Dpwdact

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Dpwdact

  1. 1. DRAFT / 04.9.09 Amendments proposed in the Persons with Disabilities Act, 1995 S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks Chapter I- Preliminary 1 2. In this Act, unless the context 2. In this Act, unless there is anything repugnant in the Improved definition of otherwise requires,- subject or context,- “Appropriate Government”. (a) "Appropriate Government" means,- (a) "Appropriate Government" means,- (i) In relation to the Central (i) In relation to an establishment of the Central Government or any establishment Government, or an establishment, wholly or substantially wholly or substantially financed by that owned or financed by that Government, or a Cantonment Government, or a Cantonment Board Board constituted under the Cantonment Act, 1924, or a constituted under the Cantonment Act, union territory without legislature, or the provider of a 1924, the Central Government ; service which pertains to List I in Schedule VII of the Constitution, the Central Government; (ii) In relation to a State Government or any establishment wholly or (ii) In all other cases, the State Government or, as the case substantially financed by that may be, the Government of a UT with legislature. Government, or any local authority, other than a Cantonment Board, the State Government; (iii) In respect of the Central Co- (iii) In respect of the Central Board, the Central ordination Committee and the Central Committee, and the Chief Commissioner, the Central Executive Committee, the Central Government; Government; (iv) In respect of the State Co- (iv) In respect of a State Board, the State Committee, and ordination Committee and the State the State Commissioner, the State Government; Executive Committee, the State Government; 1
  2. 2. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks Chapter I- Preliminary 2 New Provision 2(aa) “autism” means a condition of uneven skill Proposed to be added in development primarily affecting the communication and line with Section 2(a) of social abilities of a person, marked by repetitive and the National Trust Act. ritualistic behaviour; (to be inserted after 2(a) in Chapter I) 3 2(b) "blindness" refers to a condition 2(b) “blindness” refer to a condition where a person suffers As recommended by the where a person suffers from any of the from any of the following conditions, namely:- Expert Committee set up following conditions, namely:- by the Ministry under DGHS’s chairmanship. (i) Total absence of sight; or (i) Total absence of sight; or (ii) Visual acuity not exceeding 6/60 (ii) Visual acuity not exceeding 3/60 or 10/200 (snellen) or 20/200 (snellen) in the better in the better eye with best correcting lenses; or eye with correcting lenses; or (iii) Limitation of the field of vision (iii) Limitation of field of vision subtending an angle of 10 subtending an angle of 20 degree degree or worse; or worse; 4 (c) "Central Co-ordination Committee" 2(c) “Central Board” means the Central Advisory Board To bring the means the Central Co-ordination constituted under sub-section (1) of section 3. nomenclature in line with Committee constituted under sub-section the functions of this (1) of section 3; (The phrase "Central Co-ordination Committee" shall be body. replaced with “Central Advisory Board” wherever it appears in sections 3 to 8, 23 and 24 of the Act.) 5 (d) "Central Executive Committee" 2(d) “Central Committee” means the Central To bring the means the Central Executive Committee Coordination and Monitoring Committee constituted nomenclature in line with constituted under sub-section (1) of under sub-section (1) of section 9. the functions of this section 9; body. (The phrase "Central Executive Committee" shall be replaced with “Central Coordination and Monitoring Committee” wherever it appears in sections 9 to 12 and 24 of the Act.) 2
  3. 3. Present Provision Proposed Provision (Changes indicated in bold) Remarks S. No. Chapter I- Preliminary 6 New Provision 2(ga). “communication” includes languages, display of Taken from article 2- text, Braille, tactile communication, large print, (“Definitions”) of United accessible multimedia as well as written, audio, plain- Nations Convention of language, human-reader and augmentative and Persons with Disabilities alternative modes, means and formats of communication, (UNCRPD). Proposed to including accessible information and communication be added in the context of technology; revised Section 26(2)(b). (to be inserted after 2(g) in Chapter I) 7 2(i): ‘disability’ means- 2(i) : ‘disability’ means- Expand the scope of definitions by inclusion (i) blindness; (i) autism; of autism and ‘multiple (ii) low vision; (ii) blindness; (iii) low vision; disabilities’. (iii) leprosy-cured; (iv) hearing-impaired; (iv) leprosy-cured; (v) hearing-impaired; (v) locomotor disability; (vi) locomotor disability; (vi) mental retardation; (vii) mental retardation; (vii) mental illness; (viii) mental illness; (ix) multiple disability; 8 New Provision 2(ia) “discrimination on the basis of disability” means Taken from article 2- any distinction, exclusion or restriction on the basis of (“Definitions”) of disability which has the purpose or effect of impairing or UNCRPD. Relevant for nullifying the recognition, enjoyment or exercise, on an new Section 24-A equal basis with others, of all human rights and proposed to be inserted. fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation and the term “non-discrimination” shall be interpreted accordingly; (to be inserted after 2(i) in Chapter I) 9 New Provision 2(ib) “District Committee” means a District-level Definition in the context Committee on Disability constituted under sub-section of new Section 19B. (1) of Section 19B. 3
  4. 4. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks Chapter I- Preliminary 10 New Provision 2 (ka) “Fund” means the National Fund for Persons with New definition, in the Disabilities established under Section 68 B. context of new Chapter XIIIA. (to be inserted after 2(k) in Chapter I) 11 2(l) "Hearing impairment" means 2(l) "Hearing impairment" means sensorineural hearing As recommended by the loss of sixty decibels or more in the loss of forty five decibels (dBHL) or more in the better ear Expert Committee set up better ear in the conversational range in conversational range of' frequencies and the binaural by the Ministry under of' frequencies; loss of forty percent, or Word Recognition Score of forty DGHS’s chairmanship. percent or less; 12 New Provision 2(la) “inclusive environment” in relation to education of New definition, in the students with disabilities means a system which supports context of revised students with disabilities to study in educational Section 26(1). institutions with their peer group without disabilities, on an equitable basis. 13 New Provision 2(lb) “language” includes spoken and sign languages and Taken from article 2- other forms of non spoken languages; (“Definitions”) in UNCRPD. 14 New Provision 2(na) “Local authority” means a panchayat, a New definition proposed municipality and any other local authority established by to be introduced. or under an Act, and includes a "Local authority" as defined in clause (31) of Section 3 of the General Clauses Act, 1987. (to be inserted after 2 (n) in Chapter I) 15 New Provision 2(ra) "multiple disabilities" means a combination of two New definition proposed or more disabilities as listed at S. No. (i) – (viii) in clause (i) to be introduced in the of section 2. PwD Act, from section 2(h) of the National (to be inserted after 2(r) in Chapter I) Trust Act. 4
