
manner as may be prescribed by the State Government.


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19

CHAPTER XI

CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE

**60.** _(1) The Central Government shall, by notification, constitute a body to be known_
as the Central Advisory Board on Disability to exercise the powers conferred on, and to
perform the functions assigned to it, under this Act.

(2) The Central Advisory Board shall consist of,—

(a) the Minister in charge of Department of Disability Affairs in the Central
Government, Chairperson, ex officio;

(b) the Minister of State in charge dealing with Department of Disability Affairs
in the Ministry in the Central Government, Vice Chairperson, ex officio;

(c) three Members of Parliament, of whom two shall be elected by Lok Sabha and
one by the Rajya Sabha, Members, ex officio;

(d) the Ministers in charge of Disability Affairs of all States and Administrators
or Lieutenant Governors of the Union territories, Members, ex officio;

(e) Secretaries to the Government of India in charge of the Ministries or
Departments of Disability Affairs, Social Justice and Empowerment, School Education
and Literacy, and Higher Education, Women and Child Development, Expenditure,
Personnel and Training, Administrative Reforms and Public Grievances, Health and
Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion,
Urban Development, Housing and Urban Poverty Alleviation, Science and Technology,
Communications and Information Technology, Legal Affairs, Public Enterprises, Youth
Affairs and Sports, Road Transport and Highways and Civil Aviation, Members,
_ex officio;_

(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member,
_ex officio;_

(g) Chairperson, Rehabilitation Council of India, Member, ex officio;

(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio;

(i) Chairman-cum-Managing Director, National Handicapped Finance
Development Corporation, Member, ex officio;

(j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing
Corporation, Member, ex officio;

(k) Chairman, Railway Board, Member, ex officio;

(l) Director-General, Employment and Training, Ministry of Labour and
Employment, Member, ex officio;

(m) Director, National Council for Educational Research and Training, Member,
_ex officio;_

(n) Chairperson, National Council of Teacher Education, Member, ex officio;

(o) Chairperson, University Grants Commission, Member, ex officio;

(p) Chairperson, Medical Council of India, Member, ex officio;

(q) Directors of the following Institutes:—

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

(ii) National Institute for the Mentally Handicapped, Secundrabad;

(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped,
New Delhi;

(iv) Ali Yavar Jung National Institute for the Hearing Handicapped,
Mumbai;


Constitution
of Central
Advisory
Board on
Disability.


-----

Terms and
conditions of
Service of
members.

Disqualifications.


20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(v) National Institute for the Orthopaedically Handicapped, Kolkata;
(vi) National Institute of Rehabilitation Training and Research, Cuttack;
(vii) National Institute for Empowerment of Persons with Multiple
Disabilities, Chennai;
(viii) National Institute for Mental Health and Sciences, Bangalore;
(ix) Indian Sign Language Research and Training Centre, New Delhi,
Members, ex officio;
(r) Members to be nominated by the Central Government,—
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) ten Members, as far as practicable, being persons with disabilities, to
represent non-Governmental Organisations concerned with disabilities or
disabled persons organisations:
Provided that out of the ten Members nominated, at least, five Members
shall be women and at least one person each shall be from the Scheduled Castes
and the Scheduled Tribes;
(iii) up to three representatives of national level chambers of commerce
and industry;
(s) Joint Secretary to the Government of India dealing with the subject of disability
policy, Member-Secretary, ex officio.
**61.** _(1) Save as otherwise provided under this Act, a Member of the Central Advisory_
Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a term
of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his office.
(2) The Central Government may, if it thinks fit, remove any Member nominated under
clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving
him a reasonable opportunity of showing cause against the same.
(3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any
time resign his office by writing under his hand addressed to the Central Government and the
seat of the said Member shall thereupon becomes vacant.
(4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination
and the person nominated to fill the vacancy shall hold office only for the remainder of the
term for which the Member in whose place he was so nominated.
(5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of
sub-section (2) of section 60 shall be eligible for renomination.
(6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of
sub-section (2) of section 60 shall receive such allowances as may be prescribed by the
Central Government.
**62.** _(1)_ No person shall be a Member of the Central Advisory Board, who —
(a) is, or at any time has been, adjudged insolvent or has suspended payment of
his debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the Central
Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has so abused his position in the opinion of the Central Government as a
Member so as to render his continuance in the office is prejudicial interests of the
general public.

(2) No order of removal shall be made by the Central Government under this section
unless the Member concerned has been given a reasonable opportunity of showing cause
against the same.


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21

(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section
61, a Member who has been removed under this section shall not be eligible for renomination
as a Member.

