Disabilities Bill-2013

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Cabinet Approved Bill as on 12.12.2013

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The Rights of Persons with Disabilities Bill, 2013

A Bill
To give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. WHEREA the United Nations !eneral Assembl" ado#ted its Convention on the Rights of Persons with Disabilities on the $%th da" of December&'(()* AND WHEREA the aforesaid Convention la"s down the following #rinci#les for em#owerment of #ersons with disabilities. a+ res#ect for inherent dignit"& individ,al a,tonom" incl,ding the freedom to ma-e one.s own choices& and inde#endence of #ersons* b+ non/discrimination* c+ f,ll and effective #artici#ation and incl,sion in societ"* d+ res#ect for difference and acce#tance of #ersons with disabilities as #art of h,man diversit" and h,manit"* e+ e0,alit" of o##ort,nit"* f+ accessibilit"* g+ e0,alit" between men and women* h+ res#ect for the evolving ca#acities of children with disabilities and res#ect for the right of children with disabilities to #reserve their identities* AND WHEREA 1ndia is a signator" to the said Convention* AND WHEREA 1ndia ratified the said Convention on the $st da" of 2ctober&'((3* AND WHEREA it is considered necessar" to im#lement the Convention aforesaid. 4E it enacted b" Parliament in the i5t"/fo,rth "ear of the Re#,blic of 1ndia as follows6/

CHAPTER 1 PRELI I!AR"
Short title, extent and commencement
$. 7i+ This Act ma" be called the Rights for Persons with Disabilities Act& '($%. 7ii+ 1t e5tends to the whole of 1ndia e5ce#t the tate of 8amm, and 9ashmir. 7iii+ 1t shall come into force on s,ch date as the Central !overnment ma"& b" notification in the 2ffiicial !a:ette& a##oint.

Definitions
'. 1n this Act& ,nless the conte5t otherwise re0,ires6/ 7a+ ;a##ellate a,thorit"< means an a,thorit" notified ,nder s,b/section 7$+ of section =' or designated ,nder s,b/section7$+ of section =>& as the case ma" be* 7b+ ;a##ro#riate !overnment< means 7i+ in relation to the Central !overnment or an" establishment wholl" or s,bstantiall" financed b" that !overnment& or a Cantonment 4oard constit,ted ,nder the Cantonment Act& $?'@& the Central !overnment* 6 7Remar-s 6 ' of $?'@+ 7ii+ in relation to a tate !overnment or an" establishment& wholl" or s,bstantiall" financed b" that !overnment& or an" local a,thorit"& other than a Cantonment 4oard& the tate !overnment. 7c+ ;barrier< means an" factor incl,ding comm,nicational& c,lt,ral& economic& environmental& instit,tional& #olitical& social or str,ct,ral factors which ham#ers the f,ll and effective #artici#ation of #ersons with disabilities in societ"* 7d+ ;care/giver< means an" #erson incl,ding #arents and other famil" Aembers who with or witho,t #a"ment #rovides care& s,##ort or assistance to a #erson with disabilit"* 7e+ ;certif"ing a,thorit"< means an a,thorit" designated ,nder s,b/section 7$+ of section =)* 7f+ ;comm,nication< incl,des means and formats of comm,nication& lang,ages& dis#la" of te5t& 4raille& tactile comm,nication& signs& large #rint& accessible m,ltimedia& written& a,dio& #lain/lang,age& h,man/reader a,gmentative and alternative modes and accessible information and comm,nication technolog"* 7g+ ;com#etent a,thorit"< means an a,thorit" a##ointed ,nder section/@>* 7h+ ;establishment< means a cor#oration established b" or ,nder a Central Act or tate Act or an a,thorit" or a bod" owned or controlled or aided b" the !overnment or a local a,thorit" or a !overnment com#an" as defiend in section '

of the Com#anies Act& '($% and incl,des De#artment of a !overnment* 6 7remar-s 6 $> of '($%+ 7i+ ;B,nd< means the National B,nd constit,ted ,nder section $((* 7C+ ;high s,##ort< means an intensive s,##ort& #h"sical& #s"chological and otherwise& which ma" be re0,ired b" a #erson with benchmar- disabilit" for dail" activities& accessing facilities and #artici#ating in all areas of life incl,ding ed,cation& em#lo"ment& famil" and comm,nit" life and treatment and thera#"* 7-+ ;incl,sive ed,cation< means a s"stem of ed,cation wherein st,dents with and witho,t disabilit" learn together and the s"stem of teaching and learning is s,itabl" ado#ted to meet the learning needs of different t"#es of st,dents with disabilities* 7l+ ;instit,tion< means an instit,tion for the rece#tion& care& #rotection& ed,cation& training& rehabilitation and an" other activities for #ersons with disabilities* 7m+;local a,thorit"< means a A,nici#alit" or a Pancha"at& as defined in cla,se 7e+ and cla,se 7f+ of article '@%P of the Constit,tion* a Cantonment 4oard constit,ted ,nder section $( of the Cantonments Act& '(()* and an" other a,thorit" established ,nder an Act of Parliament or a tate Degislat,re to administer the civic affairs* 6 7Remar-s 6 @$ of '(()+ 7n+ ;National Commission< means the National Commission for #ersons with disabilities constit,ted ,nder section 3%. 7o+ ;notification< means a notification #,blished in the 2fficial !a:ette and the e5#ression ;notif"< shall be constr,ed accordingl"* 7#+ ;#erson with benchmar- disabilit"< means a #erson with not less than fort" #ercent of a s#ecified disabilit" where s#ecified disabilit" has not been defined in meas,rable terms and incl,des a #erson with disabilit" where s#ecified disabilit" has been defined in meas,rable terms& as certified b" the certif"ing a,thorit"* 70+ ;#erson with disabilit"< means a #erson with long term #h"sical& mental& intellect,al or sensor" im#airment which hinder his f,ll and effective #artici#ation in societ" e0,all" with others* 7r+ ;#erson with disabilit" having high s,##ort needs< means a #erson with benchmar- disabilit" certified ,nder cla,se 7a+ of s,b/section7'+ of section =3 who needs high s,##ort* 7s+ ;#rescribed< means #rescribed b" r,les made ,nder this Act* 7t+ ;reasonable accommodation< means necessar" and a##ro#riate modification and adC,stments& witho,t im#osing a dis#ro#ortionate or ,nd,e b,rden in a #artic,lar case& to ens,re to #ersons with disabilities the enCo"ment or e5ercise of rights e0,all" with others* 7,+ ;registered organi:ation< means an association of #ersons with disabilities or a disabled #erson organi:ation& association of #arents of #ersons with disabilities& association of #ersons with disabilities and famil" members& or a vol,ntar" or non/governmental or charitable organi:ation or tr,st& societ"& non/#rofit com#an" wor-ing for the welfare of the #ersons with disabilities& d,l" registered ,nder an Act of Parliament or a tate Degislat,re* 7v+ ;rehabilitation< refers to a #rocess aimed at enabling #erson with disabilities to attain and maintain o#timal& #h"sical& sensor"& intellect,al& #s"chiatric or social f,nction levels*

7w+ ; #ecial Em#lo"ment E5change< means an" office or #lace established and maintained b" the !overnment for the collection and f,rnishing of information& either b" -ee#ing of registers or otherwise& regarding* 7i+ #ersons who see- to engage em#lo"ees from amongst the #ersons s,ffering from disabilities* 7ii+ #ersons with benchmar- disabilit" who see- em#lo"ment* 7iii+ vacancies to which #ersons with benchmar- disabilities see-ing em#lo"ment ma" be a##ointed. 75+ ;s#ecified disabilit"< means the disabilities as s#ecified in the ched,le* 7"+ ; tate Commission< means a tate Commission for #ersons with disabilities constit,ted ,nder section >) of this Act* 7:+ ;,niversal design< means the design of #rod,cts& environments& #rogrammes and services to be ,sable b" all #eo#le to the greatest e5tent #ossible& witho,t the need for ada#tation or s#eciali:ed design and shall a##l" to assistive devices incl,ding advanced technologies for #artic,lar gro,# of #ersons with disabilities.

CHAPTER 2 RI#HT$ A!D E!TITLE E!T$
Equality and non-discrimination
%. 7$+ The a##ro#riate !overnment shall ens,re that the #ersons with disabilities enCo" the right to e0,alit"& life with dignit" and res#ect for his or her integrit" e0,all" with others. 7'+ The a##ro#riate !overnment shall ta-e s#ecial meas,res to #rotect the rights of women and children with disabilit" and also ta-e ste#s to ,tili:e the ca#acit" of #ersons with disabilities b" #roviding a##ro#riate environment. 7%+ No #erson with disabilit" shall be discriminated on the gro,nd of disabilit"& ,nless it is shown that the im#,gned act or omission is a##ro#riate to achieve a legitimate aim. 7@+ No #erson shall be de#rived of his or her #ersonal libert" onl" on the gro,nd of disabilit".

Community Life
@. 7$+ The #erson with disabilit" shall have the right to live in the comm,nit". 7'+ The a##ro#riate !overnment shall endevao,r that the #ersons with disabilities are6/

7a+ not obliged to live in an" #artic,lar living arrangement* and 7b+ given access to a range of in/ho,se& residential and other comm,nit" s,##ort services& incl,ding #ersonal assistance necessar" to s,##ort living with d,e regard to age and gender.

Protection from inhuman treatment
=. 7$+ The a##ro#riate !overnment shall ta-e meas,res to #rotect #erson with disabilit" from being s,bCected to tort,re& cr,el& inh,man or degrading treatment. 7'+ No #erson with disabilit" shall be a s,bCect of an" research witho,t/ 7i+ 7ii+ his or her free and informed consent obtained thro,gh accessible modes& means and formats of comm,nication* and #rior #ermission of an Ethics Committee constit,ted in the #rescribed manner for the #,r#ose b" the a##ro#riate !overnment in which not less than half of the Aembers shall themselves be either #erson with disabilit" or Aembers of the registered organi:ation as defined ,nder cla,se 7,+ of section '.

Protection from abuse, violence and exploitation.
). 7$+ The a##ro#riate !overnment shall ta-e meas,res to #rotect #ersons with disabilities from all forms of ab,se& violence and e5#loitation& and to #revent the same& shall6/ 7a+ ta-e cogni:ance of incidents of ab,se& violence and e5#loitation and #rovide legal remedies available against s,ch incidents* 7b+ ta-e ste#s for avoiding s,ch incidents and #rescribe the #roced,re for its re#orting* 7c+ ta-e ste#s to resc,e& #rotect and rehabilitate victims of s,ch incidents* and 7d+ create awareness and ma-e available information among the #,blic. 7'+ An" #erson or registered organi:ation who or which has reason to believe that an act of ab,se& violence or e5#loitation has been & or is being& or is li-el" to be committed against an" #erson with disabilit"& ma" give information abo,t it to the E5ec,tive Aagistrate within the local limits of whose C,risdiction s,ch incidents occ,r. 7%+ The E5ec,tive Aagistrate on recei#t of s,ch information& shall ta-e immediate ste#s to sto# or #revent its occ,rrence& as the case ma" be& or #ass s,ch order as he deems fit for the #rotection of s,ch #erson with disabilit" incl,ding an order6/

7a+ to resc,e the victim of s,ch act& a,thori:ing the #olice or na" organi:ation wor-ing for #ersons with disabilities to #rovide for the safe c,stod" or rehabilitation of s,ch #erson& or both& as the case ma" be* 7b+ for #roviding #rotective c,stod" to the #erson with disabilit"& if s,ch #erson so desires* 7c+ to #rovide maintenance to s,ch #erson with disabilit". 7@+ An" #olice officer who receives a com#laint or otherwise comes to -now of ab,se& violence or e5#loitation towards an" #erson with disabilit" shall inform the aggrieved #erson of6/ 7a+ his or her right to a##l" for #rotection ,nder s,b/section7'+ and the #artic,lars of the E5ec,tive Aagistrate having C,risdiction to #rovide assistance* 7b+ the #artic,lars of the nearest organi:ation or instit,tion wor-ing for the rehabilitation of #ersons with disabilities* 7c+ the right to free legal aid* 7d+ the right to file a com#laint ,nder the #rovisions of this Act or an" other law dealing with s,ch offence6 Provided that nothing in this section shall be constr,ed in an" manner as to relieve the #olice officer from his d,t" to #roceed in accordance with law ,#on recei#t of information as to the commission of a cogni:able offence. 7=+ 1f the E5ec,tive Aagistrate finds that the alleged act or behavio,r constit,tes an offence ,nder the 1ndian Penal Code& or ,nder an" other law for the time being in force& he ma" forward the com#laint to that effect to the 8,dicial or Aetro#olitan Aagistrate& as the case ma" be& having C,risdiction in the matter. 7Remar-s 6 @= of $>)(+

Protection and safety
3. 7$+ The #ersons with disabilities shall have e0,al #rotection and safet" in sit,ations of ris-& armed conflict& h,manitarian emergencies and nat,ral disasters. 7'+ The National Disaster Aanagement A,thorit" and the tate Disaster Aanagement A,thorit" shall ta-e a##ro#riate meas,res to ens,re incl,sion of #ersons with disabilities in its disaster management activities as defined ,nder cla,se 7e+ of section ' of the Disaster Aanagement Act& '((= for the safet" and #rotection of #ersons with disabilities. 7Remar-s 6 =% of '((=+ 7%+ The District Disaster Aanagement A,thorit" constit,ted ,nder section '= of the Disaster Aanagement Act& '((= shall maintain record of details of #ersons with disabilities in the district and ta-e s,itable meas,res to inform s,ch #ersons of an" sit,ations of ris- so as to enhance disaster #re#aredness. 7Remar-s 6 =% of '((=+ 7@+ The a,thorities engaged in reconstr,ction activities s,bse0,ent to an" sit,ation of ris-& armed conflict or nat,ral disasters shall ,nderta-e s,ch activities& in cons,ltation

with the concerned tate Commission& in accordance with the accessibilit" re0,irements of #ersons with disabilities.

ome and family
>. 7$+ N2 child with disabilit" shall be se#arated from his or her #arents on the gro,nd of disabilit" e5ce#t on an order of com#etent co,rt& if re0,ired& in the best interest of the child. 7'+ Where the #arents are ,nable to ta-e care of a child with disabilit"& the com#etent co,rt shall #lace s,ch child with his or her near relations& and failing that within the comm,nit" in a famil" setting or in e5ce#tional cases in shelter homes r,n b" the a##ro#riate !overnment or non/governmental organi:ations& as ma" be re0,ired.

!eproductive
?. 7$+ The a##ro#riate !overnment shall ens,re that #ersons with disabilities have access to a##ro#riate information regarding re#rod,ctive and famil" #lanning. 7'+ No #erson with disabilit" shall be s,bCect to an" medical #roced,re which leasds to infertilit" witho,t his or her free and informed consent.

"ccessibility in votin#
$(. The Election Commission of 1ndia and the tate Election Commissions shall ens,re that all #olling stations are accessible to #ersons with disabilities and all materials related to the electoral #rocess are easil" ,nderstandable b" and accessible to them.