  5. 5. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks Chapter I- Preliminary 16 New Provision 2(ta) “Person with severe disability” means a person with New definition proposed 80% or more of one or more disabilities, as certified by a to be introduced, from medical authority, and the phrase “Child with severe section 2(o) of the disability” shall be construed accordingly, National Trust Act and Section 56(4) of the (to be inserted after 2(t) in Chapter I) PwD Act (before amendment). 17 2(u) "person with low vision" means a 2(u) "person with low vision" means a person with As per recommendation of person with impairment of visual impairment of vision of less than 6/18 to 4/60 with best expert committee setup by functioning even after treatment or correction in the better eye or impairment of field of the Ministry of Social standard refractive correction but who vision in any one of the following categories:- Justice & Empowerment uses or is potentially capable of using chaired by Director (a) Reduction of field less than 50 degrees General, Health Services. vision for the planning or executor of a (b) Hemianopia with macular involvement task with appropriate assistive device; (c) Altitudinal defect involving lower fields 18 New Provision 2(va) “poverty alleviation schemes” means schemes and The term “poverty programmes of the Central Government, State Government or alleviation schemes” is a local authority aimed at alleviation of poverty. used in Section 40, but not (to be inserted after 2 (v) in Chapter I) defined at present. 19 New Provision 2(vb) ‘public building’ means a building, irrespective of Based on clause (1) of ownership, which is used by the public at large. article 9- (“Accessibility”) of the UNCRPD 20 New Provision 2(vc) “reasonable accommodation” means necessary and Taken from article 2- appropriate modification and adjustments not imposing a (“Definitions”) in disproportionate or undue burden, where needed in a UNCRPD, in the context particular case, to ensure to persons with disabilities the of revised section 26(1). enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; 21 2(w): “rehabilitation” refers to a process 2(w): “rehabilitation” refers to a process aimed at enabling Based on clause 1 of aimed at enabling persons with disabilities to persons with disabilities to attain and maintain maximum article 26- (“Habilitation reach and maintain their optimal physical, independence, full physical, sensory, intellectual, psychiatric, and Rehabilitation”) in sensory, intellectual, psychiatric or social social and vocational ability, and full inclusion and UNCRPD functional levels. participation in all aspects of life. 5
  6. 6. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks Chapter I- Preliminary 22 2(y) "State Co-ordination Committee" 2(y) “State Board” means the State Advisory Board To bring the means the State Co-ordination constituted under sub-section (1) of section 13. nomenclature in line with the functions of Committee constituted under sub-section (The phrase "State Co-ordination Committee" shall be replaced this body. with “State Advisory Board” wherever it appears in sections 13 to (1) of section 19; 18, 23 and 24 of the Act.) 23 2(z) "State Executive Committee" means 2(z) “State Committee” means the State Coordination and To bring the the State Executive Committee Monitoring Committee constituted under sub-section (1) of nomenclature in line constituted under sub-section (l) of section 19. with the functions of section 19 this body. (The phrase "State Executive Committee" shall be replaced with “State Coordination and Monitoring Committee” wherever it appears in sections 19 to 22 and 24 of the Act.) 24 New Provision 2(za) “universal design” means the design of products, Taken from article 2- environments, programmes and services to be usable by (“Definitions”) in all people, including persons with disabilities to the UNCRPD. greatest extent possible, without the need for adaptation or specialized design. 6
  7. 7. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 25 Chapter II - Central Co-ordination Chapter II - Central Advisory Board Title is being changed Committee 26 3. Central Co-ordination Committee – 3. Central Advisory Board – Changes are proposed to be made because of the (1) The Central Government shall by (1) The Central Government shall by notification constitute a following reasons:- notification constitute a body to be body to be known as the Central Advisory Board to known as the Central Co-ordination exercise the powers conferred on, and to perform the (i) to account for Committee to exercise the powers functions assigned to it, under this Act. changes in the conferred on, and to perform the nomenclature of some of functions assigned to it, under this Act. the Ministries, (2) The Central Co-ordination Committee (2) The Central Advisory Board shall consist of- (ii) inclusion of some shall consist of- more ex-officio (a) The Minister-in-charge of the (A) The Minister-in-charge of the Ministry in the Central members in the Ministry of Social Welfare in the Central Government which nodally deals with disability matters, committee, Government, Chairperson, ex officio; Chairperson, ex officio; (iii) increasing the (b) The Minister of State-in-charge of the (B) The Minister of State-in-charge in the Ministry in the representation of Ministry of Social Welfare in the Central Central Government which nodally deals with disability States/UTs from 4 to 5 Government, Vice Chairperson, ex matters, Vice Chairperson, ex officio; to represent five regions officio; (c) Secretaries to the Government of (C) Members, ex officio: India in-charge of the Ministries/ Departments of Social Justice & (a) Secretaries to the Government of India in-charge of the Empowerment, Human Resource Ministries/Departments nodally dealing with the Development, Woman and Child following subjects: - Development, Expenditure, Personnel (i) Disability; Training and Public Grievances, Health (ii) School Education & Literacy, and Higher & Family Welfare, Rural Development, Education; Industrial Development, Urban Affairs (iii) Women & Child Development; and Employment, Science and (iv) Finance (Expenditure); Technology, Legal Affairs, Public (v) Personnel & Training; Enterprises, Members, ex officio; 7