**63.** If a Member of the Central Advisory Board becomes subject to any of the
disqualifications specified in section 62, his seat shall become vacant.

**64. The Central Advisory Board 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.

**65.** _(1)_ Subject to the provisions of this Act, the Central Advisory Board on disability
shall be the national-level consultative and advisory body on disability matters, and shall
facilitate the continuous evolution of a comprehensive policy for the empowerment of persons
with disabilities and the full enjoyment of rights.

(2) In particular and without prejudice to the generality of the foregoing provisions,
the Central Advisory Board on disability shall perform the following functions, namely:—

(a) advise the Central Government and the State Governments on policies,
programmes, legislation and projects with respect to disability;

(b) develop a national policy to address issues concerning persons with
disabilities;

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

(d) take up the cause of persons with disabilities with the concerned authorities
and the international organisations with a view to provide for schemes and projects for
the persons with disabilities in the national plans;

(e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities vis-à-vis information, services and the built
environment and their participation in social life;

(f) monitor and evaluate the impact of laws, policies and programmes to achieve
full participation of persons with disabilities; and

(g) such other functions as may be assigned from time to time by the Central
Government.

**66.** _(1) Every State Government shall, by notification, constitute a body to be known_
as the State Advisory Board on disability to exercise the powers conferred on, and to perform
the function assigned to it, under this Act.

(2) The State Advisory Board shall consist of—

(a) the Minister in charge of the Department in the State Government dealing
with disability matters, Chairperson, ex officio;

(b) the Minister of State or the Deputy Minister in charge of the Department in
the State Government dealing with disability matters, if any, Vice-Chairperson, ex officio;

(c) secretaries to the State Government in charge of the Departments of Disability
Affairs, School Education, Literacy and Higher Education, Women and Child
Development, Finance, Personnel and Training, Health and Family Welfare, Rural
Development, Panchayati Raj, Industrial Policy and Promotion, Labour and Employment,
Urban Development, Housing and Urban Poverty Alleviation, Science and Technology,
Information Technology, Public Enterprises, Youth Affairs and Sports, Road Transport
and any other Department, which the State Government considers necessary, Members,
_ex officio;_

(d) three Members of the State Legislature of whom two shall be elected by the
Legislative Assembly and one by the Legislative Council, if any, and where there is no
Legislative Council, three Members shall be elected by the Legislative Assembly,
Members, ex officio;


Vacation of
seats by
Members.

Meetings of
the Central
Advisory
Board on
disability.

Functions of
Central
Advisory
Board on
disability.

State
Advisory
Board on
disability.


-----

Terms and
conditions of
service of
Members.

Disqualification.


22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(e) Members to be nominated by the State Government:—

(i) five Members who are experts in the field of disability and rehabilitation;
(ii) five Members to be nominated by the State Government by rotation to
represent the districts in such manner as may be prescribed:

Provided that no nomination under this sub-clause shall be made except
on the recommendation of the district administration concerned;
(iii) ten persons as far as practicable, being persons with disabilities, to
represent non-Governmental Organisations or associations which are concerned
with disabilities:

Provided that out of the ten persons nominated under this clause, at least,
five shall be women and at least one person each shall be from the Scheduled
Castes and the Scheduled Tribes;
(iv) not more than three representatives of the State Chamber of Commerce
and Industry;

(f) officer not below the rank of Joint Secretary in the Department dealing with
disability matters in the State Government, Member-Secretary, ex officio.

**67.** _(1) Save as otherwise provided under this Act, a Member of the State Advisory_
Board nominated under clause (e) of sub-section (2) of section 66, shall hold office for a term
of three years from the date of his nomination:

Provided that such a Member shall, notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his office.

(2) The State Government may, if it thinks fit, remove any Member nominated under
clause (e) of sub-section (2) of section 66, before the expiry of his term of office after giving
him a reasonable opportunity of showing cause against the same.

(3) A Member nominated under clause (e) of sub-section (2) of section 66 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.

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

(5) A Member nominated under sub-clause (i) or sub-clause (iii) of
clause (e) of sub-section (2) of section 66 shall be eligible for renomination.

(6) the Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of
sub-section (2) of section 66 shall receive such allowances as may be prescribed by the State
Government.

**68.** _(1) No person shall be a Member of the State Advisory Board, 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 Advisory Board detrimental to the
interests of the general public.

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


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23

(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section
67, a Member who has been removed under this section shall not be eligible for renomination
as a Member.

**69.** If a Member of the State Advisory Board becomes subject to any of the
disqualifications specified in section 68 his seat shall become vacant.