"ccess to $ustice
$$. 7$+ The a##ro#riate !overnment shall ens,re that #ersons with disabilities are able to e5ercise the right to access an" co,rt& trib,nal& a,thorit"& commission or an" other bod" having C,dicial or 0,asi/C,dicial or investigative #owers witho,t discrimination on the basis of disabilit". 7'+ The a##ro#riate !overnment shall ta-e ste#s to #,t in #lace s,itable s,##ort meas,res for #ersons with disabilities s#eciall" those living o,tside famil" and those disabled re0,iring high s,##ort for e5ercising legal rights. 7%+ The National Degal ervices A,thorit" and the tate Degal ervices A,thorities constit,ted ,nder the Degal ervices A,thorities Act& $?>3 shall ma-e #rovisions

incl,ding reasonable accommodations to ens,re that #ersons with disabilities have access to an" scheme& #rogramme& facilit" or service offered b" them e0,all" with others. 7Remar-s 6 %? of $?>3+ 7@+ The a##ro#riate !overnment shall ta-e ste#s to6/ 7a+ ens,re that all the their #,blic doc,ments are in a accessible formats* 7b+ ens,re that filing de#artments& registr" or an" other office of records are s,##lied with necessar" e0,i#ment to enable filing& storing and referring to the doc,ments and evidence in accessible formats* and 7c+ ma-e available all necessar" facilities and e0,i#ment to facilitate recording of testimonies& arg,ments or o#inion given b" #ersons with disabilities in their #referred lang,age and means of comm,nications.

Le#al capacity
$'. 7$+ The a##ro#riate !overnment shall ens,re that the #erson with disabilities have right& e0,all" with others& to own or inherit #ro#ert"& movable or immovable& control their financial affairs and have access to ban- loans& mortgages and other forms of financial credit. 7'+ When a conflict of interest arises between a #erson #roviding s,##ort and a #ersons with disabilit" in a #artic,lar financial& #ro#ert" or other economic transaction& then s,ch s,##orting #erson shall abstain from #roviding s,##ort to the #erson with disabilit" in that transaction6 Provided that there shall not be a #res,m#tion of conflict of interest C,st b" blood& affinit" or ado#tion. 7%+ A #erson with disabilit" ma" alter& modif" or dismantle an" s,##ort arrangement and see- the s,##ort of another6 Provided that s,ch alteration& modification or dismantling shall be #ros#ective in nat,re and shall not n,llif" an" third #art" transaction entered into b" the #erson with disabilit" with the aforesaid s,##ort arrangement. 7@+ An" #erson #roviding s,##ort to the #erson with disabilit" shall not e5ercise ,nd,e infl,ence and shall res#ect his or her a,tonom"& dignit" and #rivac".

Provision for #uardianship
$%. 7$+ Notwithstanding an"thing contained in an" other law for the time being in force& on and from the date of commencement of this Act& where a District Co,rt records a finding that a mentall" ill #erson is inca#able of ta-ing care of himself or herself and of

ta-ing an" legall" binding decisions on his or her own& it shall ma-e an order for a##ointment of limited g,ardian to ta-e care of s,ch mentall" ill #erson and ta-e all legal binding decisions on his or her behalf in cons,ltation with s,ch #erson6 Provided that the District Co,rt ma" grant #lenar" g,ardianshi# to the mentall" ill #erson ,nder e5traordinar" sit,ations where limited g,ardianshi# co,ld not be awarded. E5#lanation E Bor the #,r#oses of this section6/ 7i+ ;#lenar" g,ardianshi#< means g,ardianshi# whereb" s,bse0,ent to a finding of inca#acit"& a g,ardian s,bstit,tes for the #erson with disabilit" as the #erson before the law and ta-es all legall" binding decisions for him and the decisions of the #erson with disabilit" have no binding force in law d,ring the s,bsistence of the g,ardianshi# and the g,ardian is ,nder no legal obligation to cons,lt with the #erson with disabilit" or determine his or her will or #reference whilst ta-ing decisions for him* and ;limited g,ardianshi#< means a s"stem of Coint decision which o#erates on m,t,al ,nderstanding an tr,st between the g,ardian and the #erson with disabilit".

7ii+

7'+ 2n and from the date of commencement of this Act& ever" g,ardian a##ointed ,nder an" #rovision of an" law for mentall" ill #ersons shall be deemed to f,nction as limited g,ardian6 Provided that where g,ardian a##ointed #rior to the commencement of this Act is ,nable to f,nction as limited g,ardian& the concerned District Co,rt ma" grant #lenar" g,ardianshi# afresh ta-ing into acco,nt all relevant records of the concerned mentall" ill #erson within si5 moths from the date of commencement of this Act. E5#lanation6/ Bor this #,r#oses of this section ;District Co,rt< means& in an" area for which there is a cit" civil co,rt& that co,rt and in an" other area the #rinci#al civil co,rt of original C,risdiction& and incl,des an" other civil co,rt which the tate !overnment ma"& b" notification& s#ecif" as the co,rt com#etent to deal with all or an" of the matters s#ecified in this Act*

Desi#nation of authorities to support
$@. 7$+ The a##ro#riate !overnment shall designate one or more a,thorities to mobili:e the comm,nit" and create social awareness to s,##ort #ersons with disabilities in e5ercise of their legal ca#acit". 7'+ The a,thorit" designated ,nder s,b/section 7$+ shall ta-e meas,res for setting ,# s,itable s,##ort arrangements to e5ercise legal ca#acit" b" #ersons with disabilities living in instit,tions and those with high s,##ort needs an" other meas,res as ma" be re0,ired.

CHAPTER 3 ED%CATI&!
Duty of educational institutions
$=. The a##ro#riate !overnment and the local a,thorities shall endevao,r that all ed,cational instit,tions f,nded b" them #rovide incl,sive ed,cation to the children with disabilities and towards that end shall6/ 7i+ 7ii+ 7iii+ 7iv+ 7v+ 7vi+ 7vii+ 7viii+ admit them witho,t discrimination and #rovide ed,cation and o##ort,nities for s#orts and recreation activities e0,all" with others* ma-e b,ilding& cam#,s and vario,s facilities accessible* #rovide reasonable accommodation according to the individ,al.s re0,irements* #rovide necessar" s,##ort individ,ali:ed or otherwise in environments that ma5imi:e academic and social develo#ment consistent with the goal of f,ll incl,sion* ens,re that the ed,cation to #ersons who are blind or deaf or both is im#arted in the most a##ro#riate lang,ages and modes and means of comm,nication* detect s#ecific learning disabilities in children at the earliest& and ta-e s,itable #edagogical and other meas,res to overcome them* monitor #artici#ation& #rogress in terms of attainment levels and com#letion of ed,cation in res#ect of ever" st,dent with disabilit"* #rovide trans#ortation facilities to the children with disabilit" and also the attendant of the children with disabilities having high s,##ort needs.

Specific measures to promote and facilitate inclusive education
$). The a##ro#riate !overnment and the local a,thorities shall ta-e the following meas,res for the #,r#ose of section $=& namel"6/ 7a+ to cond,ct s,rve" of school going children for identif"ing children with disabilities& ascertaining their s#ecial needs and the e5tent to which these are being met* 7b+ to establish ade0,ate n,mber of teacher training instit,tions* 7c+ to train and em#lo" teachers& incl,ding teachers with disabilit" who are 0,alified in sign lang,age and 4raille and also teachers who are trained in teaching children with intellect,al disabilit"* 7d+ to train #rofessionals and staff to s,##ort incl,sive ed,cation*

7e+ to establish ade0,ate n,mber of reso,rce centres to s,##ort ed,cational instit,tions* 7f+ to #romote the ,se of a##ro#riate a,gmentative and alternative modes incl,ding means and formats of comm,nication& 4raille and sign lang,age to s,##lement the ,se of one.s own s#eech to f,lfill the dail" comm,nication needs of #ersons with s#eech& comm,nication or lang,age disabilities and enables them to #artici#ate and contrib,te to their comm,nit" and societ". 7g+ to #rovide boo-s& other learning materials and a##ro#riate assistive devices& to st,dents with benchmar- disabilities& free of cost& ,#to the age of eighteen "ears& and either free or at affordable cost& thereafter* 7h+ to #rovide scholarshi#s in a##ro#riate cases to st,dents with benchmar- disabilit"* 7i+ to ma-e s,itable modifications in the c,rric,l,m and e5amination s"stem to meet the needs of st,dents with disabilit" s,ch as e5tra time for com#letion of e5amination #a#er& facilit" of scribe or aman,ensis& e5em#tion from second and third lang,age co,rses* 7C+ to #romote research to im#rove learning* and 7-+ an" other meas,res& as ma" be re0,ired.

"dult education
$3. The a##ro#riate !overnment and the local a,thorities shall ta-e meas,res to #romote #artici#ation of #ersons with disabilities in ad,lt ed,cation and contin,ing ed,cation #rogrammes e0,all" with others.

CHATPER ' $(ILL DE)EL&P E!T A!D E PL&" E!T
S%ill development and employment
$>. The a##ro#riate !overnment shall form,late schemes and #rogrammes incl,ding #rovision of loans at concessional rates to facilitate and s,##ort em#lo"ment of #ersons with disabilities es#eciall" for their vocational training and self/em#lo"ment.

&on-discrimination in employment
$?. 7$+ No establishment shall discriminate against an" #erson with disabilit" in an" matter relating to em#lo"ment6

Provide that the a##ro#riate !overnment ma"& having regard to the t"#e of wor- carried on in an" establishment& b" notification and s,bCect to s,ch conditions& if an"& e5em#t an" establishment from the #rovisions of this section. 7'+ Ever" establishment shall #rovide a##ro#riate environment to em#lo"ees with disabilities. 7%+ No #romotion shall be denied to a #erson merel" on the gro,nd of disabilit". 7@+ No establishment shall dis#ense with or red,ce in ran-& an em#lo"ee who ac0,ires a disabilit" d,ring his or her service. Provide that& if an em#lo"ee after ac0,iring disabilit" is not s,itable for the #ost he was holding& shall be shifted to some other #ost with the same #a" scale and service benefits6 Provided f,rther that if it is not #ossible to adC,st the em#lo"ee against an" #ost& he ma" be -e#t on a s,##lementar" #ost ,ntil a s,itable #ost is available or he attains the age of s,#erann,ation& whichever is earlier.

Equal opportunity policy
'(. 7$+ Ever" establishment shall notif" e0,al o##ort,nit" #olic" detailing meas,res #ro#osed to be ta-en b" it in #,rs,ance of the #rovisions of this Cha#ter in the manner as ma" be #rescribed b" the Central !overnment. 7'+ Ever" establishment shall register a co#" of the said #olic" with the National Commission or the tate Commission& as the case ma" be.

'aintainin# records
'$. 7$+ Ever" establishment shall maintain records of the #ersons with disabilities in relation to the matter of em#lo"ment& facilities #rovided and other necessar" information in com#liance with the #rovisions of this Cha#ter in s,ch form and manner as ma" be #rescribed b" the Central !overnment. 7'+ Ever" em#lo"ment e5change shall maintain records of #ersons with disabilities see-ing em#lo"ment. 7%+ The records maintained ,nder s,b/section 7$+ shall be o#en to ins#ection at all reasonable ho,rs b" s,ch #ersons as ma" be a,thori:ed in their behalf b" the a##ro#riate !overnment.

"ppointment of (rievance !edressal )fficer
''. 7$+ Ever" establishment shall a##oint a !rievance Redressal 2fficer for the #r,#ose of section $? and shall inform the National Commission or the tate Commission& as the case ma" be& abo,t the a##ointment of s,ch officer. 7'+ An" #erson aggrieved with the non/com#liance of the #rovisions of section $?& ma" file a com#laint with the !rievance Redressal 2fficer& who shall investigate it and shall ta-e ,# the matter with the establishment for corrective action. 7%+ The !rievance Redressal 2fficer shall maintain a register of com#laints in the manner as ma" be #rescribed b" the Central !overnment& and ever" com#laint shall be loo-ed into within two wee-s of its registration. 7@+ 1f the aggrieved #erson is not satisfied with the action ta-en on his or her com#laint& he or she ma" a##roach the District/Devel Committee on disabilit".

CHAPTER * $&CIAL $EC%RIT", HEALTH, REHABILITAIT&! A!D RECREATI&!
Social Security
'%. 7$+ The a##ro#riate !overnment shall within the limit of its economic ca#acit" and develo#ment form,late necessar" schemes and #rogrammes to safeg,ard and #romote the right of #ersons with disabilities for ade0,ate standard of living to enable them to live inde#endentl" or in the comm,nit". Provided that the 0,ant,m of assistance to the #ersons with disabilities ,nder s,ch schemes and #rogrammes shall be at least twent"/five #ercent higher than the similar schemes a##licable to others. 7'+ The a##ro#riate !overnment while devising these schemes and #rogrammes shall give d,e consideration to the diversit" of disabilit"& gender& age& and socio/economic stat,s. 7%+ The schemes ,nder s,b/section 7$+ shall #rovide for6/ 7a+ comm,nit" centres with decent living conditions in terms of safet"& sanitation& health care and co,nseling* 7b+ facilities for #ersons incl,ding children with disabilit" who have no famil" or have been abandoned& or are witho,t shelter or livelihood*

7c+ s,##ort d,ring nat,ral or man/made disasters and in areas of conflict* 7d+ s,##ort to women with disabilit" for livelihood and for ,#bringing of their children* 7e+ access to safe drin-ing water and a##ro#riate and accessible sanitation facilities es#eciall" in ,rban sl,ms and r,ral areas* 7f+ #rovisions of aids and a##liances& medicine and diagnostic services and corrective s,rger" free of cost to #ersons with disabilities with s,ch income ceiling as ma" be notified* 7g+ disabilit" #ension to #ersons with disabilities s,bCect to s,ch income ceiling as ma" be notified* 7h+ ,nem#lo"ment allowance to #ersons with disabilities registered with #ecial Em#lo"ment E5change for more than two "ears and who co,ld not be #lace in an" gainf,l occ,#ation* 7i+ care/giver allowance to #ersons with disabilities with high s,##ort needs* 7C+ com#rehensive ins,rance scheme for #ersons with disabilit"& not covered ,nder the Em#lo"ees tate 1ns,rance chemes& or an" other stat,tor" or !overnment/ s#onsored ins,rance schemes* 7-+ an" other matter which the a##ro#riate !overnment ma" thin- fit.

ealth Care
'@. 7$+ The a##ro#riate !overnment and the local a,thorities shall ta-e necessar" meas,res for the #ersons with disabilities to #rovide6/ 7a+ free health care in the vicinit" s#eciall" in r,ral area s,bCect to s,ch famil" income as ma" be notified* 7b+ barrier/free access in all #arts of the hos#itals and other healthcare instit,tions and centres r,n or aided b" them* 7c+ #riorit" in attendance and treatment. 7'+ The a##ro#riate !overnments and the local a,thorities shall ta-e meas,res and ma-e schemes or #rogrammes to #romote health care and #revent the occ,rrence of disabilities and for the said #,r#ose shall6/ 7a+ ,nderta-e or ca,se to be ,nderta-en s,rve"s& investigations and research concerning the ca,se of occ,rrence of disabilities* 7b+ #romote vario,s methods for #reventing disabilities* 7c+ screen all the children at least once in a "ear for the #,r#ose of identif"ing ;at/ ris-< cases* 7d+ #rovide facilities for training to the staff at the #rimar" health centres* 7e+ s#onsor or ca,se to be s#onsored awareness cam#aigns and disseminate or ca,se to be disseminated information for general h"giene& health and sanitation* 7f+ ta-e meas,res for #re/natal& #erinatal and #ost/natal care of mother and child* 7g+ ed,cate the #,blic thro,gh the #re/schools& schools& #rimar" Health Centres& village level wor-ers and anganwadi wor-ers*

7h+ create awareness amongst the masses thro,gh television& radio and other mass media on the ca,ses of disabilities and the #reventive meas,res to be ado#ted* 7i+ health care d,ring the time of nat,ral disasters and other sit,ations of ris-* 7C+ essential medical facilities for life saving emergenc" treatment and #roced,res* and 7-+ se5,al and re#rod,ctive health care es#eciall" for women with disabilit".