  8. 8. (vi) Health & Family Welfare (vii) Rural Development; (viii) Panchayati Raj; (ix) Industrial Policy & Promotion; (x) Urban Development; (xi) Housing & Urban Poverty Alleviation; (xii) Science and Technology; (xiii) Legal Affairs; (xiv) Public Enterprises; (xv) Youth Affairs & Sports; (xvi) Surface Transport and Highways. (xvii) Civil Aviation Change is proposed to include Secretary, (b) Secretary, Planning Commission, Ministry of Civil Aviation as a member as (d) Chief Commissioner for Persons with access is to be provided Disabilities, Member, ex officio; (c) Chief Commissioner for Persons with Disabilities, to persons with disability in this sector (e) Chairman Railway Board, Member, ex (d) Chairperson, Rehabilitation Council of India; also. officio; (e) Chairperson, National Trust for Welfare of persons (f) Director-General of Labour, with Autism, Cerebral Palsy, Mental Retardation Employment and Training, Member, ex and Multiple Disabilities; officio; (f) Chairman, Railway Board; (g) Director, National Council for Educational Research and Training, (g) Director-General of Labour, Employment and Training; Member, ex officio; (h) Director, National Council for Educational Research and Training; (h) Three Members of Parliament. of whom two shall be elected by the House (i) Chairperson, National Council of Teacher Education of the People and one by the Council of States, Members; (j) Chairperson, University Grants Commission; (i) Three persons to be nominated by the (k) Chairperson, Medical Council of India. 8
  9. 9. Central Government to represent the (l) Directors of the- interests, which in the opinion of that Government ought to be represented, (i) National Institute for the Visually Handicapped, Members; Dehradun; (j) Directors of the- (ii) National Institute for the Mentally Handicapped, Secundrabad; (i) National Institute for the Visually Handicapped, Dehradun; (iii) National Institute for the Orthopedically Handicapped, Calcutta; (ii) National Institute for the Mentally Handicapped, Secundrabad; (iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Bombay, (iii) National Institute for the Orthopedically Handicapped, Calcutta; (v) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai, (iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Bombay, (vi) National Institute for Mental Health and ex officio; Sciences, (NIMHANS), Bangalore, (D) Three Members of Parliament. of whom two shall be elected by the House of the People and one by the Council of States; (k) Four Members to be nominated by the Central Government by rotation to (E) Members to be nominated by the Central Government: represent the States and the Union territories in such manner as may be (a) Five persons who are either experts in the field of prescribed by the Central Government: disability and rehabilitation represent interests, which in the opinion of the Government ought to be represented; Provided that no appointment under this clause shall be made except on the (b) Five Members to be nominated by the Central recommendation of the State Government Government by rotation to represent the States and the or, as the case may be, the Union Union territories in such manner as may be prescribed: territory; Provided that no nomination under this sub-clause (l) five persons as far as practicable, shall be made except on the recommendation of the State being persons with disabilities, to Government or, as the case may be, the Union Territory; represent non-governmental 9
  10. 10. organizations or associations which are (c) Nine persons as far as practicable, being persons with concerned with disabilities, to be disabilities, to represent non-governmental organizations or nominated by the Central Government, associations which are concerned with disabilities, such that one from each area of disability, there is one person associated with each of the disabilities Members: specified in Clause (i) of Section 2: Provided that of the nine persons nominated under this Provided that while nominating persons clause, at least, three shall be women and at least one person each under this clause, the Central shall be from a Scheduled Caste and a Scheduled Tribe; Government shall nominate at least one woman and one person belonging to (F) Joint Secretary to the Government of India in-charge of Scheduled Castes or Scheduled Tribes; the subject matter relating to persons with disabilities, Member-Secretary, ex officio. (m) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of handicapped, Member-Secretary, ex officio. (3) The office of the Member of the (3) The office of the Member of the Central Advisory Central Co-ordination Committee shall Board shall not disqualify its holder for being chosen as or not disqualify its holder for being chosen for being a Member of either House of Parliament. as or for being a Member of either House of Parliament. 10
  11. 11. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 27 4. Term of office of Members – (1) Save 4. Term of office of Members – (1) Save as otherwise Proposed changes are as otherwise provided by or under this Act a provided by or under this Act a Member of Central consequential to those Member of Central Co-ordination Board nominated under clause (a) or clause (c) of sub- proposed in Section 3 Committee nominated under clause (i) or section (2)(E) of section 3 shall hold office for a term of above. clause (l) of sub-section (2) of section 3 three years from the date of his nomination: shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, Provided that such a Member shall, notwithstanding the notwithstanding the expiration of his term, expiration of his term, continue to hold office until his continue to hold office until his successor successor enters upon his office. enters upon his office. (2) The term of office of an ex officio (2) The Central Government may if it thinks fit remove Member shall come to an end as soon as he any Member nominated under clause (a) or clause (c) of ceases to hold the office by virtue of which sub-section (2)(E) of the section 3, before the expiry of he was so nominated. his term of office after giving him a reasonable opportunity of showing cause against the same. (3) The Central Government may if it thinks (3) The Central Government may if it thinks fit remove fit remove any Member nominated under any Member nominated under clause (a) or clause (c) of clause (i) or clause (1) of sub-section (2) of sub-section (2)(E) of the section 3, before the expiry of the section 3, before the expiry of his term his term of office after giving him a reasonable of office after giving him a reasonable opportunity of showing cause against the same. opportunity of showing cause against the same. (4) A Member nominated under clause (i) (4) A Member nominated under clause (a) or clause (c) or clause (1) of sub-section (2) of section 3 of sub-section (2)(E) of section 3 may at any time resign may at any time resign his office by writing his office by writing under his hand addressed to the under his hand addressed to the Central Central Government and the seat of the said Member shall Government and the seat of the said thereupon become vacant. Member shall thereupon become vacant. 11
  12. 12. (5) A casual vacancy in the Central Co- (5) A casual vacancy in the Central Board shall be filled ordination Committee shall be filled by a by a fresh nomination and the person nominated to fill the fresh nomination and the person nominated vacancy shall hold office only for the remainder of the to fill the vacancy shall hold office only for term for which the Member in whose place he was so the remainder of the term for which the nominated. Member in whose place he was so nominated. (6) A Member nominated under clause (i) (6) A Member nominated under clause (a) or clause (c) or clause (l) of sub-section (2) of section 3 of sub-section (2)(E) of section 3 shall be eligible for shall be eligible for renomination. renomination. (7) Members nominated under clause (i) (7) Members nominated under clause (a) and clause (c) and clause (1) of sub-section (2) of section of sub-section (2)(E) of section 3 shall receive such 3 shall receive such allowances as may be allowances as may be prescribed by the Central prescribed by the Central Government. Government. 12