**70. The State Advisory Board shall meet at least once in every six months and shall**
observe such rules or procedure in regard to the transaction of business at its meetings as
may be prescribed by the State Government.

**71.** _(1) Subject to the provisions of this Act, the State Advisory Board shall be the_
State-level consultative and advisory body on disability matters, and shall facilitate the
continuous evolution of a comprehensive policy for the empowerment of persons with
disabilities and the full enjoyment of rights.

(2) In particular and without prejudice to the generality of the foregoing provisions,
the State Advisory Board on disability shall perform the following functions, namely:—

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

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

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

(d) take up the cause of persons with disabilities with the concerned authorities
and the international organisations with a view to provide for schemes and projects for
the persons with disabilities in the State plans;

(e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities, services and the built environment and
their participation in social life on an equal basis with others;

(f) monitor and evaluate the impact of laws, policies and programmes designed
to achieve full participation of persons with disabilities; and

(g) such other functions as may be assigned from time to time by the State
Government.

**72. The State Government shall constitute District-level Committee on disability to**
perform such functions as may be prescribed by it.

**73. No act or proceeding of the Central Advisory Board on disability, a State Advisory**
Board on disability, or a District-level Committee on disability shall be called in question on
the ground merely of the existence of any vacancy in or any defect in the constitution of
such Board or Committee, as the case may be.

CHAPTER XII

CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES

**74.** _(1) The Central Government may, by notification, appoint a Chief Commissioner for_
Persons with Disabilities (hereinafter referred to as the "Chief Commissioner") for the purposes
of this Act.

(2) The Central Government may, by notification appoint two Commissioners to assist
the Chief Commissioner, of which one Commissioner shall be a persons with disability.


Vacation of
seats.

Meetings of
State
Advisory
Board on
disability.

Functions of
State
Advisory
Board on
disability.

District-level
Committee
on disability.

Vacancies not
to invalidate
proceedings.

Appointment
of Chief
Commissioner
and
Commissioners.


-----

Functions of
Chief
Commissioner.

Action of
appropriate
authorities on
recommendation
of Chief
Commissioner.


24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(3) A person shall not be qualified for appointment as the Chief Commissioner or
Commissioner unless he has special knowledge or practical experience in respect of matters
relating to rehabilitation.

(4) The salary and allowances payable to and other terms and conditions of service
(including pension, gratuity and other retirement benefits) of the Chief Commissioner and
Commissioners shall be such as may be prescribed by the Central Government.

(5) The Central Government shall determine the nature and categories of officers and
other employees required to assist the Chief Commissioner in the discharge of his functions
and provide the Chief Commissioner with such officers and other employees as it thinks fit.

(6) The officers and employees provided to the Chief Commissioner shall discharge
their functions under the general superintendence and control of the Chief Commissioner.

(7) The salaries and allowances and other conditions of service of officers and employees
shall be such as may be prescribed by the Central Government.

(8) The Chief Commissioner shall be assisted by an advisory committee comprising of
not more than eleven members drawn from the experts from different disabilities in such
manner as may be prescribed by the Central Government.

**75. (1) The Chief Commissioner shall—**

(a) identify, suo motu or otherwise, the provisions of any law or policy, programme
and procedures, which are inconsistent with this Act and recommend necessary
corrective steps;

(b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities
and safeguards available to them in respect of matters for which the Central Government
is the appropriate Government and take up the matter with appropriate authorities for
corrective action;

(c) review the safeguards provided by or under this Act or any other law for the
time being in force for the protection of rights of persons with disabilities and recommend
measures for their effective implementation;

(d) review the factors that inhibit the enjoyment of rights of persons with
disabilities and recommend appropriate remedial measures;

(e) study treaties and other international instruments on the rights of persons
with disabilities and make recommendations for their effective implementation;

(f) undertake and promote research in the field of the rights of persons with
disabilities;

(g) promote awareness of the rights of persons with disabilities and the
safeguards available for their protection;

(h) monitor implementation of the provisions of this Act and schemes, programmes
meant for persons with disabilities;

(i) monitor utilisation of funds disbursed by the Central Government for the
benefit of persons with disabilities; and

(j) perform such other functions as the Central Government may assign.

(2) The Chief Commissioner shall consult the Commissioners on any matter while
discharging its functions under this Act.

**76. Whenever the Chief Commissioner makes a recommendation to an authority in**
pursuance of clause (b) of section 75, that authority shall take necessary action on it, and
inform the Chief Commissioner of the action taken within three months from the date of
receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall convey
reasons for non-acceptance to the Chief Commissioner within a period of three months, and
shall also inform the aggrieved person.