*nsurance Schemes
'=. The a##ro#riate !overnment shall& b" notification& ma-e ins,rance schemes for their em#lo"ees with disabilities.

!ehabilitation
'). 7$+ The a##ro#riate !overnment and the local a,thorities shall within their economic ca#acit" and develo#ment& ,nderta-e or ca,se to be ,nderta-en services and #rogrammes of rehabilitation& #artic,larl" in the areas of health& ed,cation and em#lo"ment for all #ersons with disabilities. 7'+ Bor the #,r#oses of s,b/section 7$+& the a##ro#riate !overnment and the local a,thorities ma" grant financial assistance to Non/!overnment 2rganisations. 7%+ The a##ro#riate !overnment and the local a,thorities& while form,lating rehabilitation #olicies shall cons,lt the Non/!overnmental 2rgani:ations wor-ing for the ca,se of #ersons with disabilities.

!esearch and Development
'3. The a##ro#riate !overnment shall initiate or ca,se to be initiated research and develo#ment thro,gh individ,als and instit,tions on iss,es which shall enhance habilitation and rehabilitation and on s,ch other iss,es which are necessar" for the em#owerment of #ersons with disabilities.

Culture and recreation
'>. The a##ro#riate !overnment and the local a,thorities shall ta-e meas,res to #romote and #rotect the rights of all #ersons with disabilities to have a c,lt,ral life and to #artici#ate in recreational activities e0,all" with others which incl,de&/ 7a+ facilities& s,##ort and s#onsorshi#s to artists and writers with disabilit" to #,rs,e their interests and talents*

7b+ establishment of a disabilit" histor" m,se,m which chronicles and inter#rets the historical e5#eriences of #ersons with disabilities* 7c+ ma-ing art accessible to #ersons with disabilities* 7d+ #romoting recreation centers& and other associational activities* 7e+ facilitating #artici#ation in sco,ting& dancing& art classes& o,tdoor cam#s and advent,re activities* 7f+ redesigning co,rses in c,lt,ral and arts s,bCects to enable #artici#ation and access of #ersons with disabilities* and 7g+ develo#ing technolog"& assistive devices and e0,i#ments to facilitate access and incl,sion for #ersons with disabilities in recreational activities.

Sportin# activities.
'?. 7$+ The a##ro#riate !overnment shall ta-e meas,res to ens,re effective #artici#ation in s#orting activities of the #ersons with disabilities. 7'+ The #orts a,thorities shall accord d,e recognition to the right of #ersons with disabilities to #artici#ate in s#orts and shall ma-e d,e #rovisions for the incl,sion of #ersons with disabilities in their schemes and #rograms for the #romotion and develo#ment of s#orting talents. 7%+ Witho,t #reC,dice to the #rovisions contained in s,b/sections 7$+ and 7'+& the a##ro#riate !overnment and the s#orts a,thorities shall ta-e meas,res to&/ 7a+ restr,ct,re co,rses and #rogrammes to ens,re access& incl,sion and #artici#ation of #ersons with disabilities in all s#orting activities* 7b+ redesign and s,##ort infrastr,ct,re facilities of all s#orting activities for #ersons with disabilities* 7c+ develo# technolog" to enhance #otential& talent& ca#acit" and abilit" in s#orting activities of all #ersons with disabilities* 7d+ #rovide m,lti/sensor" essentials and feat,res in all s#orting activities to ens,re effective #artici#ation of all #ersons with disabilities* 7e+ allocate f,nds for develo#ment of state of art s#ort facilities for training of #ersons with disabilities* 7f+ #romote and organi:e disabilit" s#ecific s#orting events for #ersons with disabilities.

CHAPTER + $PECIAL PR&)I$I&!$ ,&R PER$&!$ -ITH BE!CH AR( DI$ABIILTIE$
+ree education for children ,ith benchmar% disabilities

%(.7$+ Notwithstanding an"thing contained in the rights of Children to Bree and Com#,lsor" Ed,cation Act& '((?& ever" child with bench/mar- disabilit" between the age of si5 to eighteen "ears shall have the right to free ed,cation in a neighborhood school& or in a s#ecial school& if necessar". 7'+ The a##ro#riate !overnment and local a,thorities shall ens,re that ever" child with benchmar- disabilit" has access to free ed,cation in an a##ro#riate environment till he attains the age of eighteen "ears.

!eservation in hi#her educational institutions
%$.7$+ All !overnment instit,tions of higher ed,cation and other higher ed,cation instit,tions receiving aid from the !overnment shall reserve not less than five #ercent seats for #ersons with benchmar- disabilities* 7'+ The #ersons with benchmar- disabilities shall be given an ,##er age rela5ation of five "ears for admission in instit,tions of higher ed,cation.

*dentification of posts for reservation
%'. The a##ro#riate !overnment shallE 7i+ identif" #osts in the establishments to be reserved for the #ersons with benchmardisabilit"* 7ii+ review and ,#date the list of identified #osts& ta-ing into consideration the develo#ments in technolog"& at #eriodical intervals not e5ceeding five "ears.

!eservation
%%.7$+ Ever" a##ro#riate !overnment shall reserve in ever" establishment ,nder them& not less than five #er cent& of the vacancies meant to be filled for #ersons or class of #ersons with benchmar- disabilit"& of which one #er cent& each shall be reserved for the #ersons with following disabilities&/ 7a+ blindness and low vision* 7b+ hearing im#airment and s#eech im#airment* 7c+ locomotor disabilit" incl,ding cerebral #als"& le#ros" c,red and m,sc,lar d"stro#h"* 7d+ a,tism& intellect,al disabilit" and mental illness* 7e+ m,lti#le disabilities from amongst #ersons ,nder cla,ses 7a+ to 7d+ incl,ding deafblindness in the #osts identified for each disabilities6 Provided that the a##ro#riate !overnment ma"& having regard to the t"#e of wor- carried on in an" de#artment or establishment& b" notification and s,bCect to s,ch conditions& if an"& as ma" be s#ecified in s,ch notification& e5em#t an" establishment from the #rovisions of this section.

E5#lanation6 Bor the #,r#ose of this section& the com#,tation of reservation of vacancies for the #ersons with benchmar- disabilities shall be com#,ted on five #er cent& of the total cadre strength. 7'+ Where in an" recr,itment "ear an" vacanc" cannot be filled ,# d,e to non/availabilit" of a s,itable #erson with bench mar- disabilit" or for an" other s,fficient reasons& s,ch vacanc" shall be carried forward in the s,cceeding recr,itment "ear and if in the s,cceeding recr,itment "ear also s,itable #erson with disabilit" is not available& it ma" first be filled b" interchange among the five categories and onl" when there is no #erson with disabilit" available for the #ost in that "ear& the em#lo"er shall fill ,# the vacanc" b" a##ointment of a #erson& other than a #erson with disabilit"6 Provided that if the nat,re of vacancies in an establishment is s,ch that a given categor" of #erson cannot be em#lo"ed& the vacancies ma" be interchanged among the five categories with the #rior a##roval of the a##ro#riate !overnment. 7%+ The a##ro#riate !overnment shall b" notification& #rovide rela5ation of ,##er age limit ,#to five "ears for em#lo"ment of #ersons with bench mar- disabilit".

*ncentives to employers in private sector
%@. The a##ro#riate !overnment and the local a,thorities shall& within the limit of their economic ca#acit" and develo#ment& #rovide incentives to em#lo"er in #rivate sectors to ens,re that at least five #er cent& of their wor- force is com#osed of #ersons with disabilit".

Special Employment Exchan#e
%=. The a##ro#riate !overnment ma"& b" notification& re0,ire that from s,ch date& the em#lo"er in ever" establishment shall f,rnish s,ch information or ret,rn as ma" be #rescribed b" the Central !overnment in relation to vacancies a##ointed for #ersons with benchmar- disabilit" that have occ,rred or are abo,t to occ,r in that establishment to s,ch #ecial Em#lo"ment E5change as ma" be notified b" the Central !overnment and the establishment shall there,#on com#l" with s,ch re0,isition.

Special Schemes and Development Pro#rammes
%). The a##ro#riate !overnment and the local .a,thorities shall& b" notification& ma-e schemes in favo,r of #ersons with benchmar- disabilities& to #rovide&/ 7a+ five #er cent& reservation in allotment of agric,lt,ral land and ho,sing in all relevant schemes and develo#ment #rogrammes& with a##ro#riate #riorit" to women with benchmar- disabilities* 7b+ five #er cent& reservation in all #overt" alleviation and vario,s develo#mental schemes with #riorit" to women with benchmar- disabilities*

7c+ five #er cent& reservation in allotment of land on concessional rate& where s,ch land is to be ,sed for the #,r#ose of #romoting ho,sing& shelter& setting ,# of occ,#ation& b,siness& enter#rise& recreation centers and #rod,ction centers.

CHAPER . $PECIAL PR&)I$I&!$ ,&R PER$&!$ -ITH DI$ABILITIE$ -ITH HI#H $%PP&RT !EED$
Special provisions for persons ,ith disabilities ,ith hi#h support
%3. 7$+ An" #erson with benchmar- disabilit"& who considers himself to be in need of high s,##ort& or an" #erson or organisation on his or her behalf& ma" a##l" to an a,thorit"& to be notified b" the a##ro#riate !overnment& re0,esting to #rovide high s,##ort. 7'+ 2n recei#t of an a##lication ,nder s,b/section 7$+& the a,thorit" shall refer it to an FAssessment 4oard consisting of s,ch Aembers as ma" be #rescribed b" the Central !overnment. 7%+ The Assessment 4oard shall assess the case referred to it ,nder s,b/section 7$+ in s,ch manner as ma" be #rescribed b" the Central !overnment& and shall send a re#ort to the a,thorit" certif"ing the need of high s,##ort and its nat,re. 7@+ 2n recei#t of a re#ort ,nder s,b/section 7%+& the a,thorit" shall ta-e ste#s to #rovide s,##ort in accordance with the re#ort and s,bCect to relevant schemes and orders of the a##ro#riate !overnment in this behalf.

CHAPTER / D%TIE$ A!D RE$P&!$IBILITIE$ &, APPR&PRIATE #&)ER! E!T$
",areness Campai#ns
%>.7$+ The a##ro#riate !overnment& in cons,ltation with the National Commission or the tate Commission& as the case ma" be& shall cond,ct& enco,rage& s,##ort or #romote awareness cam#aigns and sensitisation #rogrammes to ens,re that the rights of the #ersons with disabilities #rovided ,nder this Act are #rotected. 7'+ The #rogrammes and cam#aigns s#ecified ,nder s,b section 7$+ shall also&/ 7a+ #romote val,es of incl,sion& tolerance& em#ath" and res#ect for diversit"*

7b+ advance recognition of the s-ills& merits and abilities of #ersons with disabilities and of their contrib,tions to the wor-force& labo,r mar-et and #rofessional fee* 7c+ foster res#ect for the decisions made b" #ersons with disabilities on all matters related to famil" life& relationshi#s& bearing and raising children* 7d+ #rovide orientation and sensitisation at the school& college& Universit" and #rofessional training level on the h,man condition of disabilit" and the rights of #ersons with disabilities* 7e+ #rovide orientation and sensitisation on disabling conditions and rights of #ersons with disabilities to em#lo"ers& administrators and co/wor-ers. 7f+ ens,re that the rights of #ersons with disabilit" are incl,ded in the c,rric,l,m in Universities and colleges.

"ccessibility
%?. The National Commission shall& form,late reg,lations for the #ersons with disabilities la"ing down the standards of accessibilit" for the #h"sical environment& trans#ortation& information and comm,nications& incl,ding a##ro#riate technologies and s"stems& and other facilities and services #rovided to the #,blic in ,rban and r,ral areas.

"ccess to -ransport
@( 7 $+ The a##ro#riate !overnment shall ta-e s,itable meas,res to #rovide&/ 7a+ facilities for #ersons with disabilities at b,s sto#s& railwa" stations and air#orts conforming to the accessibilit" standards relating to #ar-ing s#aces& toilets& tic-eting co,nters and tic-eting machines* 7b+ access to all modes of trans#ort that conform the design standards& incl,ding retrofitting old modes of trans#ort& wherever technicall" feasible and safe for #ersons with disabilities& economicall" viable and witho,t entailing maCor str,ct,ral changes in design* 7c+ accessible roads to address mobilit" necessar" for #ersons with disabilities. 7'+ The a##ro#riate !overnment shall develo# schemes #rogrammes to #romote the #ersonal mobilit" of #ersons with disabilities at affordable cost to #rovide for&/ 7a+ incentives and concessions* 7b+ retrofitting of vehicles* and 7c+ #ersonal mobilit" assistance*

"ccess to information and communication technolo#y
@$. The a##ro#riate !overnment shall ta-e meas,res to ens,re that&/ 7i+ all contents available in a,dio& #rint and electronic media are in accessible format* 7ii+ #ersons with disabilities have access to electronic media b" #roviding a,dio descri#tion& sign lang,age inter#retation and close ca#tioning* 7iii+ electronic goods and e0,i#ment which are meant for ever" da" ,se are available in ,niversal design*

"ccess to transport and personal mobility
@'. The a##ro#riate !overnment shall ta-e meas,res to #romote develo#ment& #rod,ction and distrib,tion of ,niversall" designed cons,mer #rod,cts and accessories for general ,se.

'andatory observance of accessibility norms
@%. 7$+ No establishment shall be granted #ermission to b,ild an" str,ct,re if the b,ilding #lan does not adhere to the reg,lations form,lated b" the National Commission ,nder section %?. 7'+ No establishment shall be iss,ed a certificate of com#letion or allowed to ta-e occ,#ation of a b,ilding ,nless it has adhered to the reg,lations form,lated b" the National Commission.