  13. 13. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 28 8. Functions of the Central Co- 8. Functions of the Central Board. – Clarifying functions of ordination Committee – the Central Coordination Committee, specially in (1) Subject to the provisions of this Act, (1) Subject to the provision of this Act, the Central the context of new the function of the Central Coordination Board shall be the national-level consultative and Chapter-IIIA proposed Committee shall be to serve as the advisory body on disability matters, and shall facilitate to be introduced on the national focal point on disability matters the continuous evolution of a comprehensive policy towards guiding principles, and facilitate the continuous evolution of solving the problems faced by persons with disabilities. based on Article 3- a comprehensive policy towards solving (“General Principles”) the problems faced by persons with of UNCRPD and the disabilities. responsibility to monitor national policy. (2) In particular and without prejudice to (2) In particular and without prejudice to the generality the generality of the foregoing, the of the foregoing, the Central Board shall perform the Central Coordination Committee may following functions, namely: perform all or any of the following functions, namely:- (a) review and coordinate the activities of all (a) advise Central and State Governments on policies, the Departments of Government and other programmes, legislation and projects with respect to Governmental and Non-Governmental disability; Organizations which are dealing with matters relating to persons with disabilities; (b) develop a national policy to address (b) evolve a national policy to address issues faced by issues faced by, persons with disabilities; persons with disabilities; (c) advise the Central Government on the (c) review and coordinate the activities of all formulation of policies, programmes, Departments of Government and other Governmental legislation and projects with respect to and non-Governmental Organizations which are dealing disability; with matters relating to persons with disabilities. (d) take up the cause of persons with (d) take up the cause of persons with disabilities with disabilities with the concerned concerned authorities and international organizations with a authorities and the international view to provide for schemes and projects for the disabled in 13
  14. 14. organizations with a view, to provide for the national plans and other programmes and policies schemes and projects for the disabled in evolved by the international agencies; the national plans and other programmes and policies evolved by the international agencies; (e) review in consultation with the donor (e) review in consultation with the donor agencies, their agencies their funding policies from the funding policies from the perspective of their impact on perspective of their impact on persons persons with disabilities. with disabilities; (f) take such other steps to ensure (f) recommend steps to ensure barrier-free environment in barrier-free environment in public public places, work-places, public utilities, schools and other places, work-places, public utilities, institutions; schools and other institutions; (g) monitor and evaluate the impact of (g) monitor and evaluate the impact of policies and policies and programmes designed for programmes designed for achieving equality and full achieving equality and full participation participation of persons with disabilities; and of persons with disabilities; (h) to perform such other functions as may (h) to perform such other functions as may be prescribed. be prescribed by the Central Government. 14
  15. 15. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 29 9. Central Executive Committee. – 9. Central Coordination and Monitoring Committee. – Changes are being proposed because of the (1) The Central Government shall (1) The Central Government shall constitute a Committee following reasons:- constitute a Committee to be known as the to be known as the Central Coordination and (i) to account for Central Executive Committee to perform Monitoring Committee to perform the functions assigned changes in the the functions assigned to it under this Act. to it under this Act. nomenclature of some of the Ministries, (2) The Central Executive Committee (ii) inclusion of some shall consist of- (2) The Central Committee shall consist of- more members in the (a) the Secretary to the Government of committee. India in the Ministry of Welfare, (A) The Secretary to the Government of India in the Chairperson, ex officio; Ministry nodally dealing with the disability matters, Chairperson, ex officio; (b) the Chief Commissioner, Member, ex officio; (B) Members ex-officio (c) the Director-General for Health (a) The Chief Commissioner for Persons with Services, Member, ex officio; Disabilities; (d) the Director-General, Employment and (b) Chairperson, Rehabilitation Council of India; Training, Member, ex officio; (c) Chairperson, National Trust for welfare of (e) six persons not below the rank of a persons with Autism, Cerebral Palsy, Mental Joint Secretary to the Government of Retardation and Multiple Disabilities; India, to represent the Ministries or Departments of Rural Development, (d) The Director-General for Health Services; Education, Welfare, Personnel, Public Grievances and Pension and Urban Affairs (e) The Director-General, Employment and Training; and Employment, Science and Technology, Members, ex officio; 15
  16. 16. (f) the Financial Advisor, Ministry of Welfare (f) Representatives not below the rank of a Joint in the Central Government, Member, ex Secretary, to represent the Ministries or Departments officio; nodally dealing with School Education & Literacy, Higher Education, Personnel & Training, Urban Development; (g) Advisor (Tariff) Railway Board, Member, (g) The Financial Advisor, Ministry of Social Justice ex officio; & Empowerment in the Central Government,; (h) four members to be nominated by the (h) Advisor (Tariff) Railway Board; Central Government, by rotation, to represent the State Governments and the Union (C) Members to be nominated by the Central Government: territories in such manner as may be prescribed by the Central Government. (a) Five members, by rotation, to represent the State Governments and the Union territories in such (i) one person to be nominated by the Central manner as may be prescribed by the Central Government to represent the interest, which in Government. the opinion of the Central Government ought to be represented, Member; (b) One person to represent interests, which in the opinion of the Central Government ought to be (j) five persons, as far as practicable, being persons with disabilities, to represent non- represented; governmental organizations or associations (c) Five persons, as far as practicable, being persons which are concerned with disabilities, to he nominated by the Central Government, one with disabilities, to represent non-governmental from each area of disability, Members: organizations or associations which are concerned with disabilities, one from each area of disability by rotation: Provided that while nominating persons under this clause, the Central Government shall Provided that the Central Government shall ensure nominate at least one woman and one person that all types of disabilities are represented over the belonging to Scheduled Castes or Scheduled two tenures of the Committee; Tribes; Provided further that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes; 16