-----

5 of 1908.

45 of 1860.

2 of 1974.


SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25

**77.** _(1) The Chief Commissioner shall, for the purpose of discharging his functions_
under this Act, have the same powers of a civil court as are vested in a court under the Code
of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any documents;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents.

(2) Every proceeding before the Chief Commissioner shall be a judicial proceeding
within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief
Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter
XXVI of the Code of Criminal Procedure, 1973.

**78.** _(1)_ The Chief Commissioner shall submit an annual report to the Central Government
and may at any time submit special reports on any matter, which, in his opinion, is of such
urgency or importance that it shall not be deferred till submission of the annual report.

(2) The Central Government shall cause the annual and the special reports of the
Chief Commissioner to be laid before each House of Parliament, along with a memorandum of
action taken or proposed to be taken on his recommendations and the reasons for nonacceptance the recommendations, if any.

(3) The annual and special reports shall be prepared in such form, manner and contain
such details as may be prescribed by the Central Government.

**79. (1) The State Government may, by notification, appoint a State Commissioner for**
Persons with Disabilities (hereinafter referred to as the "State Commissioner") for the purposes
of this Act.

(2) A person shall not be qualified for appointment as the State Commissioner unless
he has special knowledge or practical experience in respect of matters relating to rehabilitation.

(3) The salary and allowances payable to and other terms and conditions of service
(including pension, gratuity and other retirement benefits) of the State Commissioner shall
be such as may be prescribed by the State Government.

(4) The State Government shall determine the nature and categories of officers and
other employees required to assist the State Commissioner in the discharge of his functions
and provide the State Commissioner with such officers and other employees as it thinks fit.

(5) The officers and employees provided to the State Commissioner shall discharge his
functions under the general superintendence and control of the State Commissioner.

(6) The salaries and allowances and other conditions of service of officers and employees
shall be such as may be prescribed by the State Government.

(7) The State Commissioner shall be assisted by an advisory committee comprising of
not more than five members drawn from the experts in the disability sector in such manner as
may be prescribed by the State Government.

**80. The State Commissioner shall—**

(a) identify, suo motu or otherwise, provision of any law or policy, programme
and procedures, which are in consistent with this Act, and recommend necessary
corrective steps;

(b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities
and safeguards available to them in respect of matters for which the State Government
is the appropriate Government and take up the matter with appropriate authorities for
corrective action;


Powers of
Chief
Commissioner.

Annual and
special
reports by
Chief
Commissioner.

Appointment
of State
Commissioner
in States.

Functions of
State
Commissioner.


-----

Action by
appropriate
authorities on
recommendation
of State
Commissioner.

Powers of
State
Commissioner.

Annual and
special
reports by
State
Commissioner.


26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(c) review the safeguards provided by or under this Act or any other law for the
time being in force for the protection of rights of persons with disabilities and recommend
measures for their effective implementation;

(d) review the factors that inhibit the enjoyment of rights of persons with
disabilities and recommend appropriate remedial measures;

(e) undertake and promote research in the field of the rights of persons with
disabilities;

(f) promote awareness of the rights of persons with disabilities and the safeguards
available for their protection;

(g) monitor implementation of the provisions of this Act and schemes, programmes
meant for persons with disabilities;

(h) monitor utilisation of funds disbursed by the State Government for the benefits
of persons with disabilities; and

(i) perform such other functions as the State Government may assign.

**81. Whenever the State Commissioner makes a recommendation to an authority**
in pursuance of clause (b) of section 80, that authority shall take necessary action on it,
and inform the State Commissioner of the action taken within three months from the
date of receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall
convey reasons for non-acceptance to the State Commissioner for Persons
with Disabilities within the period of three months, and shall also inform the aggrieved
person.

**82. (1) The State Commissioner shall, for the purpose of discharging their functions**
under this Act, have the same powers of a civil court as are vested in a court under the Code
of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any documents;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents.

(2) Every proceeding before the State Commissioner shall be a judicial proceeding
within the meaning of sections 193 and 228 of the Indian Penal Code and the State
Commissioners shall be deemed to be a civil court for the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973.

**83. (1) The State Commissioner shall submit an annual report to the State Government**
and may at any time submit special reports on any matter, which, in its opinion, is of such
urgency or importance that it shall not be deferred till submission of the annual report.

(2) The State Government shall cause the annual and the special reports of the State
Commissioner for persons with disabilities to be laid before each House of State Legislature
where it consists of two Houses or where such Legislature consist of one House, before that
House along with a memorandum of action taken or proposed to be taken on the
recommendation of the State Commissioner and the reasons for non-acceptance the
recommendations, if any.