-ime limit for ma%in# existin# infrastructure and premises accessible and action for that purpose.
@@. 7$+ All e5isting #,blic b,ildings shall be made accessible in accordance with the reg,lations form,lated b" the National Commission within a #eriod not e5ceeding five "ears from the date of notification of s,ch reg,lations6 Provided that the central !overnment ma" grant e5tension of time to the states on a case to case basis for adherence to this #rovision de#ending on their state of #re#aredness and other related #arameters. 7'+ The a##ro#riate !overnment and the local a,thorities shall form,late and #,blish an action #lan based on #rioriti:ation& for #roviding accessibilit" in all their b,ildings and s#aces #roviding essential services s,ch as all #rimar" health centres& civil hos#itals& schools& railwa" stations and b,s sto#s.

-ime limit for accessibility by service providers.
@=. The service #roviders shall #rovide services in accordance with the reg,lations on accessibilit" form,lated b" the National Commission ,nder section %? within a #eriod of two "ears from the date of notification of s,ch reg,lations6 Provided that the Central !overnment& in cons,ltation with the National Commission& ma" grant e5tension of time for #roviding certain categor" of services in accordance with the said reg,lations.

uman resource development
@). 7$+ Witho,t #reC,dice to an" f,nction and #ower of Rehabilitation Co,ncil of 1ndia constit,ted ,nder the Rehabilitation Co,ncil of 1ndia Act $??'& the a##ro#riate

!overnment shall endeavo,r to develo# h,man reso,rce for the #,r#oses of this Act and to that end shall&/ 7Remar-s 6 %@ of $??'+ 7a+ mandate training on disabilit" rights in all co,rses for the training of Pancha"ati RaC Aembers& legislators& administrators& #olice officials& C,dges and law"ers* 7b+ ind,ct disabilit" as a com#onent for all ed,cation co,rses for schools& colleges and Universit" teachers& doctors& n,rses& #ara/medical #ersonnel& social welfare officers& r,ral develo#ment officers& asha wor-ers& anganwadi wor-ers engineers& architects& other #rofessionals and comm,nit" wor-ers* 7c+ initiate ca#acit" b,ilding #rogrammes incl,ding training in inde#endent living and comm,nit" relationshi#s for families& Aembers of comm,nit" and other sta-eholders and care #roviders on care giving and s,##ort* 7d+ ens,re inde#endence training for #ersons with disabilities to b,ild comm,nit" relationshi#s on m,t,al contrib,tion and res#ect* 7e+ cond,ct training #rogrammes for s#orts teachers with foc,s on s#orts& games& advent,re activities* 7f+ an" other ca#acit" develo#ment meas,res as ma" be re0,ired. 7'+ All ,niversities shall #romote teaching and research in disabilit" st,dies incl,ding establishment of st,d" centres for s,ch st,dies. 7%+ 1n order to f,lfill the obligation stated in s,b/section 7$+& the a##ro#riate !overnment shall in ever" five "ears ,nderta-e a need based anal"sis and form,late #lans for the recr,itment& ind,ction& sensiti:ation& orientation and training of s,itable #ersonnel to ,nderta-e the vario,s res#onsibilities ,nder in this Act.

Social audit
@3. The a##ro#riate !overnment shall ,nderta-e social a,dit of all general schemes and #rogrammes involving the #ersons with disabilities to ens,re that the scheme and #rogrammes do not have an adverse im#act ,#on the #ersons with disabilities and need the re0,irements and concerns of #ersons with disabilities.

CHAPTER 0 RE#I$TRATI&! &, I!$TIT%TI&!$ ,&R PER$&!$ -ITH DI$ABILITIE$ A!D #RA!T$ T& $%CH I!$TIT%TI&!$
Competent authority
@>. The tate !overnment shall a##oint an a,thorit" as it deems fit to be a com#etent a,thorit" for the #,r#oses of this Cha#ter.

!e#istration
@?. ave as otherwise #rovided ,nder this Act& no #erson shall establish or maintain an" instit,tion for #ersons with disabilities e5ce#t in accordance with a certificate of registration iss,ed in this behalf b" the com#etent a,thorit"6 Provided that an instit,tion for care of mentall" ill #ersons& which holds a valid licence ,nder section > of the Aental Health Act& $?>3 or an" other Act for the time being in force& shall not be re0,ired to be registered ,nder this Act. 7Remar-s 6 $@ of $?>3+

"pplication #rant of certificate of re#istration
=(.7$+ Ever" a##lication for a certificate of registration shall be made to the com#etent a,thorit" in s,ch form and in s,ch manner as ma" be #rescribed b" the tate !overnment. 7'+ 2n recei#t of an a##lication ,nder s,b/section 7$+& the com#etent a,thorit" shall ma-e s,ch en0,iries as it ma" deem fit and on being satisfied that the a##licant has com#lied with the re0,irements of this Act and the r,les made there ,nder& it shall grant a certificate of registration to the a##licant and if not satisfied& the com#etent a,thorit" shall& b" order& ref,se to grant the certificate a##lied for6 Provided that before ma-ing an" order ref,sing to grant a certificate& the com#etent a,thorit" shall give the a##licant a reasonable o##ort,nit" of being heard and ever" order of ref,sal to grant a certificate shall be comm,nicated to the a##licant in writing. 7%+ No certificate of registration shall be granted ,nder s,b/section 7'+ ,nless the instit,tion with res#ect to which an a##lication has been made is in a #osition to #rovide s,ch facilities and meet s,ch standards as ma" be #rescribed b" the tate !overnment. 7@+ The certificate of registration granted ,nder s,b/section 7'+6/ 7a+ shall& ,nless revo-ed ,nder section =$ remain in force for s,ch #eriod as ma" be #rescribed b" the tate !overnment* 7b+ ma" be renewed from time to time for a li-e #eriod* and 7c+ shall be in s,ch form and shall be s,bCect to s,ch conditions as ma" be #rescribed b" the tate !overnment. 7=+ An a##lication for renewal of a certificate of registration shall be made not less than si5t" da"s before the e5#ir" of the #eriod of validit". 7)+ A co#" of the certificate of registration shall be dis#la"ed b" the instit,tion in a cons#ic,o,s #lace. 73+ Ever" a##lication made ,nder s,b/section 7$+ or s,b/section 7=+ shall be dis#osed of b" the com#etent a,thorit" within s,ch #eriod as ma" be #rescribed b" the tate !overnment.

!evocation of re#istration
=$. 7$+ The com#etent a,thorit" ma"& if it has reason to believe that the holder of a certificate of registration granted ,nder s,b/section 7'+ of section @? has6/ 7a+ made a statement in relation to an" a##lication for the iss,e or renewal of the certificate which is incorrect or false in material #artic,lars* or 7b+ committed or has ca,sed to be committed an" breach of r,les or an" conditions s,bCect to which the certificate was granted* it ma"& after ma-ing s,ch in0,ir"& as it deems fit& b" order& revo-e the certificate6 Provided that no s,ch order shall be made ,ntil an o##ort,nit" is given to the holder of the certificate to show ca,se as to wh" the certificate of registration shall not be revo-ed. 7'+ Where a certificate of registration in res#ect of an instit,tion has been revo-ed ,nder s,b/section 7$+& s,ch instit,tion shall cease to f,nction from the date of s,ch revocation6 Provided that where an a##eal lies ,nder section =' against the order of revocation& s,ch instit,tion shall cease to f,nction& / 7a+ where no a##eal has been #referred immediatel" on the e5#ir" of the #eriod #rescribed for the filing of s,ch a##eal* or 7b+ where s,ch a##eal has been #referred& b,t the order of revocation has been ,#held& from the date of the order of a##eal. 7%+ 2n the revocation of a certificate of registration in res#ect of an instit,tion& the com#etent a,thorit" ma" direct that an" #erson with disabilit" who is an inmate of s,ch instit,tion on the date of s,ch revocation& shall be6/ 7a+ restored to the c,stod" of his or her #arent& s#o,se or lawf,l g,ardian& as the case ma" be& or 7b+ transferred to an" other instit,tion s#ecified b" the com#etent a,thorit". 7@+ Ever" instit,tion which holds a certificate of registration which is revo-ed ,nder this section shall& immediatel" after s,ch revocation& s,rrender s,ch certificate to the com#etent a,thorit".

"ppeal
='. 7$+ An" #erson aggrieved b" the order of the com#etent a,thorit" ref,sing to grant a certificate or revo-ing a certificate ma"& within s,ch #eriod as ma" be #rescribed b" the tate !overnment& #refer an a##eal to s,ch a##ellate a,thorit"& as ma" be notified b" the tate !overnment against s,ch ref,sal or revocation. 7'+ The order of the a##ellate a,thorit" on s,ch a##eal shall be final.

"ct not to apply to institutions established or maintained by Central or State (overnment.
=%. Nothing contained in this Cha#ter shall a##l" to an instit,tion for #ersons with disabilities established or maintained b" the Central !overnment or a tate !overnment.

"ssistance to re#istered institutions
=@. The a##ro#riate !overnment ma" within the limits of their economic ca#acit" and develo#ment& grant financial assistance to registered instit,tions to #rovide services and to im#lement the schemes and #rogrammes in #,rs,ance of the #rovisions of the Act.

CHAPTER 10 CERTI,ICATI&! &, $PECI,IED DI$ABILITIE$
(uidelines for assessment of specified disabilities
==. The Central !overnment shall notif" g,idelines for the #,r#ose of assessing the e5tent of s#ecified disabilit" in a #erson.

Desi#nation of certifyin# authorities.
=). 7$+ The a##ro#riate !overnment shall designate #ersons& having re0,isite 0,alifications and e5#erience& as certif"ing a,thorities& who shall be com#etent to iss,e the disabilit" certificate. 7'+ The a##ro#riate !overnment shall also notif" the C,risdiction within which and the terms and conditions s,bCect to which& the certif"ing a,thorit" shall #erform its certification f,nctions.

Procedure for certification
=3. 7$+ An" #erson with s#ecified disabilit"& ma" a##l"& in s,ch manner as ma" be #rescribed b" the Central !overnment & to a certif"ing a,thorit" having C,risdiction& for iss,ing of a certificate of disabilit".

7'+ 2n recei#t of an a##lication ,nder s,b/section7l+& the certif"ing a,thorit" shall assess the disabilit" of the concerned #erson in accordance with relevant g,idelines notified ,nder section ==& and shall& after s,ch assessment& as the case ma" be / 7a+ iss,e a certificate of disabilit" to s,ch #erson& in s,ch form as ma" be #rescribed b" the Central !overnment* 7b+ inform him in writing that he has no s#ecified disabilit".

"ppeal a#ainst a decision of certifyin# authority
=>.7$+ An" #erson aggrieved with decision of the certif"ing a,thorit"& ma" a##eal against s,ch decision& within s,ch time and in s,ch manner as ma" be #rescribed b" the tate !overnment& to s,ch a##ellate a,thorit" as the tate !overnment ma" designate for the #,r#ose. 7'+ 2n recei#t of an a##eal& the a##ellate a,thorit" shall decide the a##eal in s,ch manner as ma" be #rescribed b" the tate !overnment.

CHAPTER 11 CE!TRAL A!D $TATE AD)I$&R" B&ARD$ &! DI$ABILIT" A!D DI$TRICT LE)EL C& ITTEE
Constitution of Central "dvisory .oard on Disability
=?.7$+ The Central !overnment shall& b" notification& constit,te a bod" to be -nown as the Central Advisor" 4oard on Disabilit" to e5ercise the #owers conferred on& and to #erform the f,nctions assigned to it& ,nder this Act. 7'+ The Central Advisor" 4oard shall consist of6/ 7a+ the Ainister in charge of De#artment of Disabilit" Affairs in the Central !overnment& Chair#erson& e5 officio* 7b+ the Ainister of tate in charge dealing with De#artment of Disabilit" Affairs in the Ainistr" in the Central !overnment& Gice Chair#erson& e5 officio* 7c+ three Aembers of Parliament& of whom two shall be elected b" Do- abha and one b" the RaC"a abha* Aembers e5 officio* 7d+ the ministers in charge of Disabilit" Affairs of all tates and Administrators or Die,tenant !overnors of the Union territories& Aembers& e5 officio 7e+ ecretaries to the !overnment of 1ndia in charge of the Ainistries or De#artments of Disabilit" Affairs& ocial 8,stice and Em#owerment& chool Ed,cation and Diterac"& and Higher Ed,cation& Women and Child Develo#ment& E5#endit,re& Personnel and

Training& Administrative Reforms and P,blic !rievances& Health and Bamil" Welfare& R,ral Develo#ment& Pancha"ati RaC& 1nd,strial Polic" and Promotion& Urban Develo#ment& Ho,sing and Urban Povert" Alleviation& cience and Technolog"& Comm,nications and 1nformation Technolog"& Degal Affairs& P,blic Enter#rises& Ho,th Affairs and #orts& Road Trans#ort and Highwa"s and Civil Aviation& Aembers& e5 officio* 7f+ ecretar"& Planning Commission& Aember& e5 officio 7g+ Chair#erson& Rehabilitation Co,ncil of 1ndia& Aember& e5 officio* 7h+ Chair#erson& National Tr,st for the Welfare of Persons with A,tism& Cerebral Pals"& Aental Retardation and A,lti#le Disabilities& Aember& e5 officio* 7i+ Chairman c,m Aanaging Director& National Handica##ed Binance Develo#ment Cor#oration& Aember& e5 officio* 7C+ Chairman c,m Aanaging Director& Artificial Dimbs Aan,fact,ring Cor#oration& Aember& e5 officio* 7-+ Chairman& Railwa" 4oard& Aember& e5 officio* 7l+ Director/!eneral& Em#lo"ment and Training& Ainistr" of Dabo,r and Em#lo"ment& Aember& e5 officio& 7m+ Director& National Co,ncil for Ed,cational Research and Training* Aember& e5 officio* 7n+ Chair#erson& National Co,ncil of Teacher Ed,cation& Aember& e5 officio* 7o+ Chair#erson& Universit" !rants Commission& Aember& e5 officio* 7#+ Chair#erson& Aedical Co,ncil of 1ndia& Aember& e5 officio* 70+ Directors of the following 1nstit,tes6 / 7i+ National 1nstit,te for the Gis,all" Handica##ed& Dehrad,n* 7ii+ National 1nstit,te for the Aentall" Handica##ed& ec,ndrabad* 7iii+ Pandit Deen Da"al U#adh"a" 1nstit,te for the Ph"sicall" Handica##ed& New Delhi* 7iv+ Ali Havar 8,ng National 1nstit,te for the Hearing Handica##ed& A,mbai* 7v+ National 1nstit,te for the 2rtho#aedicall" Handica##ed& 9ol-ata* 7vi+ wami Give-ananda National 1nstit,te of Rehabilitation Training and Research& C,ttac-* 7vii+ National 1nstit,te for Em#owerment of Persons with A,lti#le Disabilities& Chennai* 7viii+ National 1nstit,te for Aental Health and ciences& 4angalore* 7i5+ 1ndian ign Dang,age Research and Training Centre& New Delhi.