  17. 17. (k) Joint Secretary to the Government of (d) Joint Secretary to the Government of India in-charge India in the Ministry of Welfare dealing of the subject matter relating to persons with with the welfare of the handicapped, disabilities, Member-Secretary, ex officio. Member-Secretary, ex officio. (3) Members nominated under clause (i) (3) Members nominated under clause (b) and clause (c) of and clause (j) of sub-section (2) shall sub-section (2)(B) of this section shall receive such receive such allowances as may be allowances as may be prescribed by the Central prescribed by the Central Government. Government. (4) A Member nominated under clause (i) or clause (J) of sub-section (2) may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant. 17
  18. 18. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 30 New Provision 9A. Term of office of Members. – New clause is proposed, to provide for tenure of (1) Save as otherwise provided by or under this Act a nominated members. Member of the Central Committee nominated under clause (a) and clause (c) of sub-section (2)(C) of section 9 shall hold office for a term of three years from the date of nomination. Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Central Government may if it thinks fit remove any Member nominated under clause (a) or clause (c) of sub-section (2)(C) of the section 3, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (a) or clause (c) of sub-section (2)(C) of section 3 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant. (4) A casual vacancy in the Central Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under clause (a) or clause (c) of sub-section (2)(C) of section 3 shall be eligible for renomination. 18
  19. 19. (6) Members nominated under clause (a) and clause (c) of sub-section (2)(C) of section 3 shall receive such allowances as may be prescribed by the Central Government. 31 10. Functions of the Central Executive 10. Functions of the Central Committee To clearly state the Committee – functions. (1) The Central Executive Committee The Central Committee shall perform the following functions, shall be the executive body of the namely:- Central Coordination Committee and shall be responsible for carrying out the i) monitor action taken on the advice and recommendations of the Central Board; decisions of the Central Coordination Committee. ii) coordinate between various Ministries and other concerned agencies in matters relating to disability; and (2) Without prejudice to the provisions of sub-section (1), the Central Executive iii) perform such other functions as may be prescribed or Committee shall also perform such other as may be delegated to it by the Central Board. functions as may be delegated to it by the Central Coordination Committee. 19
  20. 20. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 32 Chapter III - The State Coordination Chapter III - The State Advisory Board & District Level Title is proposed to be Committee Committee changed to introduce district level coordination committee. 33 13. State Co-ordination Committee. – 13. State Advisory Board – Changes are proposed because of the (1) Every State Government shall, by (1) Every State Government shall, by notification, constitute a body following reasons:- notification, constitute a body to be known to be known as the State Advisory Board to exercise the powers (i) to account for as the State Co-ordination Committee to conferred on, and to perform the function assigned to it, under this changes in the exercise the powers conferred on, and to Act. perform the function assigned to it, under nomenclature of some this Act. of the Ministries, (ii) inclusion of some (2) the State Coordination Committee shall (2) the State Advisory Board shall consist of- more members in the consist of- committee. (a) The Minister-in-charge of the (A) The Minister-in-charge of the Department in the State Department of Social Welfare in the State Government which nodally deals with disability matters, Government, Chairperson, ex officio; Chairperson, ex officio; (b) the Minister of State in charge of the (B) the Deputy Minister-in-charge of the Department in the State Department of Social Welfare, if any, Vice- Government which nodally deals with disability matters, if any, Chairperson, ex officio; Vice-Chairperson, ex officio; (c) Secretaries to the State Government in (C) Members, ex officio: charge of the Departments of Welfare, Education, Woman and Child Development, (a) Secretaries to the State Government in-charge of the Expenditure, Personnel Training and Public Departments nodally dealing with the following Grievances, Health, Rural Development, subjects : Industrial Development, Urban Affairs and Employment, Science and Technology, (i) Disability; Public Enterprises, by whatever name called, (ii) School Education & Literacy, and Higher Education; Members, ex officio; (iii) Women and Child Development; (iv) Finance(Expenditure); (v) Personnel & Training; (d) Secretary of any other Department, (vi) Health and Family Welfare; 20
  21. 21. which the State Government considers (vii) Rural Development; necessary, (viii) Panchayati Raj; Member, ex officio; (ix) Industrial Policy and Promotion; (x) Labour (e) Chairman Bureau of Public Enterprises (xi) Urban Development; (by whatever name called) Member, ex (xii) Housing and Urban Poverty Alleviation: officio; (xiii) Science and Technology; (xiv)Public Enterprises (f) five persons, as far as practicable, being (xv) Youth Affairs and Sports persons with disabilities, to represent non- (xvi)Surface Transport governmental organizations or associations which are concerned with disabilities, to be (b) Secretary of any other Department, which the State nominated by the State Government, one Government considers necessary; from each area of disability, Members: (c) Commissioner for Persons with Disabilities. Provided that while nominating persons under this clause, the State Government (D) Three Members of the State Legislature of whom two shall be shall nominate at least one woman and one elected by the Legislative Assembly and one by the Legislative person belonging to Scheduled Castes or Council, if any; Scheduled Tribes; (E) Members to be nominated by the State Government (g) three Members of State Legislature, of whom two shall be elected by the (a) Five persons who are either experts in the field of Legislative Assembly and one by the Legislative Council, if any; disability and rehabilitation represent interests, which in the opinion of the Government ought to be represented; (h) three persons to be nominated by that State Government to represent agriculture, (b) Five Members to be nominated by the State industry or trade or any other interest, which Government by rotation to represent the Districts in such in the opinion of State Government ought to manner as may be prescribed: be represented, Members, ex officio; Provided that no nomination under this sub-clause shall (i) The Commissioner, Member, ex officio; be made except on the recommendation of the District Administration concerned; (j) Secretary to the State Government dealing with the welfare of the handicapped, (c) Nine persons as far as practicable, being persons with Member-Secretary, ex officio. disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, such that there is one person associated with each of the disabilities 21