(3) The annual and special reports shall be prepared in such form, manner and contain
such details as may be prescribed by the State Government.


5 of 1908.

45 of 1860.

2 of 1974.


-----

6 of 1890.


SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27

CHAPTER XIII

SPECIAL COURT

**84. For the purpose of providing speedy trial, the State Government shall, with the**
concurrence of the Chief Justice of the High Court, by notification, specify for each district,
a Court of Session to be a Special Court to try the offences under this Act.

**85.** _(1) For every Special Court, the State Government may, by notification, specify_
a Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not
less than seven years, as a Special Public Prosecutor for the purpose of conducting cases
in that Court.

(2) The Special Public Prosecutor appointed under sub-section (1) shall be entitled
to receive such fees or remuneration as may be prescribed by the State Government.

CHAPTER XIV

NATIONAL FUND FOR PERSONS WITH DISABILITIES

**86. (1) There shall be constituted a Fund to be called the National Fund for persons**
with disabilities and there shall be credited thereto—

(a) all sums available under the Fund for people with disabilities, constituted
_vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for_
Empowerment of Persons with Disabilities, constituted vide notification No. 30-03/
2004-DDII, dated the 21st November, 2006, under the Charitable Endowment
Act, 1890.

(b) all sums payable by banks, corporations, financial institutions in pursuance
of judgment dated the 16th April, 2004 of the Hon’ble Supreme Court in Civil Appeal
Nos. 4655 and 5218 of 2000;

(c) all sums received by way of grant, gifts, donations, benefactions, bequests
or transfers;

(d) all sums received from the Central Government including grants-in-aid;

(e) all sums from such other sources as may be decided by the Central
Government.

(2) The Fund for persons with disabilities shall be utilised and managed in such
manner as may be prescribed.

**87.** _(1) The Central Government shall maintain proper accounts and other relevant_
records and prepare an annual statement of accounts of the Fund including the income and
expenditure accounts in such form as may be prescribed in consultation with the Comptroller
and Auditor-General of India.

(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General
of India at such intervals as may be specified by him and any expenditure incurred by him
in connection with such audit shall be payable from the Fund to the Comptroller and AuditorGeneral of India.

(3) The Comptroller and Auditor-General of India and any other person appointed
by him in connection with the audit of the accounts of the Fund shall have the same rights,
privileges and authority in connection with such audit as the Comptroller and AuditorGeneral of India generally has in connection with the audit of the Government accounts,
and in particular, shall have the right to demand production of books of account, connected
vouchers and other documents and papers and to inspect any of the offices of the Fund.

(4) The accounts of the Fund as certified by the Comptroller and Auditor-General
of India or any other person appointed by him in this behalf, together with the audit report
thereon, shall be laid before each House of Parliament by the Central Government.


Special Court.

Special Public
Prosecutor.

National Fund
for persons
with
disabilities.

Accounts and
audit.


-----

State Fund for
persons with
disabilities.

Punishment for
contravention
of provisions
of Act or rules
or regulations
made
thereunder.

Offences by
companies.


28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER XV

STATE FUND FOR PERSONS WITH DISABILITIES

**88. (1) There shall be constituted a Fund to be called the State Fund for persons with**
disabilities by a State Government in such manner as may be prescribed by the State
Government.

(2) The State Fund for persons with disabilities shall be utilised and managed in such
manner as may be prescribed by the State Government.

(3) Every State Government shall maintain proper accounts and other relevant records
of the State Fund for persons with disabilities including the income and expenditure accounts
in such form as may be prescribed by the State Government in consultation with the
Comptroller and Auditor-General of India.

(4) The accounts of the State Fund for persons with disabilities shall be audited by the
Comptroller and Auditor-General of India at such intervals as may be specified by him and
any expenditure incurred by him in connection with such audit shall be payable from the
State Fund to the Comptroller and Auditor-General of India.

(5) The Comptroller and Auditor-General of India and any person appointed by him
in connection with the audit of the accounts of the State Fund for persons with disabilities
shall have the same rights, privileges and authority in connection with such audit as the
Comptroller and Auditor-General of India generally has in connection with the audit of the
Government accounts, and in particular, shall have right to demand production of books of
accounts, connected vouchers and other documents and papers and to inspect any of the
offices of the State Fund.

(6) The accounts of the State Fund for persons with disabilites as certified by the
Comptroller and Auditor-General of India or any other person appointed by him in this behalf
together with the audit report thereon shall be laid before each House of the State Legislature
where it consists of two Houses or where such Legislature consists of one House before that
House.