Aembers& e5 officio. 7r+ Aembers to be nominated b" the Central !overnment6 7i+ five Aembers who are e5#erts in the field of disabilit" and rehabilitation* 7ii+ ten Aembers& as far as #racticable& being #ersons with disabilities& to re#resent Non/ !overnmental 2rganisations concerned with disabilities or disabled #ersons organi:ations6 Provided that o,t of the ten Aembers nominated& at least& five Aember shall be women and at least one #erson each shall be from ched,led Castes and ched,led Tribes* 7iii+ ,#to three re#resentatives of national level chambers of commerce and ind,str"& 7s+ 8oint ecretar" to the !overnment of 1ndia dealing with the s,bCect of disabilit" #olic"& Aember/ ecretar"& e5 officio.

-erm of office of 'embers
)(.7$+ ave as otherwise #rovided ,nder this Act& a Aember of the Central Advisor" 4oard nominated ,nder cla,se 7r+ of s,b/section 7'+ of section =? shall hold office for a term of three "ears from the date of his nomination6 Provided that s,ch a Aember shall& notwithstanding the e5#iration of his term& contin,e to hold office ,ntil his s,ccessor enters ,#on his office. 7'+ The Central !overnment ma" if it thin-s fit remove an" Aember nominated ,nder cla,se 7r+ of s,b/section 7'+ of section =?& before the e5#ir" of his term of office after giving him a reasonable o##ort,nit" of showing ca,se against the same. 7%+ A Aember nominated ,nder cla,se 7r+ of s,b/section 7'+ of section =? ma" at an" time resign his office b" writing ,nder his hand& addressed to the Central !overnment and the seat of the said Aember shall there,#on become vacant. 7@+ A cas,al vacanc" in the Central Advisor" 4oard shall be filled b" a fresh nomination and the #erson nominated to fill the vacanc" shall hold office onl" for the remainder of the term for which the Aember in whose #lace he was so nominated. 7=+ A Aember nominated ,nder s,b/cla,se 7i+ or s,b/cla,se 7iii+ of cla,se 7r+ s,b/section 7'+ of section =? shall be eligible for renomination. 7)+ The Aembers nominated ,nder s,b/cla,se 7i+ and s,b/cla,se 7ii+ of cla,se 7r+ of s,b/ section 7'+ of section =? shall receive s,ch allowances as ma" be #rescribed b" the Central !overnment.

Disqualification
)$.7$+ No #erson shall be a Aember of the Central Advisor" 4oard& who/ 7a+ is& or at an" time has been& adC,dged insolvent or has s,s#ended #a"ment of his debts or has com#o,nded with his creditors& or 7b+ is of ,nso,nd mind and stands so declared b" a com#etent co,rt& or

7c+ is or has been convicted of an offence which& in the o#inion of the Central !overnment& involves moral t,r#it,de& or 7d+ is or at an" time has been convicted of an offence ,nder this Act& or 7e+ has so ab,sed his #osition in the o#inion of the Central !overnment as a Aember so as to render his contin,ance in the office is #reC,dicial interests of the general #,blic.

/acation of seats by 'embers
7'+ No order of removal shall be made b" the Central !overnment ,nder this section ,nless the Aember concerned has been given a reasonable o##ort,nit" of showing ca,se against the same. 7%+ Notwithstanding an"thing contained in s,b/section 7$+ or s,b/section 7=+ of section )(& a Aember who has been removed ,nder this section shall not be eligible for renomination as a Aember. )'. 1f a Aember of the Central Advisor" 4oard becomes s,bCect to an" of the dis0,alifications s#ecified in section )$& his seat shall become vacant.

'eetin#s of the Central "dvisory .oard
)%. The Central Advisor" 4oard shall meet at least once in ever" si5 months and shall observe s,ch r,les of #roced,re in regard to the transaction of b,siness at its meetings as ma" be #rescribed.

+unctions of Central "dvisory .oard on disability
)@.7$+ ,bCect to the #rovision of this Act& the Central Advisor" 4oard on disabilit" shall be the national/level cons,ltative and advisor" bod" on disabilit" matters& and shall facilitate the contin,o,s evol,tion of a com#rehensive #olic" for the em#owerment of #ersons with disabilities and the f,ll enCo"ment of rights. 7'+ 1n #artic,lar and witho,t #reC,dice to the generalit" of the foregoing #rovisions& the Central Advisor" 4oard on disabilit" shall #erform the following f,nctions& namel"6/ 7a+ advise Central !overnment and tate !overnments on #olicies& #rogrammes& legislation and #roCects with res#ect to disabilit"* 7b+ develo# a national #olic" to address iss,es concerning #ersons with disabilities* 7c+ review and coordinate the activities of all De#artments of the !overnment and other !overnmental and non/!overnmental 2rgani:ations which are dealing with matters relating to #ersons with disabilities* 7d+ ta-e ,# the ca,se of #ersons with disabilities with the concerned a,thorities and the international organi:ations with a view to #rovide for schemes and #roCects for the #ersons with disabilities in the national #lans*

7e+ recommend ste#s to ens,re accessibilit"& reasonable accommodation& non/ discrimination for #ersons with disabilities vis/I/vis information& services and the b,ilt environment and their #artici#ation in social life* 7f+ monitor and eval,ate the im#act of laws& #olicies and #rogrammes to achieve f,ll #artici#ation of #ersons with disabilities* and 7g+ s,ch other f,nctions as ma" be assigned from time to time b" the Central !overnment.

State "dvisory .oard on disability
)=.7$+ Ever" tate !overnment shall& b" notification& constit,te a bod" to be -nown as the tate Advisor" 4oard on disabilit" to e5ercise the #owers conferred on& and to #erform the f,nction assigned to it& ,nder this Act. 7'+ The tate Advisor" 4oard shall consist of6/ 7a+ the Ainister in charge of the De#artment in the tate !overnment dealing with disabilit" matters& Chair#erson& e5 officio* 7b+the Ainister of tate or the De#,t" Ainister in charge of the De#artment in the tate !overnment dealing with disabilit" matters& if an"& Gice/Chair#erson& e5 officio* 7c+ secretaries to the tate !overnment in charge of the De#artments of Disabilit" Affairs& chool Ed,cation& Diterac" and Higher Ed,cation& Women and Child Develo#ment& Binance& Personnel and Training& Health and Bamil" Welfare& R,ral Develo#ment& Pancha"ati RaC& 1nd,strial Polic" and Promotion& Dabo,r and Em#lo"ment& Urban Develo#ment& Ho,sing and Urban Povert" Alleviation& cience and Technolog"& 1nformation Technolog"& P,blic Enter#rises& Ho,th Affairs and #orts& Road Trans#ort and an" other De#artment& which the tate !overnment considers necessar"& Aembers& e5 officio* 7d+ three Aembers of the tate Degislat,re of whom two shall be elected b" the Degislative Assembl" and one b" the Degislative Co,ncil& if an" and where there is no Degislative Co,ncil& three Aembers shall be elected b" the Degislative Assembl"& Aembers& e5 officio* 7e+ Aembers to be nominated b" the tate !overnment6/ 7i+ five Aembers who are e5#erts in the field of disabilit" and rehabilitation* 7ii+ five Aembers to be nominated b" the tate !overnment b" rotation to re#resent the districts in s,ch manner as ma" be #rescribed6 Provided that no nomination ,nder this s,b/cla,se shall be made e5ce#t on the recommendation of the district administration concerned* 7iii+ ten #ersons as far as #racticable& being #ersons with disabilities& to re#resent Non !overnmental 2rganisations or associations which are concerned with disabilities6 Provided that o,t of the ten #ersons nominated ,nder this cla,se& at least& five shall be women and at least one #erson each shall be from the ched,led Castes and the ched,led Tribes* 7iv+ not more than three re#resentatives of the tate Chamber of Commerce and 1nd,str"*

7f+ officer not below the ran- of 8oint ecretar" in the De#artment dealing with disabilit" matters in the tate !overnment& Aember/ ecretar"& e5 officio.

-erms and conditions of service of 'embers
)).7$+ ave as otherwise #rovided ,nder this Act& a Aember of tate Advisor" 4oard nominated ,nder cla,se 7e+ of s,b section ' of section )= shall hold office for a term of three "ears from the date of his nomination6 Provided that s,ch a Aember shall& notwithstanding the e5#iration of his term& contin,e to hold office ,ntil his s,ccessor enters ,#on his office. 7'+ The tate !overnment ma" if it thin-s fit remove an" Aember nominated ,nder cla,se 7e+ of s,b/section 7'+ of section )=& before the e5#ir" of his term of office after giving him a reasonable o##ort,nit" of showing ca,se against the same. 7%+ A Aember nominated ,nder cla,se 7e+ of s,b/section 7'+ of section )= ma" at an" time resign his office b" writing ,nder his hand& addressed to the tate !overnment and the seat of the said Aember shall there,#on become vacant. 7@+ A cas,al vacanc" in the tate Advisor" 4oard shall be filled b" a fresh nomination and the #erson nominated to fill the vacanc" shall hold office onl" for the remainder of the term for which the Aember in whose #lace he was so nominated. 7=+ A Aember nominated ,nder s,b/cla,se 7i+ or s,b/cla,se 7iii+ of cla,se 7e+ of s,b/ section 7'+ of section )= shall be eligible for renomination. 7)+ the Aembers nominated ,nder s,b/cla,se 7i+ and s,b/cla,se 7ii+ of cla,se 7e+ s,b/ section 7'+ of section )= shall receive s,ch allowances as ma" be #rescribed b" the tate !overnment.

Disqualification
)3.7 $+ No #erson shall be a Aember of the tate Advisor" 4oard& who/ 7a+ is& or at an" time has been& adC,dged insolvent or has s,s#ended #a"ment of his debts or has com#o,nded with his creditors& or 7b+ is of ,nso,nd mind and stands so declared b" a com#etent co,rt& or 7c+ is or has been convicted of an offence which& in the o#inion of the tate !overnment& involves moral t,r#it,de& or 7d+ is or at an" time has been convicted of an offence ,nder this Act& or 7e+ has so ab,sed in the o#inion of the tate !overnment his #osition as a Aember as to render his contin,ance in the tate Advisor" 4oard detrimental to the interests of the general #,blic. 7'+ No order of removal shall be made b" the tate !overnment ,nder this section ,nless the Aember concerned has been given a reasonable o##ort,nit" of showing ca,se against the same.

7%+ Notwithstanding an"thing contained in s,b/section 7$+ or s,bJsection 7=+ of section ))& a Aember who has been removed ,nder this section shall not be eligible for renomination as a Aember.

/acation of seats
)>. 1f a Aember of the tate Advisor" 4oard becomes s,bCect to an" of the dis0,alifications s#ecified in section )3 his seat shall become vacant.

'eetin#s of State "dvisory .oard on disability
)?. The tate Advisor" 4oard shall meet at least once in ever" si5 months and shall observe s,ch r,les or #roced,re in regard to the transaction of b,siness at its meetings as ma" be #rescribed b" the tate !overnment.

+unctions of State "dvisory .oard on disability
3(.7$+ ,bCect to the #rovisions of this Act& the tate Advisor" 4oard shall be the tate/ level cons,ltative and advisor" bod" on disabilit" matters& and shall facilitate the contin,o,s evol,tion of a com#rehensive #olic" for the em#owerment of #ersons with disabilities and the f,ll enCo"ment of rights. 7'+ 1n #artic,lar and witho,t #reC,dice to the generalit" of the foregoing #rovisions& the tate Advisor" 4oard on disabilit" shall #erform the following f,nctions namel"6/ 7a+ advise tate !overnment on #olicies& #rogrammes& legislation and #roCects with res#ect to disabilit"* 7b+ develo# a tate #olic" to address iss,es concerning #ersons with disabilities* 7c+ review and coordinate the activities of all De#artments of the tate !overnment and other !overnmental and Non/!overnmental 2rgani:ations in the tate which are dealing with matters relating to #ersons with disabilities. 7d+ ta-e ,# the ca,se of #ersons with disabilities with the concerned a,thorities and the international organi:ations with a view to #rovide for schemes and #roCects for. the #ersons with disabilities in the tate #lans* 7e+ recommend ste#s to ens,re accessibilit"& reasonable accommodation& non/ discrimination for #ersons with disabilities& services and the b,ilt environment and their #artici#ation in social life on an e0,al basis with others* 7f+ monitor and eval,ate the im#act of laws& #olicies and #rogrammes designed to achieve f,ll #artici#ation of #ersons with disabilities* and 7g+ s,ch other f,nctions as ma" be assigned from time to time b" the tate !overnment.

District-level Committee on disability
3$. The tate !overnment shall constit,te the District/level Committee on disabilit" to #erform s,ch f,nctions as ma" be #rescribed b" it.

/acancies not to invalidate proceedin#s
3'. No act or #roceeding of the Central Advisor" 4oard on disabilit"& a tate Advisor" 4oard on disabilit"& or a District/Devel Committee on disabilit" shall be called in 0,estion on the gro,nd merel" of the e5istence of an" vacanc" in or an" defect in the constit,tion of s,ch 4oard or Committee as the case ma" be.

CHAPTER 12 !ATI&!AL C& I$$I&! ,&R PER$&!$ -ITH DI$ABILITIE$
Constitution of &ational Commission for persons ,ith disabilities
3%.7 $+ The Central !overnment shall& b" notification& constit,te a bod" to be -nown as the National Commission for #ersons with disabilities to e5ercise the #owers conferred ,#on and to #erform the following f,nctions& namel"6/ 7a+ identif"& s,o mot, or otherwise& #rovisions of an" law& #olicies& #rogrammes and #roced,res& which are inconsistent with this Act& and recommend necessar" corrective ste#s* 7b+ in0,ire& s,o mot, or otherwise with res#ect to de#rivation of rights of #ersons with disabilities and safeg,ards available to them in res#ect of matters for which the Central !overnment is the a##ro#riate !overnment and ta-e ,# the matter with the a##ro#riate a,thorities for corrective action* 7c+ review the safeg,ards #rovided b" or ,nder this Act or an" other law for the time being in force for the #rotection of rights of #ersons with disabilities and recommend meas,res for their effective im#lementation* 7d+ review the factors that inhibit the enCo"ment of rights of #ersons with disabilities and recommend a##ro#riate remedial meas,res* 7e+ st,d" treaties and other international instr,ments on the rights of #ersons with disabilities and ma-e recommendations for their effective im#lementation* 7f+ ,nderta-e and #romote research in the field of the rights of #ersons with disabilities* 7g+ #romote awareness of the rights of #ersons with disabilities and the safeg,ards available for their #rotection* 7h+ monitor im#lementation of the #rovisions of this Act and schemes& #rogrammes meant for #ersons with disabilities* 7i+ monitor ,tili:ation of f,nds disb,rsed b" the Central !overnment for the benefit of #ersons with disabilities* and

7C+ s,ch other f,nctions as the Central !overnment ma" assign. 7'+ The National Commission shall consist of a Chair#erson who is a #erson of eminence with a disting,ished record of service of not less than twent"/five "ears in the field of disabilit"& and two Aembers with disting,ished record of service of not less than twent" "ears in the field of rehabilitation& advocac"& law& management and technolog" concerning disabilit" matters6 Provided that o,t of the two Aembers& one Aember shall be a #erson with disabilit". 7%+ The head office of the National Commission shall be in the National Ca#ital Region& Delhi.