  22. 22. (3) Notwithstanding anything contained in specified in Clause (i) of Section 2: this section, no State Co-ordination Committee shall be constituted for a Union Provided that of the nine persons nominated under this territory and in relation to a Union territory, clause, at least, three shall be women and at least one person each the Central Coordination Committee shall shall be from a Scheduled Caste and a Scheduled Tribe; exercise the functions and perform the functions of a State Coordination Committee (F) Principal Secretary/Secretary level officer in the for the Union territory: Department in charge of the subject matter relating to the persons with disabilities, Member-Secretary, ex officio. Provided that in relation to a Union territory. The Central Coordination Committee may (3) The office of the Member of the State Advisory Board delegate all or any of its powers and shall not disqualify its holder for being chosen as or for functions under this sub-section to such being a Member of the Legislature of the State. person or body of persons as the Central Government may specify. (4) Notwithstanding anything contained in this section, no State Advisory Board shall be constituted for a Union Territory and in relation to a Union territory, the Central Advisory Board shall exercise the functions and perform the functions of a State Advisory Board for the Union Territory: Provided that in relation to a Union Territory, the Central Advisory Board may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify. 34 14. Terms and Conditions of Service of 14. Terms and Conditions of Service of Members – Consequential to Members – amendments in Section (1) Save as otherwise provided by or under (1) Save as otherwise provided by or under this Act, a Member of a 13 above. this Act, a Member of a State Co-ordination State Board nominated under clause (a) or clause (c) of subsection Committee nominated under clause (f) or (2)(E) of section 13 shall hold office for a term of three years from clause (h) of subsection (2) of section 13 the date of his nomination: shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, Provided that such a Member shall, notwithstanding the expiration notwithstanding the expiration of his term, of his term, continue to hold office until his successor enters upon continue to hold office until his successor his office. enters upon his office. 22
  23. 23. (2) The term of office of an ex officio (2) The term of office of an ex officio Member shall come to an end Member shall come to an end as soon as he as soon as he ceases to hold the office by virtue of which he was so ceases to hold the office by virtue of which nominated. he was so nominated. (3) The State Government may, if it thinks (3) The State Government may, if it thinks fit, remove any Member fit, remove any Member nominated under nominated under clause (a) or clause (c) of subsection (2)(E) of clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a section 13, before the expiry of his term of reasonable opportunity of showing cause against the same. office after giving him a reasonable opportunity of showing cause against the same. (4) A Member nominated under clause (f) or (4) A Member nominated under clause (a) or clause (c) of clause (h) of sub-section (2) of section 13 subsection (2)(E) of section 13 may, at any time, resign his office may, at any time, resign his office by writing by writing under his hand addressed to the State Government and under his hand addressed to the State the seat of the said Member shall thereupon become vacant. Government and the seat of the said Member shall thereupon become vacant. (5) A casual vacancy in the State Co- (5) A casual vacancy in the State Board shall be filled by a fresh ordination Committee shall be filled by a nomination and the person nominated to fill the vacancy shall hold fresh nomination and the person nominated office only for the remainder of the term for which the Member in to fill the vacancy shall hold office only for whose place he was so nominated. the remainder of the term for which the Member in whose place he was so nominated. (6) A Member nominated under clause (f) (6) A Member nominated under clause (a) or clause (c) of and clause (h) of sub-section (2) of section subsection (2)(E) of section 13 shall be eligible for renomination. 13 shall be eligible for renomination. (7) Members nominated under clause (f) and (7) Members nominated under clause (a) or clause (c) of subsection clause (h) of sub-section (2) of section13 (2)(E) of section 13 shall receive such allowances as may be shall receive such allowances as may be prescribed by the State Government. prescribed by the State Government. 23
  24. 24. 35 18. Functions of the State Co-ordination 18. Functions of the State Board – Name proposed to be Committee – changed to bring the (1) Subject to the provisions of this Act, the (1) Subject to the provision of this Act, the State Board nomenclature in line function of the State Co-ordination shall be the State-level consultative and advisory body on with the functions of Committee shall be to serve as the state disability matters, and shall facilitate the continuous this body. focal point on disability matters and evolution of a comprehensive policy towards solving the facilitate the continuous evolution of a problems faced by persons with disabilities comprehensive policy towards solving the Clarifying the problems faced by persons with disabilities. functions, specially in the context of new (2) In particular and without prejudice to the (2) In particular and without prejudice to the generality of chapter introduced on generality of the foregoing function the State the foregoing, the State Board shall perform the following the guiding principles, Co-ordination Committee may, within the functions, namely: based on Article 3 - State perform all or any of the following (“General Principles”) functions, namely:- of UNCRPD and the responsibility to (a) review and coordinate the activities of all (a) advise State Government on policies, programmes, monitor State policy. the Departments of Government and other legislation and projects with respect to disability; Governmental and Non-Governmental Organizations which are dealing with matters relating to persons with disabilities., (b) develop a State policy to address issues (b) evolve a State policy to address issues faced by persons faced by persons with disabilities; with disabilities; (c) advise the State Government on the (c) review and coordinate the activities of all Departments formulation of policies, Programmes, of the State Government and other Governmental and non- legislation and projects with respect to Governmental Organizations in the State which are disability; dealing with matters relating to persons with disabilities. (d) review, in consultation with the donor (d) take up the cause of persons with disabilities with agencies, their funding from the perspective concerned authorities and international organizations with of their impact on persons with disabilities; a view to provide for schemes and projects for the disabled in the State plans; 24