CHAPTER XVI

OFFENCES AND PENALTIES

**89. Any person who contravenes any of the provisions of this Act, or of any rule made**
thereunder shall for first contravention be punishable with fine which may extend to ten
thounsand rupees and for any subsequent contravention with fine which shall not be less
than fifty thousand rupees but which may extend to five lakh rupees.

**90. (1) Where an offence under this Act has been committed by a company, every**
person who at the time the offence was committed, was in charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:

Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part
of any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

_Explanation.—For the purposes of this section,—_

(a) “company” means any body corporate and includes a firm or other association
of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

**91. Whoever, fraudulently avails or attempts to avail any benefit meant for persons**
with benchmark disabilities, shall be punishable with imprisonment for a term which may
extend to two years or with fine which may extend to one lakh rupees or with both.

**92. Whoever,—**

(a) intentionally insults or intimidates with intent to humiliate a person with
disability in any place within public view;

(b) assaults or uses force to any person with disability with intent to dishonour
him or outrage the modesty of a woman with disability;

(c) having the actual charge or control over a person with disability voluntarily
or knowingly denies food or fluids to him or her;

(d) being in a position to dominate the will of a child or woman with disability and
uses that position to exploit her sexually;

(e) voluntarily injures, damages or interferes with the use of any limb or sense or
any supporting device of a person with disability;

(f) performs, conducts or directs any medical procedure to be performed on a
woman with disability which leads to or is likely to lead to termination of pregnancy
without her express consent except in cases where medical procedure for termination
of pregnancy is done in severe cases of disability and with the opinion of a registered
medical practitioner and also with the consent of the guardian of the woman with
disability,

shall be punishable with imprisonment for a term which shall not be less than six months but
which may extend to five years and with fine.

**93. Whoever, fails to produce any book, account or other documents or to furnish any**
statement, information or particulars which, under this Act or any order, or direction made or
given thereunder, is duty bound to produce or furnish or to answer any question put in
pursuance of the provisions of this Act or of any order, or direction made or given thereunder,
shall be punishable with fine which may extend to twenty-five thousand rupees in respect of
each offence, and in case of continued failure or refusal, with further fine which may extend
to one thousand rupees for each day, of continued failure or refusal after the date of original
order imposing punishment of fine.

**94. No Court shall take cognizance of an offence alleged to have been committed by an**
employee of the appropriate Government under this Chapter, except with the previous sanction
of the appropriate Government or a complaint is filed by an officer authorised by it in this
behalf.

**95. Where an act or omission constitutes an offence punishable under this Act and**
also under any other Central or State Act, then, notwithstanding anything contained in any
other law for the time being in force, the offender found guilty of such offence shall be liable
to punishment only under such Act as provides for punishment which is greater in degree.


Punishment for
fraudulently
availing any
benefit meant
for persons
with benchmark
disabilities.

Punishment
for offences
of atrocities.

Punishment
for failure to
furnish
information.

Previous
sanction of
appropriate
Government.

Alternative
punishments.


-----

Application
of other laws
not barred.

Protection of
action taken
in good faith.

Power to
remove
difficulties.

Power to
amend
Schedule.

Power of
Central
Government
to make
rules.


30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER XVII

MISCELLANEOUS

**96. The provisions of this Act shall be in addition to, and not in derogation of, the**
provisions of any other law for the time being in force.

**97.** No suit, prosecution or other legal proceeding shall lie against the appropriate
Government or any officer of the appropriate Government or any officer or employee of the
Chief Commissioner or the State Commissioner for anything which is in good faith done or
intended to be done under this Act or the rules made thereunder.

**98.** _(1) If any difficulty arises in giving effect to the provisions of this Act, the Central_
Government may, by order, published in the Official Gazette, make such provisions or give
such directions, not inconsistent with the provisions of this Act, as may appear to it to be
necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of the
period of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid as soon as may be, after it is made,
before each House of Parliament.

**99.** _(1) On the recommendations made by the appropriate Government or otherwise, if_
the Central Government is satisfied that it is necessary or expedient so to do, it may, by
notification, amend the Schedule and any such notification being issued, the Schedule shall
be deemed to have been amended accordingly.

(2) Every such notification shall, as soon as possible after it is issued, shall be laid
before each House of Parliament.

**100. (1) The Central Government may, subject to the condition of previous publication,**
by notification, make rules for carrying out the provisions of this Act.