Selection and appointment of Chairperson and 'embers
[email protected]$+ The Central !overnment shall& for the #,r#ose of selection of the Chair#erson and the Aembers of the National Commission& constit,te a election Committee consisting of/ 7a+ Cabinet ecretar"/Chair#erson* 7b+ ecretar" in charge of the Ainistr" or the De#artment res#onsible for administration of this Act as the convener/Aember* 7c+ ecretar" in charge of the Ainistries or the De#artments of the Central !overnment dealing with health and #ersonnel/ Aembers* 7d+ two e5#erts in the field of em#owerment and rehabilitation of #ersons with disabilit" matters as ma" be nominated b" the Central !overnment/ Aembers. 7'+ The Central !overnment shall& within two months from the date of occ,rrence of an" vacanc" b" reason of death& resignation or removal of the Chair#erson or a Aember of National Commission and three months before the s,#erann,ation or com#letion of the term of office of the Chair#erson or an" Aember of that Commission& ma-e a reference to the election Committee for filling ,# of the vacanc". 7%+ The election Committee shall finalise the selection of the Chair#erson and Aembers of the National Commission within two months from the date on which the reference is made to it. 7@+ The election Committee shall recommend a #anel of two names for ever" vacanc" referred to it. 7=+ The election Committee& before recommending an" #erson for a##ointment as a Chair#erson or other Aember of the National Commission& shall satisf" itself that s,ch #erson does not have an" financial or other interest& which is li-el" to affect #reC,diciall" his f,nctions as a Aember. 7)+ No a##ointment of the Chair#erson or other Aember of the National Commission shall be invalid merel" b" reason of an" vacanc" in the election Committee.

-erm of office of Chairperson and 'embers
3=.7$+ The Chair#erson and a Aember of the National Commission shall of Chair#erson hold office for a term of three "ears from the date on which he enters ,#on his and Aembers. office or ,ntil he attains the age of si5t"/ five "ears& whichever is earlier and shall be eligible for rea##ointment for another term of three "ears. 7'+ Notwithstanding an"thing contained in s,b section 7$+& the Chair#erson or an" Aember ma"/ 7a+ relin0,ish his office b" giving in writing to the Central !overnment a notice of not less than three months* or 7b+ be removed from his office in accordance with the #rovisions of section 3).

!emoval of Chairperson and 'embers
3).7$+ Notwithstanding an"thing contained in s,b/section 7$+ of section 3=& the Central !overnment ma"& b" order& remove from office the Chair#erson or an" other Aembers& if the Chair#erson or as the case ma" be& s,ch other Aember&/ 7a+ has been adC,dged an insolvent* or 7b+ has been convicted of an offence which& in the o#inion of the Central !overnment& involves moral t,r#it,de* or 7c+ has become #h"sicall" or mentall" inca#able of acting as a Aember* or 7d+ has ac0,ired s,ch financial or other interests as is li-el" to affect #reC,diciall" his f,nctions as a Aember* or 7e+ has so ab,sed his #osition as to render his contin,ance in office #reC,dicial to the #,blic interest. 7'+ No Aember shall be removed ,nder cla,ses 7d+ and 7e+ of s,b/section 7$+ ,nless he has been given a reasonable o##ort,nit" of being heard in the matter.

'ember to act as Chairperson or to dischar#e his functions in certain circumstances
33.7$+ 1n the event of an" vacanc" in the office of the Chair#erson b" reason of his death& resignation or otherwise& the Central !overnment ma" designate the senior most Aember to act as the Chair#erson ,ntil the da" on which a Chair#erson& a##ointed in accordance with the #rovisions of this Act to fill s,ch vacanc"& enters ,#on his office. 7'+ When the Chair#erson is ,nable to discharge his f,nctions owing to absence& illness or an" other ca,se& the Central !overnment ma" a,thorise the senior most Aember to discharge the f,nctions of the Chair#erson ,ntil the date on which the Chair#erson res,mes his d,ties. 7%+ The senior/most Aember designated to act ,nder s,b/section 7$+ or to discharge f,nctions of the Chair#erson ,nder s,b/section 7'+& of the Chair#erson shall contin,e to draw salar" and allowances of a Aember.

-erms and conditions of service of Chairperson and 'embers
3>. The salaries and allowances #a"able to& and the other terms and conditions of service of& the Chair#erson and Aembers of the National Commission shall be s,ch as ma" be #rescribed b" the Central !overnment6 Provided that neither the salar" and allowances nor the other terms and conditions of service of the Chair#erson or a Aember shall be varied to his disadvantage after his a##ointment.

/acancies, etc. not to invalidate the proceedin#s of &ational Commission
3?. No act or #roceeding of the National Commission shall be invalid merel" b" reason of6/ 7a+ an" vacanc" in& or an" defect in the constit,tion of& the National Commission* or 7b+ an" defect in the a##ointment of a #erson acting as a Aember of the National Commission* or 7c+ an" irreg,larit" in the #roced,re of the National Commission not affecting the merits of the case.

Procedure for &ational Commission
>(.7$+ The National Commission shall meet at s,ch time and #lace as the Chair#erson ma" thin- fit. 7'+ ,bCect to the #rovisions of this Act and the r,les made there ,nder& the National Commission shall have the #ower to la" down& b" reg,lations& its own #roced,re. 7%+ All orders and decisions of the National Commission shall be a,thenticated b" the ecretar" or an" other officer of the National Commission d,l" a,thorised b" the Chair#erson in this behalf.

)fficers and other staff of &ational Commission
>$.7$+ The Central !overnment shall ma-e available to the National Commission an officer of the ran- of an Additional ecretar" to the !overnment of 1ndia who shall be the ecretar" to the National Commission. 7'+ ,bCect to s,ch r,les as ma" be made b" the Central !overnment in this behalf& the National Commission ma" a##oint s,ch other administrative and technical officers and staff as it ma" consider necessar". 7%+ The salaries& allowances and conditions of service of the officers and other staff a##ointed ,nder s,b/section 7'+ shall be s,ch as ma" be #rescribed b" the Central !overnment.

-ransfer of service of existin# employees
>'. ,bCect to the #rovisions of this Act& ever" #erson em#lo"ed in the 2ffice of Chief Commissioner for #ersons with disabilities constit,ted ,nder section =3 of the Persons with Disabilities 7E0,al 2##ort,nities& Protection of Rights and B,ll Partici#ation+ Act& $??= immediatel" before the date of establishment of the National Commission shall& on and from s,ch date& become an em#lo"ee of the National Commission with s,ch designation as the National Commission ma" determine and shall hold his office or service therein b" the same ten,re& at the same rem,neration and ,#on the same terms and conditions as he wo,ld have held on s,ch date if the National Commission had not been established and shall contin,e to do so ,nless and ,ntil his em#lo"ment in the National Commission is terminated or ,ntil s,ch ten,re& rem,neration and terms and conditions are d,l" altered b" the National Commission6 7Remar-s 6 $ of $??)+ Provided that the ten,re& rem,neration and terms and conditions of service of an" s,ch #erson shall not be altered to his disadvantage witho,t the #revio,s a##roval of the Central !overnment.

"ction by appropriate authorities on recommendation of the &ational Commission
>%. Whenever the National Commission ma-es a recommendation to an a,thorit" in #,rs,ance of cla,se 7b+ of s,b/section 7$+ of section 3%& that a,thorit" shall ta-e necessar" action on it& and inform the Commission of the action ta-en within three months from the date of recei#t of the recommendation6 Provided that where an a,thorit" does not acce#t a recommendation& it shall conve" reasons for non acce#tance to the National Commission within the #eriod of three months& and shall also inform the aggrieved #erson.

&ational Commission to have certain po,ers of civil court
>@.7$+ The National Commission shall& for the #,r#ose of discharging its f,nctions ,nder this Act& have the same #owers of a civil co,rt as are vested in a co,rt ,nder the Code of Civil Proced,re& $?(> while tr"ing a s,it& in res#ect of the following matters& namel"6/ 7Remar-s 6 = of $??>+ 7aK s,mmoning and enforcing the attendance of witnesses* 7b+ re0,iring the discover" and #rod,ction of an" doc,ment* 7c+ re0,isitioning an" #,blic record or co#" thereof from an" co,rt or office* 7d+ receiving evidence on affidavits* and 7e+ iss,ing commissions for the e5amination of witnesses or doc,ments. 7'+ Ever" #roceeding before the National Commission shall be a C,dicial #roceeding within the meaning of sections $?% and ''> of the 1ndian Penal Code and the National Commission shall be deemed to be a civil co,rt for the #,r#oses of section $?= and

Cha#ter LLG1 of the Code of Criminal Proced,re& $?3%. 7Remar-s 6 @= of $>)( M ' of $?3@+

"nnual and special reports of &ational Commission
>=.7$+ The National Commission shall s,bmit an ann,al re#ort to the Central !overnment and ma" at an" time s,bmit s#ecial re#orts on an" matter which& in its o#inion& is of s,ch ,rgenc" or im#ortance that it shall not be deferred till s,bmission of the ann,al re#ort. 7'+ The Central !overnment shall ca,se the ann,al and s#ecial re#orts of the National Commission to be laid before each Ho,se of Parliament& along with a memorand,m of action ta-en or #ro#osed to be ta-en on the recommendations of the Commission and the reasons for non/acce#tance of the recommendations& if an". 7%+ The ann,al and s#ecial re#orts shall be #re#ared in s,ch form& manner and contain s,ch details as ma" be #rescribed b" the Central !overnment.

CHAPTR 13 $TATE C& I$$I&! ,&R PER$&!$ -ITH DI$ABILITIE$
Constitution of State Commission for persons ,ith disabilities
>).7$+ A tate !overnment shall constit,te a bod" to be -nown as the tate Commission for #ersons with disabilities or two or more tates on m,t,al consent can have one Commission in res#ect of their tates to e5ercise the #owers conferred ,#on and to #erform the following f,nctions namel"6/ 7a+ identif"& s,o mot,& or otherwise& #rovisions of an" law& #olicies& #rogrammes and #roced,res of the tate !overnment & which are inconsistent with the #rovisions of this Act& and recommend necessar" corrective ste#s* 7b+ in0,ire& s,o mot, or otherwise& with res#ect to de#rivation of rights of #ersons with disabilities and safeg,ards available to them& in res#ect of matters for which the tate !overnment is the a##ro#riate !overnment and ta-e ,# the matter with the a##ro#riate a,thorities for corrective action* 7c+ review the safeg,ards #rovided b" or ,nder this Act or an" other law for the time being in force for the #rotection of rights of #ersons with disabilities and recommend meas,res for their effective im#lementation* 7d+ review the factors that inhibit the enCo"ment of rights of #ersons with disabilities and recommend a##ro#riate remedial meas,res* 7e+ ,nderta-e and #romote research in the field of the rights of #ersons with disabilities*

7f+ #romote awareness of the rights of #ersons with disabilities arid the safeg,ards available for their #rotection* 7g+ monitor im#lementation of the #rovisions of this Act and schemes& #rogrammes meant for #ersons with disabilities* 7h+ monitor ,tili:ation of f,nds disb,rsed b" the tate !overnment for the benefit of #ersons with disabilities* and 7i+ s,ch other f,nctions as ma" be assigned b" the tate !overnment from time to time. 7'+ The tate Commission shall consist of a Chair#erson who is a #erson of eminence& with a disting,ished record of service of not less than twent" "ears in the field of disabilit"& and two Aembers& with disting,ished record of service of not less than fifteen "ears in the field of rehabilitation& advocac"& law& management& technolog" concerning disabilit" matters6 Provided that o,t of the two Aembers& one Aember shall be a #erson with disabilit". 7%+ The head0,arters of the tate Commission shall be at s,ch #lace as the !overnment ma"& b" notification& s#ecif". tate

Selection and appointment of its Chairpersons and 'embers
>3.7$+ The tate !overnment shall& for the #,r#ose of selection of the Chair#erson and the Aembers of the tate Commission& constit,te a election Committee consisting of/ 7a+ Chief ecretar"/Chair#erson* 7b+ ecretar" in charge of the Ainistr" or the De#artment res#onsible for administration of this Act as the convener / Aember* 7c+ ecretar" in charge of the De#artments of the tate !overnment dealing with Health& and Personnel/ Aembers* 7d+ two e5#erts in the field of rehabilitation of #ersons with disabilit" matters as ma" be nominated b" the tate !overnment/ Aember. 7'+ The tate !overnment shall& within two months from the date of occ,rrence of an" vacanc" b" reason of death& resignation or removal of the Chair#erson or a Aember of tate Commission and three months before the s,#erann,ation or com#letion of the term of office of the Chair#erson or an" Aember of that Commission& ma-e a reference to the election Committee for filling ,# of the vacanc". 7%+ The election Committee shall finalise the selection of the Chair#erson and Aembers of the tate Commission within two months from the date on which the reference is made to it. 7@+ The election Committee shall recommend a #anel of two names for ever" vacanc" referred to it.

7=+ 4efore recommending an" #erson for a##ointment as a Chair#erson or other Aember of the tate Commission& the election Committee shall satisf" itself that s,ch #erson does not have an" financial or other interest& which is li-el" to affect #reC,diciall" his f,nctions as a Aember. 7)+ No a##ointment of the Chair#erson or other Aember of tate Commission shall be invalid merel" b" reason of an" vacanc" in the election Committee.

-erm of office of Chairperson and 'embers
>>.7$+ The Chair#erson and Aembers of the tate Commission shall hold office for a term of three "ears from the date on which he enters ,#on his office or ,ntil he attains the age of si5t"/five "ears& whichever is earlier and shall be eligible for rea##ointment for another term of three "ears. 7'+ Notwithstanding an"thing contained in s,b section 7$+& the Chair#erson or an" Aember ma"/ 7a+ relin0,ish his office b" giving in writing to the tate !overnment a notice of not less than three months* or 7b+ be removed from his office in accordance with the #rovisions of section >?.

!emoval of Chairperson and 'embers
>?.7$+ Notwithstanding an"thing contained in s,b/section 7$+ of section >>& the tate !overnment ma"& b" order& remove from office the Chair#erson or an" other Aembers& if the Chair#erson or as the case ma" be& s,ch other Aember&/ 7a+ has been adC,dged an insolvent* or 7b+ has been convicted of an offence which& in the o#inion of the tate !overnment& involves moral t,r#it,de* or 7c+ has become #h"sicall" or mentall" inca#able of acting as a Aember& or 7d+ has ac0,ired s,ch financial or other interests as is li-el" to affect #reC,diciall" his f,nctions as a Aember* or 7e+ has so ab,sed his #osition as to render his contin,ance in office #reC,dicial to the #,blic interest. 7'+ No Aember shall be removed ,nder cla,ses 7d+ and 7e+ of s,b/section 7$+ ,nless he has been given a reasonable o##ort,nit" of being heard in the matter.

'ember to act as Chairperson or to dischar#e his functions in certain circumstances
?(.7$+ 1n the event of an" vacanc" in the office of the Chair#erson b" reason of his death& resignation or otherwise& the tate !overnment ma" designate the senior most Aember to act as the Chair#erson ,ntil the da" on which a Chair#erson& a##ointed in accordance with the #rovisions of this Act to fill s,ch vacanc"& enters ,#on his office.