  25. 25. (e) take such other steps to ensure barrier- (e) review in consultation with the donor agencies, their free environment in public places, work funding policies from the perspective of their impact on places, public utilities, schools and other persons with disabilities. institutions; Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes; (f) monitor and evaluate the impact of (f) recommend steps to ensure barrier-free environment in policies and programmes designed for public places, work-places, public utilities, schools and other achieving equality and full participation of institutions; persons with disabilities; (g) to perform such other functions as may (g) monitor and evaluate the impact of policies and be prescribed by the State Government. programmes designed for achieving equality and full participation of persons with disabilities; and (h) to perform such other functions as may be prescribed. 36 19. State Executive Committee. – 19. State Coordination and Monitoring Committee. – Name proposed to be changed to bring the (1) The State Government shall constitute a (1) The State Government shall constitute a committee to be nomenclature in line committee to be known as the State known as the State Coordination and Monitoring with the functions of Executive Committee to perform the Committee to perform the functions assigned to it under this this body. functions assigned to it under this Act. Act. (2) The State Executive Committee shall Chairperson of the (2) The State Committee shall consist of- consist of- committee is proposed (a) the Secretary, Department of Social (A) The Chief Secretary or an officer not below the rank of to be changed and Welfare, Chairperson, ex officio; Chief Secretary to be nominated by the State Government, flexibility is being Chairperson, ex-officio; provided to nominate (b) the Commissioner, Member, ex officio; suitable officer for the (B) Members, ex officio; purpose. (c) nine persons not below the rank of a Joint Secretary to the State Government, to (a) the Commissioner for Persons with Disabilities; represent the Departments of Health, (b) six persons not below the rank of a Secretary to the 25
  26. 26. Finance, Rural Development, Education, State Government, to represent the Departments of Health, Welfare, Personnel Public Grievances, Finance, Education, Welfare, Personnel, Labour and Urban Affairs Labor and Employment, Employment; Science and Technology, Members, ex officio; (c) Members to be nominated by the State Government: (d) one person to be nominated by the State (a) Five members, by rotation, to represent the Government to represent the interest, which District Committees in such manner as may be in the opinion of the State Government prescribed by the State Government. ought to be represented. Member; (b) One person to represent interests, which in the (e) five persons, as far as practicable being persons with disabilities to represent non- opinion of the State Government ought to be governmental organizations or associations represented; which are concerned with disabilities, to be nominated by the State Government, one (c) Five persons, as far as practicable, being persons from each area of disability, Members: with disabilities, to represent non-governmental organizations or associations which are concerned with Provided that while nominating persons disabilities, one from each area of disability by under this clause, the State Government rotation: shall nominate at least one woman and one person belonging to Scheduled Castes or Provided that the State Government shall ensure that all Scheduled Tribes; types of disabilities are represented over the two tenures (f) Joint Secretary dealing with the disability of the Committee; division in the Department of Welfare, Member-Secretary, ex officio. Provided further that while nominating persons under this clause, the State Government shall nominate at least one (3) Members nominated under clause (d) woman and one person belonging to Scheduled Castes or and clause (e) of sub-section (2) shall Scheduled Tribes; receive such allowances as may be prescribed by the State Government. (d) Secretary in charge of matters concerning disabilities of the State Government, Member-Secretary, ex officio. (4) A Member nominated under clause (d) or clause (e) may at any time resign his office (3) Members nominated under clauses (a), (b) and (c) of sub- by writing under his hand addressed to the section (2) (C) shall receive such allowances as may be State Government and the seat of the said prescribed by the State Government. Member shall thereupon become vacant. 26
  27. 27. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 37 New Provision. 19 A. Term of office of Members.- New section is proposed to be added to provide (1) Save as otherwise provided by or under this Act, a Member for tenure of nominated of the State Committee nominated under clause (b) and (c) of members. sub-section (2) (C) of section 19 shall hold office for a term of three years from the date of nomination. Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The State Government may if it thinks fit remove any Member nominated under under clause (b) and (c) of sub- section (2) (C) of the section 19, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (b) and (c) of sub-section (2) (C) of section 19 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant. (4) A casual vacancy in the State Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under clause (b) and (c) of sub-section (2) (C) of section 19 shall be eligible for renomination. (6) Members nominated under clause (b) and (c) of sub-section (2) (C) of section 19 shall receive such allowances as may be prescribed by the Central Government. 27
  28. 28. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 38 20. Functions of the State Executive 20. Functions of the State Coordination and Monitoring Improved provision Committee – Committee.- proposed, to include the role of coordination. (1) The State Executive Committee shall be The State Committee shall perform the following functions, the executive body of the State Co- namely:- ordination Committee and shall be responsible for carrying out the decisions of i) monitor action taken on the advice and the State Co-ordination Committee. recommendations of the State Board; ii) coordinate between various Departments and other (2) Without prejudice to the provisions of concerned agencies in matters relating to disability; and sub-section (1), the State Executive Committee shall also perform such other iii) perform such other functions as may be prescribed or as functions as may be delegated to it by the may be delegated to it by the State Board. State Co-ordination Committee. 39 New Provision 22A. District-level Committee on Disability New section is proposed to be added to provide (1) The State Government shall constitute a committee in for mechanism of each district to be known as the District-level monitoring Committee to perform the functions spelt out in sub- implementation of the section (6) below. decisions taken by the State Board and State (2) The composition of the District-level Committee on Committee. Disability shall be such as may be prescribed, subject to the condition that it shall necessarily have the following as its members: a) Chairperson of the District Panchayat or a member nominated by the Chairperson b) the Deputy Commissioner/ Collector / District Magistrate, c) the Chief Executive Officer of the District Panchayat d) the Chief Executive Officer of the Municipality of the district headquarters, 28