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

(a) the manner of constituting the Committee for Research on Disability under
sub-section (2) of section 6;

(b) the manner of notifying the equal opportunity policy under sub-section (1)
of section 21;

(c) the form and manner of maintaining records by every establishment under
sub-section (1) of section 22;

(d) the manner of maintenance of register of complaints by grievance redressal
officer under sub-section (3) of section 23;

(e) the manner of furnishing information and return by establishment to the
Special Employment Exchange under section 36;

(f) the composition of the Assessment Board under sub-section (2) and manner
of assessment to be made by the Assessment Board under sub-section (3) of
section 38;

(g) rules for person with disabilites laying down the standards of accessibility
under section 40;

(h) the manner of application for issuance of certificate of disability under
sub-section (1) and form of certificate of disability under sub-section (2) of section 58;

(i) the allowances to be paid to nominated Members of the Central Advisory
Board under sub-section (6) of section 61;

(j) the rules of procedure for transaction of business in the meetings of the
Central Advisory Board under section 64;


-----

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31

(k) the salaries and allowances and other conditions of services of
Chief Commissioner and Commissioners under sub-section (4) of section 74;

(l) the salaries and allowances and conditions of services of officers and staff of
the Chief Commissioner under sub-section (7) of section 74;
(m) the composition and manner of appointment of experts in the advisory
committee under sub-section (8) of section 74;

(n) the form, manner and content of annual report to be prepared and submitted
by the Chief Commissioner under sub-section (3) of section 78;
(o) the procedure, manner of utilisation and management of the Fund under
sub-section (2) of section 86; and

(p) the form for preparation of accounts of Fund under sub-section (1) of
section 87.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.

**101.** _(1) The State Government may, subject to the condition of previous publication,_
by notification, make rules for carrying out the provisions of this Act, not later than
six months from the date of commencement of this Act.

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

(a) the manner of constituting the Committee for Research on Disablity under
sub-section (2) of section 5;

(b) the manner of providing support of a limited guardian under sub-section (1)
of section 14;

(c) the form and manner of making an application for certificate of registration
under sub-section (1) of section 51;

(d) the facilities to be provided and standards to be met by institutions for grant
of certificate of registration under sub-section (3) of section 51;

(e) the validity of certificate of registration, the form of, and conditions attached
to, certificate of registration under sub-section (4) of section 51;

(f) the period of disposal of application for certificate of registration under
sub-section (7) of section 51;

(g) the period within which an appeal to be made under sub-section (1) of
section 53;

(h) the time and manner of appealing against the order of certifying authority
under sub-section (1) and manner of disposal of such appeal under sub-section (2) of
section 59;

(i) the allowances to be paid to nominated Members of the State Advisory Board
under sub-section (6) of section 67;

(j) the rules of procedure for transaction of business in the meetings of the State
Advisory Board under section 70;

(k) the composition and functions of District Level Committee under section 72;


Power of State
Government
to make rules.


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32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(l) salaries, allowances and other conditions of services of the State Commissioner
under sub-section (3) of section 79;

(m) the salaries, allowances and conditions of services of officers and staff of
the State Commissioner under sub-section (3) of section 79;

(n) the composition and manner of appointment of experts in the advisory
committee under sub-section (7) of section 79;

(o) the form, manner and content of annual and special reports to be prepared
and submitted by the State Commissioner under sub-section (3) of section 83;

(p) the fee or remuneration to be paid to the Special Public Prosecutor under
sub-section (2) of section 85;

(q) the manner of constitution of State Fund for persons with disabilities under
sub-section (1), and the manner of utilisation and management of State Fund under
sub-section (2) of section 88;

(r) the form for preparation of accounts of the State Fund for persons with
disabilities under sub-section (3) of section 88.

(3) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such State Legislature consists of one House, before that House.

Repeal and **102.** _(1)_ The Persons with Disabilities (Equal Opportunity Protection of Rights and 1 of 1996.
savings. Full Participation) Act, 1995 is hereby repealed.

(2) Notwithstanding the repeal of the said Act, anything done or any action taken
under the said Act, shall be deemed to have been done or taken under the corresponding
provisions of this Act.