7'+ When the Chair#erson is ,nable to discharge his f,nctions owing to absence& illness or an" other ca,se& the tate !overnment ma" a,thorise the senior most Aember to discharge the f,nctions of the Chair#erson ,ntil the date on which the Chair#erson res,mes his d,ties. 7%+ The senior/most Aember designated to act ,nder s,b/section 7$+ or to discharge f,nctions of the Chair#erson ,nder s,b/section 7'+& of the Chair#erson shall contin,e to draw salar" and allowances of a Aember.

-erms and conditions of service of Chairperson and 'embers
?$. The salaries and allowances #a"able to& and the other terms and conditions of service of the Chair#erson and Aembers of the tate Commission shall be s,ch as ma" be #rescribed b" the tate !overnment6 Provided that neither the salar" and allowances nor the other terms and conditions of service of the Chair#erson or a Aember shall be varied to his disadvantage after his a##ointment.

/acancies not to invalidate the proceedin#s of State Commission
?'. No act or #roceeding of the tate Commission shall be invalid merel" b" reason of/ 7a+ an" vacanc" in& or an" defect in the constit,tion of& the tate Commission* or 7b+ an" defect in the a##ointment of a #erson acting as a Aember of the tate Commission* or 7c+ an" irreg,larit" in the #roced,re of the tate Commission not affecting the merits of the case.

Procedure for State Commission
?%.7$+ The tate Commission shall meet at s,ch time and #lace as the Chair#erson ma" thin- fit. 7'+ ,bCect to the #rovisions of this Act and the r,les made there,nder& the Commission shall have the #owers to la" down& b" reg,lations& its own #roced,re. tate

7%+ All orders and decisions of the tate Commission shall be a,thenticated b" the ecretar" or an" other officer of the tate Commission d,l" a,thorised b" the Chair#erson in this behalf.

)fficers and other staff of State Commission.
[email protected]$+ The tate !overnment shall ma-e available to the tate Commission an officer of the ran- of Additional ecretar" to the tate !overnment who shall be the ecretar" to the Commission.

7'+ ,bCect to s,ch Riles as ma" be made b" the tate !overnment in this behalf& the Commission ma" a##oint s,ch other administrative and technical officers and staff as it ma" consider necessar". 7%+ The salaries& allowances and conditions of service of the officers and other staff a##ointed ,nder s,b/section 7'+ shall be s,ch as ma" be #rescribed b" the tate !overnment.

-ransfer of service of existin# employees to State Commission.
?=. ,bCect to the #rovisions of this Act& ever" #erson em#lo"ed in the 2ffice of tate Commissioner for #ersons with disabilities constit,ted ,nder the section )( of the Persons with Disabilities 7E0,al 2##ort,nities& Protection of Rights and B,ll Partici#ation+ Act& $??= Act immediatel" before the date of establishment of the tate Commission shall& on and from s,ch date becomes an em#lo"ee of the tate Commission with s,ch designation as the tate Commission ma" determine and shall hold his office or service therein b" the same ten,re& at the same rem,neration and ,#on the same terms and conditions as he wo,ld have held on s,ch date if the tate Commission had not been established and shall contin,e to do so ,nless and ,ntil his em#lo"ment in the tate Commission is terminated or ,ntil s,ch ten,re& rem,neration and terms and conditions are d,l" altered b" the tate Commission6 Provided that the ten,re& rem,neration and terms and conditions of service of an" s,ch #erson shall not be altered to his disadvantage witho,t the a##roval of the Central !overnment. 7Remar-s 6 $ of $??).+

"nnual and special reports of State Commission
?).7$+ The tate Commission shall s,bmit an ann,al re#ort to the tate !overnment and ma" at an" time s,bmit s#ecial re#orts on an" matter which& in its o#inion& is of s,ch ,rgenc" or im#ortance that it shall not be deferred till s,bmission of the ann,al re#ort. 7'+ The tate !overnment shall ca,se the ann,al and s#ecial re#orts of the tate Commission to be laid before each Ho,se of tate Degislat,re where it consists of two Ho,ses& or where s,ch Degislat,re consists of one Ho,se& before that Ho,se along with a memorand,m of action ta-en or #ro#osed to be ta-en on the recommendations of the tate Commission and the reasons for non/acce#tance of the recommendations& if an". 7%+ The ann,al and s#ecial re#orts shall be #re#ared in s,ch form& manner and contain s,ch details as ma" be #rescribed b" the tate !overnment.

-ransitory provisions
?3. The Chief Commissioner for #ersons with disabilities and the tate Commissioners for #ersons with disabilities a##ointed ,nder the Persons with Disabilities 7E0,al

2##ort,nities& Protection of Rights and B,ll Partici#ation+ Act& $??=& shall contin,e to so f,nction and e5ercise the #owers conferred on them ,nder that Act& ,ntil the National Commission and the tate Commission are constit,ted ,nder this Act& b,t on the constit,tion of the National Commission and the tate Commission& as the case ma" be& the Chief Commissioner for #ersons with disabilities and the tate Commissioners for #ersons with disabilities shall cease to hold office. 7Remar-s6 $ of $??)+

CHAPTER 1' $PECIAL C&%RT
Special Court
?>. Bor the #,r#ose of #roviding s#eed" trail& the tate !overnment shall& with the conc,rrence of the Chief 8,stice of the High Co,rt& b" notification& s#ecif" for each district& a Co,rt of ession to be a #ecial Co,rt to tr" the offences ,nder this Act.

Special public prosecutor
??.7$+ Bor ever" #ecial Co,rt& the tate !overnment ma"& b" notification& s#ecif" a P,blic Prosec,tor or a##oint an advocate& who has been in #ractice as an advocate for not less than seven "ears& as a #ecial P,blic Prosec,tor for the #,r#ose of cond,cting cases in that Co,rt. 7'+ The #ecial P,blic Prosec,tor a##ointed ,nder s,b/section 7$+ shall be entitled to receive s,ch fees or rem,neration as ma" be #rescribed b" the tate !overnment.

CHAPTER 1* !ATI&!AL ,%!D ,&R PER$&!$ -ITH DI$ABILITIE$
&ational +und for persons ,ith disabilities
$((.7$+ There shall be constit,ted a B,nd to be called the National B,nd for #ersons with disabilities and there shall be credited thereto/ 7a+ all s,ms available ,nder the B,nd for #eo#le with disabilities& constit,ted vide notification no. .2. =3%7E+ dated $$th A,g,st& $?>% and the Tr,st B,nd for Em#owerment of Persons with Disabilities& constit,ted vide notification no %(/(%N'((@/ DD11 dated '$sO November& '(()& ,nder the Charitable Endowment Act& $>?(. 7Remar-s 6 ) of $>?(+

7b+ all s,ms #a"able b" ban-s& cor#orations& financial instit,tions in #,rs,ance of C,dgment dated the $)th A#ril& '((@ of the HonOble ,#reme Co,rt in Civil A##eal No.@)== and ='$> of '(((* 7c+ all s,ms received b" wa" of grant& gifts& donations& beneficiations& be0,ests or transfers* 7d+ all s,ms received from the Central !overnment incl,ding grant/in/aid* 7e+ all s,ms from s,ch other so,rces as ma" be decided b" the Central !overnment. 7'+ The B,nd for #ersons with disabilities shall be ,tilised and managed in s,ch manner as ma" be #rescribed.

"ccounts and audit
$($.7$+ The Central !overnment shall maintain #ro#er acco,nts and other relevant records and #re#are an ann,al statement of acco,nts of the B,nd incl,ding the income and e5#endit,re acco,nts in s,ch form as ma" be #rescribed in cons,ltation with the Com#troller and A,ditor/!eneral of 1ndia. 7'+ The acco,nts of the B,nd shall be a,dited b" the Com#troller and A,ditor !eneral of 1ndia at s,ch intervals as ma" be s#ecified b" him and an" e5#endit,re inc,rred b" him in connection with s,ch a,dit shall be #a"able from the B,nd to the Com#troller and A,ditor/!eneral of 1ndia. 7%+ The Com#troller and A,ditor/!eneral of 1ndia and an" other #erson a##ointed b" him in connection with the a,dit of the acco,nts of the B,nd shall have the same rights& #rivileges and a,thorit" in connection with s,ch a,dit as the Com#troller and A,ditor/ !eneral of 1ndia generall" has in connection with the a,dit of the !overnment acco,nts& and in #artic,lar& shall have the right to demand #rod,ction of boo-s of acco,nts& connected vo,chers and other doc,ments and #a#ers and to ins#ect an" of the offices of the B,nd. 7@+ The acco,nts of the B,nd as certified b" the Com#troller and P A,ditor/!eneral of 1ndia or an" other #erson a##ointed b" him in this behalf& together with the a,dit re#ort thereon& shall be laid before each Ho,se of Parliament b" the Central !overnment.

Exemption from tax on ,ealth, income, profits and #ains
$('. Notwithstanding an"thing contained in6/ 7i+ the Wealth/ta5 Act& $?=3& 7Remar-s 6 '3 to $?=3+ 7ii+ the 1ncome/ta5 Act& $?)$& or 7Remar-s6 @% of $?)$+

7iii+ an" other law for the time being in force relating to ta5 on wealth& income& #rofits or gains& the B,nd shall not be liable to #a" Wealth/ta5& income/ta5 or an" other ta5 in res#ect of its wealth& income& #rofits or gains derived.

CHAPTER 1+ &,,E!CE$ A!D PE!ALTIE$
Punishment for contravention of provisions of "ct or rules or re#ulations made thereunder.
$(%. An" #erson who contravenes an" of the #rovisions of this Act& or of an" r,le or reg,lation made there,nder shall for first contravention be #,nishable with im#risonment for a term which ma" e5tend to si5 months& or with a fine which ma" e5tend to ten tho,sand r,#ees or with both& and for an" s,bse0,ent contravention with im#risonment for a term which ma" e5tend to two "ears or with fine which shall not be less than fift" tho,sand r,#ees b,t which ma" e5tend to five la-h r,#ees or with both.

)ffences by companies
$(@. 7$+ Where an offence ,nder this Act has been committed b" a com#an"& ever" #erson who at the time the offence was committed was in charge of& and was res#onsible to& the com#an" for the cond,ct of the b,siness of the com#an"& as well as the com#an"& shall be deemed to be g,ilt" of the offence and shall be liable to be #roceeded against and #,nished accordingl"6 Provided that nothing contained in this s,b/section shall render an" s,ch #erson liable to an" #,nishment #rovided in this Act& if he #roves that the offence was committed witho,t his -nowledge or that he has e5ercised all d,e diligence to #revent the commission of s,ch offence. 7'+ Notwithstanding an"thing contained in s,b/section 7$+& where an offence ,nder this act has been committed b" a com#an" and it is #roved that the offence has been committed with the consent or connivance of& or is attrib,table to& an" neglect on the #art of an" director& manager& secretar" or other officer of the com#an"& s,ch director& manager& secretar" or other officer shall also be deemed to be g,ilt" of the offence and shall be liable to be #roceeded against and #,nished accordingl". E5#lanation / Bor the #,r#oses of this section&/ 7a+ Fcom#an"F means an"bod" cor#orate and incl,des a firm or other association of individ,als* and 7b+ FdirectorF& in relation to a firm& means a #artner in the firm.

Punishment for fraudulently availin# any benefit meant for persons ,ith disabilities.
$(=. Whoever& fra,d,lentl" avails or attem#ts to avail an" benefit meant for #ersons with benchmar- disabilities& shall be #,nishable with im#risonment for a term which ma" e5tend to two "ears or with fine which ma" e5tend to one la-h r,#ees or both.

Punishments for offences of atrocities
$(). Whoever&/ 7a+ intentionall" ins,lts or intimidates with intent to h,miliate a #erson with disabilit" in an" #lace within #,blic view* 7b+ assa,lts or ,ses force to an" #erson with disabilit" with intent to dishonor him or o,trage the modest" of a woman with disabilit"* 7c+ having the act,al charge or control over a #erson with disabilit" vol,ntaril" or -nowingl" denies food or fl,ids to him or her* 7d+ being in a #osition to dominate the will of a child or woman with disabilit" and ,ses that #osition to e5#loit se5,all"* 7e+ vol,ntaril" inC,res& damages or interferes with the ,se of an" limb or sense or an" s,##orting device of a #erson with disabilit"* 7f+ #erforms cond,cts or directs an" medical #roced,re to be #erformed on a woman with disabilit" which leads to or is li-el" to lead to termination of #regnanc" witho,t her e5#ress consent e5ce#t in cases where medical #roced,re for termination of #regnanc" is done in severe cases of disabilit" and with the o#inion of a registered medical #ractitioner and also with the consent of the g,ardian of the woman with disabilit". shall be #,nishable with im#risonment for a term which shall not be less than si5 months b,t which ma" e5tend to five "ears and with fine.

Punishment for failure to furnish information.
$(3. Whoever& fails to #rod,ce an" boo-& acco,nt or other doc,ment or to f,rnish an" statement& information or #artic,lars which& ,nder this Act or an" order& reg,lation or direction made or given there ,nder& is d,t" bo,nd to #rod,ce or f,rnish or to answer an" 0,estion #,t in #,rs,ance of the #rovisions of this Act or of an" order& reg,lation or direction made or given there ,nder& shall be #,nishable with fine which ma" e5tend to twent" five tho,sand r,#ees in res#ect of each offence& and in case of contin,ed fail,re or ref,sal& with f,rther fine which ma" e5tend to one tho,sand r,#ees for each da"& of contin,ed fail,re or ref,sal after the date of original order im#osing #,nishment of fine.

Previous sanction of appropriate (overnment
$(>. No Co,rt shall ta-e cogni:ance of an offence alleged to have been committed b" an em#lo"ee of the a##ro#riate !overnment ,nder this Cha#ter& e5ce#t with the #revio,s

sanction of the a##ro#riate !overnment or a com#laint is filed b" an officer a,thorised b" it in this behalf.

"lternative punishments
$(?. Where an act or omission constit,tes an offence #,nishable ,nder this Act and also ,nder an" other Central or tate Act& then& notwithstanding an"thing contained in an" law for the time being in force& the offender fo,nd g,ilt" of s,ch offence shall be liable to #,nishment onl" ,nder s,ch Act as #rovides for #,nishment which is greater in degree.

CHAPTER 1. I$CELLA!E&%$
"pplication of other la,s not barred.
$$(. The #rovisions of this Act shall be in addition to and not in derogation of& the #rovisions of an" other law for the time being in force.

Protection of action ta%en in #ood faith
$$$. No s,it& #rosec,tion or other legal #roceeding shall lie against the a##ro#riate !overnment or an" officer of the a##ro#riate !overnment or an" officer or em#lo"ee of the National Commission or tate Commission for an"thing which is in good faith done or intended to be done ,nder this Act or the r,les or reg,lations made there ,nder.