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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33

THE SCHEDULE

[See clause (zc) of section 2]

SPECIFIED DISABILITY

1. Physical disability.—

A. Locomotor disability (a person's inability to execute distinctive activities
associated with movement of self and objects resulting from affliction of musculoskeletal
or nervous system or both), including—

(a) "leprosy cured person" means a person who has been cured of leprosy
but is suffering from—

(i) loss of sensation in hands or feet as well as loss of sensation and
paresis in the eye and eye-lid but with no manifest deformity;

(ii) manifest deformity and paresis but having sufficient mobility in
their hands and feet to enable them to engage in normal economic activity;

(iii) extreme physical deformity as well as advanced age which
prevents him/her from undertaking any gainful occupation, and the
expression "leprosy cured" shall construed accordingly;

(b) "cerebral palsy" means a Group of non-progressive neurological
condition affecting body movements and muscle coordination, caused by damage
to one or more specific areas of the brain, usually occurring before, during or
shortly after birth;

(c) "dwarfism" means a medical or genetic condition resulting in an adult
height of 4 feet 10 inches (147 centimeters) or less;

(d) "muscular dystrophy" means a group of hereditary genetic muscle
disease that weakens the muscles that move the human body and persons with
multiple dystrophy have incorrect and missing information in their genes, which
prevents them from making the proteins they need for healthy muscles. It is
characterised by progressive skeletal muscle weakness, defects in muscle
proteins, and the death of muscle cells and tissue;

(e) "acid attack victims" means a person disfigured due to violent assaults
by throwing of acid or similar corrosive substance.

B. Visual impairment—

(a) "blindness" means a condition where a person has any of the following
conditions, after best correction—

(i) total absence of sight; or

(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the
better eye with best possible correction; or

(iii) limitation of the field of vision subtending an angle of less than
10 degree.

(b) "low-vision" means a condition where a person has any of the following
conditons, namely:—

(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or
upto 10/200 (Snellen) in the better eye with best possible corrections; or


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34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(ii) limitation of the field of vision subtending an angle of less than
40 degree up to 10 degree.

C. Hearing impairment—

(a) "deaf" means persons having 70 DB hearing loss in speech frequencies
in both ears;

(b) "hard of hearing" means person having 60 DB to 70 DB hearing loss in
speech frequencies in both ears;

D. "speech and language disability" means a permanent disability arising out of
conditions such as laryngectomy or aphasia affecting one or more components of
speech and language due to organic or neurological causes.

2. Intellectual disability, a condition characterised by significant limitation both in
intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour
which covers a range of every day, social and practical skills, including—

(a) "specific learning disabilities" means a heterogeneous group of conditions
wherein there is a deficit in processing language, spoken or written, that may manifest
itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical
calculations and includes such conditions as perceptual disabilities, dyslexia,
dysgraphia, dyscalculia, dyspraxia and developmental aphasia;

(b) "autism spectrum disorder" means a neuro-developmental condition typically
appearing in the first three years of life that significantly affects a person's ability to
communicate, understand relationships and relate to others, and is frequently associated
with unusal or stereotypical rituals or behaviours.

3. Mental behaviour,—

"mental illness" means a substantial disorder of thinking, mood, perception,
orientation or memory that grossly impairs judgment, behaviour, capacity to recognise
reality or ability to meet the ordinary demands of life, but does not include retardation
which is a conditon of arrested or incomplete development of mind of a person, specially
characterised by subnormality of intelligence.

4. Disability caused due to—

(a) chronic neurological conditions, such as—

(i) "multiple sclerosis" means an inflammatory, nervous system disease in
which the myelin sheaths around the axons of nerve cells of the brain and spinal
cord are damaged, leading to demyelination and affecting the ability of nerve
cells in the brain and spinal cord to communicate with each other;

(ii) "parkinson's disease" means a progressive disease of the nervous
system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly
affecting middle-aged and elderly people associated with degeneration of the
basal ganglia of the brain and a deficiency of the neurotransmitter dopamine.

(b) Blood disorder—

(i) "haemophilia" means an inheritable disease, usually affecting only
male but transmitted by women to their male children, characterised by loss or
impairment of the normal clotting ability of blood so that a minor would may
result in fatal bleeding;

(ii) "thalassemia" means a group of inherited disorders characterised by
reduced or absent amounts of haemoglobin.

(iii) "sickle cell disease" means a hemolytic disorder characterised by
chronic anemia, painful events, and various complications due to associated


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SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35

tissue and organ damage; "hemolytic" refers to the destruction of the cell
membrane of red blood cells resulting in the release of hemoglobin.

5. Multiple Disabilities (more than one of the above specified disabilities) including
deaf blindness which means a condition in which a person may have combination of
hearing and visual impairments causing severe communication, developmental, and
educational problems.

6. Any other category as may be notified by the Central Government.

————

DR. G. NARAYANA RAJU,
_Secretary to the Govt. of India._

UPLOADED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

GMGIPMRND—4011GI(S3)—28-12-2016. MANOJ Digitally signed by MANOJ KUMAR Date: 2016.12.28
## KUMAR 23:32:17 +05'30'


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