Po,er to remove difficulties
$$'.7$+ 1f an" diffic,lt" arises in giving effect to the #rovisions of this Act& the Central !overnment ma"& b" order #,blished in the 2fficial !a:ette& ma-e s,ch #rovisions or give s,ch directions& not inconsistent with the #rovisions of this Act& as ma" a##ear to it to be necessar" or e5#edient for removing the diffic,lt"6 Provided that no s,ch order shall be made ,nder this section after the e5#ir" of the #eriod of two "ears from the date of commencement of this Act. 7'+ Ever" order made ,nder this section shall be laid as soon as ma" be& after it is made& before each Ho,se of Parliament.

Po,er to amend Schedule
$$%.7$+ 2n the recommendations made b" the a##ro#riate !overnment or otherwise& if the Central !overnment is satisfied that it is necessar" or e5#edient so to do& it ma"& b"

notification& amend the ched,le and an" s,ch notification being iss,ed& the ched,le shall be deemed to have been amended accordingl". 7'+ Ever" s,ch notification shall& as soon as #ossible after it is iss,ed& shall be laid before each Ho,se of Parliament.

Po,er of Central (overnment to ma%e rules
$$@. 7$+ The Central !overnment ma"& s,bCect to the condition of #revio,s #,blication& b" notification& ma-e r,les for carr"ing o,t the #rovisions of this Act. 7'+ 1n #artic,lar& and witho,t #reC,dice to the generalit" of foregoing #ower& s,ch r,les ma" #rovide for all or an" of the following matters& namel"6/ 7a+ the manner of constit,ting the ethics committee ,nder s,b/section 7'+ of section =* 7b+ the manner of notif"ing the e0,al o##ort,nit" #olic" ,nder s,b/section 7$+ of section '(* 7c+ the form and manner of maintaining records b" ever" establishment ,nder s,b/ sections 7$+ of section '$* 7d+ the manner of maintenance of register of com#laints b" grievance redressal officer ,nder s,b/section 7 %+ of section ''* 7e+ the manner of f,rnishing information and ret,rn b" establishment to the #ecial Em#lo"ment E5change ,nder section %=* 7f+ the com#osition of the Assessment 4oard ,nder s,b/section 7'+ and manner of assessment to be made b" the assessment board ,nder s,b/section 7%+ of section %3* 7g+ the manner of a##lication for iss,ance of certificate of disabilit" ,nder s,b/section 7$+ and form of certificate of disabilit" ,nder s,b/section 7'+ of section =3* 7h+ the allowances to be #aid to nominated Aembers of Central Advisor" 4oard ,nder s,b/section 7)+ of section )(* 7i+ the r,les of #roced,re for transaction of b,siness in the meetings of Central Advisor" 4oard ,nder section )%* 7C+ the salaries and allowances and other conditions of services of chair#ersons and Aembers of National Commission ,nder section 3>* 7-+ the salaries and allowances and conditions of services of officers and staff of National Commission ,nder s,b/section 7%+ of section >$* 7l+ the form& manner and content of ann,al re#ort to be #re#ared and s,bmitted b" National Commission ,nder s,b/section 7%+ of section >=* 7m+ the #roced,re& manner of ,tili:ation and management of the f,nd ,nder s,b/section 7'+ of $((* and 7n+ the form for #re#aration of acco,nts of f,nd ,nder s,b/section7$+ of section $($* 7%+ Ever" r,le made ,nder this Act shall be laid& as soon as ma" be after it is made& before each Ho,se of Parliament while it is in session& for a total #eriod of thirt" da"s which ma" be com#rised in one session or in two or more s,ccessive sessions& and if& before the e5#ir" of the session immediatel" following the session or the s,ccessive sessions& aforesaid& both Ho,ses agree in ma-ing an" modification in the r,le or both Ho,ses agree that the r,le sho,ld not be made& the r,le shall thereafter have effect onl" in s,ch modified form or be of no effect& as the case ma" be* so& however& that an" s,ch

modification or ann,lment shall be witho,t #reC,dice to the validit" of an"thing #revio,sl" done ,nder that r,le.

Po,ers of State (overnment to ma%e rules
$$=.7$+ The tate !overnment ma"& s,bCect to the condition of #revio,s #,blication& b" notification& ma-e r,les for carr"ing o,t the #rovisions of this Act. 7'+ 1n #artic,lar& and witho,t #reC,dice to the generalit" of foregoing #owers& s,ch r,les ma" #rovide for all or an" of the following matters& namel"6/ 7a+ the manner of constit,ting the ethics committee ,nder s,b/section 7'+ of section =* 7b+ the form and manner of ma-ing an a##lication for certificate of registration ,nder s,b/section 7$+ of section =(* 7c+ the facilities to be #rovided and standards to be met b" instit,tion for grant of certificate of registration ,nder s,b/section 7%+ of section =(* 7d+ the validit" of certificate of registration& the form of and conditions attached to certificate of registration ,nder s,b/section 7@+ of section =(* 7e+ the #eriod of dis#osal of a##lication for certificate of registration ,nder s,b/section 73+ of section =(* 7f+ the #eriod within which an a##eal to be made ,nder s,b/section 7$+ section ='* 7g+ the time and manner of a##ealing against the order of certif"ing a,thorit" ,nder s,b/ section 7$+ and manner of dis#osal of s,ch a##eal ,nder s,b/section 7'+ of section =>* 7h+ the allowances to be #aid to nominated members of tate Advisor" 4oard ,nder s,b/section 7)+ of section ))* 7i+ the r,les of #roced,re for transaction of b,siness in the meetings of tate Advisor" 4oard ,nder section )?* 7C+ the com#osition& and f,nctions of district level committee ,nder section 3$* 7o+ salaries& allowances and other conditions of services of Chair#ersons and Aembers of tate Commission ,nder ection ?$* 7#+ the salaries& allowances and conditions of services of officers and staff of tate Commission ,nder s,b/section 7%+ of section ?@* 70+ the form& manner and content of ann,al and s#ecial re#orts to be #re#ared and s,bmitted b" tate Commission ,nder s,b/section 7%+ of section ?)* and 7r+ the fee or rem,neration to be #aid to the s#ecial #,blic #rosec,tor ,nder s,b/ section 7'+ of section ??* 7%+ Ever" r,le made b" the tate !overnment ,nder this Act shall be laid& as soon as ma" be after it is made& before each Ho,se of the tate Degislat,re where it consists of two Ho,ses& or where s,ch tate Degislat,re consists of one Ho,se& before that Ho,se.

Po,er of &ational Commission to ma%e re#ulations
$$).7$+ The National Commission ma"& with the #revio,s a##roval of the Central !overnment and after #revio,s #,blication& b" notification& ma-e reg,lations consistent with this Act and the r,les made there,nder to carr" o,t the #rovisions of this Act.

7'+ 1n #artic,lar& and witho,t #reC,dice to the generalit" of the foregoing #ower& s,ch reg,lations ma" #rovide for all or an" of the following matters& namel"6/ 7a+ standards for accessibilit" ,nder section %?* and 7b+ the r,les of #roced,re for transaction of b,siness ,nder section >(. 7%+ Ever" reg,lation made ,nder this Act shall be laid& as soon as ma" be after it is made& before each Ho,se of Parliament& while it is in session& for a total #eriod of thirt" da"s which ma" be com#rised in one session or in two or more s,ccessive sessions& and if& before the e5#ir" of the session immediatel" following the session or the s,ccessive sessions aforesaid& both Ho,ses agree in ma-ing an" modification in the r,le or both Ho,ses agree that the r,le sho,ld not be made& the r,le shall thereafter have effect onl" in s,ch modified form& or be of no effect& as the case ma" be* so& however& that an" s,ch modification or ann,lment shall be witho,t #reC,dice to the validit" of an"thing #revio,sl" done ,nder that r,le.

Po,ers of State Commission to ma%e re#ulations
$$3.7$+ The tate Commission ma"& with the #revio,s a##roval of the Central !overnment and after #revio,s #,blication& b" notification& ma-e reg,lations consistent with this Act and the r,les made there,nder to carr" o,t the #rovisions of this Act6 Provided that where an" reg,lation has alread" been iss,ed in an" s,ch matter b" the National Commission& s,ch reg,lations shall #revail over the reg,lations of the tate Commission #ertaining to the said matter. 7'+ 1n #artic,lar& and witho,t #reC,dice to the generalit" of the foregoing #ower& the tate Commission shall ma-e reg,lations relating to the r,les of #roced,re for transaction of b,siness ,nder section ?%. 7%+ Ever" reg,lation made b" the tate Commission ,nder this Act shall be laid& as soon as ma" be after it is made& before each Ho,se of the tate Degislat,re where it consists of two Ho,ses& or where s,ch tate Degislat,re consists of one Ho,se& before that Ho,se.

!epeal and savin#
$$>.7$+ The Persons with Disabilities 7E0,al 2##ort,nit" Protection of Rights and B,ll Partici#ation+ Act& $??= is hereb" re#ealed. 7Remar-s 6 $ of $??)+ 7'+ Notwithstanding the re#eal of the said Act& an"thing done or an" action ta-en ,nder the said Act& an"thing done or an" action ta-en ,nder the said Act shall be deemed to be have been done or ta-en ,nder the corres#onding #rovisions of this Act.

THE $CHED%LE
P ee cla,se 75+ of section 'Q

SPEC*+*ED D*S".*L*-*ES
$. ;A,tism #ectr,m DisorderF means a ne,ro/#s"chological condition t"#icall" a##earing in the first three "ears of life that significantl" affects a #ersonOs abilit" to comm,nicate& ,nderstand relationshi#s and relate to others& and is fre0,entl" associated with ,n,s,al or stereot"#ical rit,als or behavio,rs. '. FblindnessF means a condition where a #erson has an" of the following conditions& after best correction&/ 7i+ total absence of sight* or 7ii+ vis,al ac,it" not e5ceeding %N)( or $(N'(( 7 nellen+ in the better e"e* or 7iii+ limitation of the field of vision s,btending an angle of $( degree or worse. %. ;cerebral #als"F means a gro,# of non/#rogressive ne,rological condition of a #erson affecting bod" movements and m,scle coordination ca,sed b" damage to one or more s#ecific areas of the brain& ,s,all" occ,rring before& d,ring or shortl" after birth. @. Fchronic ne,rological conditionsF means a condition that has its origin in some #art of #ersonOs nervo,s s"stem lasting for a long #eriod of time or mar-ed b" fre0,ent rec,rrence. =. FdeafblindnessF means a condition in which a #erson ma" have a combination of hearing and vis,al im#airments ca,sing severe comm,nication& develo#mental& and ed,cational #roblems and incl,de&/ 7i+ moderate to #rofo,nd hearing and significant vis,al im#airments* 7ii+ moderate to #rofo,nd hearing and significant vis,al im#airments and other significant disabilities* 7iii+ central #rocessing #roblems of vision and hearing* 7iv+ #rogressive sensor" im#airments or significant vis,al im#airment* and 7v+ #ossible loss of a,ditor" #rocessing mechanisms 7associated with severe #h"sical disabilit" or severe cognitive disabilit"+ and severe comm,nication dela". ). Fhemo#hiliaF means an inheritable disease& ,s,all" affecting onl" male b,t transmitted b" women to their male children& characterised b" loss or im#airment of the normal clotting abilit" of blood so that a minor wo,nd ma" res,lt in fatal bleeding. 3. Fhearing 1m#airmentF means loss of si5t" decibels hearing level or more in the better ear in the conversational range of fre0,encies. >. Fintellect,al disabilit"F means a condition characterised b" significant limitations both in intellect,al f,nctioning 7reasoning& learning& #roblem solving+ and in ada#tive behavio,r& which covers a range of ever"da" social and #ractical s-ills.

Fle#ros" c,red #ersonF means a #erson who has been c,red of le#ros" b,t is s,ffering from/ 7i+ loss of sensation in hands or feet as well as loss of sensation and #aresis in the e"e and e"e/lid b,t with no manifest deformit"* 7ii+ manifest deformit" and #aresis b,t having s,fficient mobilit" in their hands and feet to enable them to engage in normal economic activit"* 7iii+ e5treme #h"sical deformit" as well as advanced age which #revents him or her from ,nderta-ing an" gainf,l occ,#ation& and the e5#ression Fle#ros" c,redF shall constr,ed accordingl". $(. Flocomotor disabilit"F means a #ersonOs inabilit" to e5ec,te distinctive activities associated with movement of self and obCects res,lting from affliction of m,sc,los-eletal or nervo,s s"stem or both. $$. Flow/visionF means a condition where a #erson has an" of the following conditions& namel"6/ 7i+ vis,al ac,it" not e5ceeding )N$> or '(N)( and less than )N)( or '(N'(( 7 nellen+ in the better e"e with correcting lenses* or 7ii+ limitation of the field of vision s,btending an angle of more than $( and ,# to @( degree. $'. ;mental illnessF means a s,bstantial disorder of thin-ing& mood& #erce#tion& orientation or memor" that grossl" im#airs C,dgement& behavior& ca#acit" to recognise realit" or abilit" to meet the ordinar" demands of life& b,t does not incl,de mental retardation which is a condition of arrested or incom#lete develo#ment of mind of a #erson& s#eciall" characterised b" s,bnormalit" of intelligence. $%. Fm,lti#le d"stro#h"F means a gro,# of hereditar" genetic m,scle disease that wea-ens the m,scles that move the h,man bod" and #ersons with m,lti#le d"stro#h" have incorrect or missing information in their genes& which #revents them from ma-ing the #roteins the" need for health" m,scles. 1t is characterised b" #rogressive s-eletal m,scle wea-ness& defects in m,scle #roteins& and the death of m,scle cells and tiss,e. $@. Fm,lti#le sclerosisF means an inflammator"& nervo,s s"stem disease in which the m"elin sheaths aro,nd the a5ons of nerve cells of the brain and s#inal cord are damaged& leading to dem"elination and affecting the abilit" of nerve cells in the brain and s#inal cord to comm,nicate with each other. $=. Fs#ecific learning disabilitiesF means a heterogeneo,s gro,# of conditions wherein there is a deficit in #rocessing lang,age& s#o-en or written& that ma" manifest itself as a diffic,lt" to com#rehend& s#ea-& read& write& s#ell& or to do mathematical calc,lations and incl,des s,ch conditions as #erce#t,al disabilities& d"sle5ia& d"sgra#hia& d"scalc,lia& d"s#ra5ia and develo#mental a#hasia.

$). Fs#eech and lang,age disabilit"F means a #ermanent disabilit" arising o,t of conditions s,ch as lar"ngectom" or a#hasia affecting one or more com#onents of s#eech and lang,age d,e to organic or ne,rological ca,ses. $3. FthalassemiaF means a gro,# of inherited disorders characterised b" red,ced or absent amo,nts of hemoglobin. $>. Fsic-le cell diseaseF means a hemol"tic disorder characterised b" chronic anemia& #ainf,l events& and vario,s com#lications d,e to associated tiss,e and organ damage& Fhemol"ticF refers to the destr,ction of the cell membrane of red blood cells res,lting in the release of hemoglobin. $?. Fm,lti#le disabilit"F means two or more of the s#ecified disabilities mentioned at serial n,mbers $ to $>& occ,rring in a #erson at the same time. '(. An" other categor" as ma" be notified b" the Central !overnment. &&&&&&&&&&

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