  29. 29. e) District level officers of Departments of the State Government concerned with disability, f) Up to nine persons, as far as practicable being persons with disabilities, or representatives of Non-Government Organizations, or Associations concerned with disabilities to be nominated by the Chairperson of the District Committee, such that there is one member associated with each of the disabilities specified in Clause (i) of Section 2, and there are at least three women and one person each belonging to SC and ST. g) District Welfare Officer, (3) Nominated Members of the District-level Committee may receive such honorarium as may be prescribed by the State Government. (4) A member nominated may resign at any time from his office by writing under his hand addressed to the Chairperson and the seat of the said member thereafter will become vacant. (5) The District-level Committee on Disability will meet at least once in three months and shall transact its business in accordance with such procedure as may be prescribed. (6) The District-level Committee on Disability shall perform the following function, namely: (i) Monitor and ensure effective implementation of the provisions of the Act and policies and programmes for persons with disabilities; (ii) review and coordinate the activities of all Governmental and non-Governmental Organizations at the District- level which are dealing with matters relating to persons with disabilities; (iii) Perform such other functions as may be prescribed, or as the State Government may, from time to time, direct. 29
  30. 30. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 40 23. Power to give directions 23. Power to give directions.- Amendments proposed In the performance of its functions In the performance of its functions under this Act, - are consequential to under this Act - amendments in the (a) the Central Coordination Committee (a) the Central Board shall be bound by such directions, in nomenclature of State shall be bound by such directions in writing, as the Central Government may give to it; and District level writing, as the Central Government may coordination bodies give to it; and and the new Section “22A. District-Level (b) the State Coordination Committee (b) the State Board shall be bound by such directions, in Committee on shall be bound by such directions in writing, as the State Government may give to it; and Disability”. writing as the Central Coordination Committee or the State Government (c) the District Committee shall be bound by such may give to it: directions, in writing, as the State Board or the State Government may give to it: Provided that where a direction given by the State Government is inconsistent Provided that where a direction given by the State Government with any direction given by the Central or a State Board is inconsistent with any direction given by Coordination Committee, the matter the Central Board, the matter shall be referred to the Central shall be referred to the Central Government for decision. Government for its decision. 41 24. Vacancies not to invalidate 24. Vacancies not to invalidate proceedings.- Amendments proposed proceedings are consequential to No act or proceeding of the Central No act or proceeding of the Central Board, the Central amendments in the Coordination Committee, the Central Committee, a State Board, a State Committee or a District nomenclature of State Executive Committee, a State Committee shall be called in question on the ground merely of and District level Coordination Committee or a State the existence of any vacancy in or any defect in the coordination bodies Executive Committee shall be called in constitution of such Committees. and the new Section question on the ground merely on the “22A. District-Level existence of any vacancy in or any Committee on defect in the constitution of such Disability”. Committees. 30
  31. 31. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 42 New Provision Chapter III-A - Guiding Principles for Appropriate New Chapter Governments and Local Authorities 43 New Provision 24-A. Guiding Principles for Appropriate Governments New section proposed, and Local Authorities in Empowerment of Persons with based on Article 3- Disabilities.- (“General Principles”) in UNCRPD Appropriate governments and local authorities shall, subject to the provisions of this Act and any other laws for the time being in force, take all necessary steps within their economic capacity and development, to secure for persons with disabilities the following – (a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) Non-discrimination; (c) Full and effective participation and inclusion in society; (d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; (e) Equality of opportunity; (f) Accessibility; (g) Equality between men and women; (h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. 31
  32. 32. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 44 Chapter-IV - Prevention and early Chapter-IV - Prevention of Disabilities New Chapter heading detection of disabilities 45 25. Appropriate Governments and local 25. Prevention of disabilities - The clause “within the authorities to take certain steps for the limits of their economic prevention of occurrence of disabilities - capacity and development” is Within the limits of their economic The appropriate Governments and the local authorities, with a proposed to be omitted. capacity and development, the view to preventing the occurrence of disabilities, shall - appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall- (a) Undertake or cause to be undertaken surveys, investigations (a) Undertake or cause to be and research concerning the cause of occurrence of disabilities; undertaken surveys, investigations and research concerning the cause of occurrence of disabilities; (b) Promote various methods of (b) Promote various methods of preventing disabilities; preventing disabilities; (c) Screen all the children at least once (c) Screen all the children at least once in a year for the purpose in a year for the purpose of identifying of identifying "at-risk" cases; "at-risk" cases; (d) Provide facilities for training to the (d) Provide facilities for training to the staff at the primary staff at the primary health centers; health centers; (e) Sponsor or cause to be sponsored (e) Sponsor or cause to be sponsored awareness campaigns and awareness campaigns and is is disseminated or cause to be disseminated information for disseminated or cause to be general hygiene, health and sanitation; disseminated information for general hygiene, health and sanitation; (f) Take measures for pre-natal, (f) Take measures for pre-natal, parental and post-natal care of parental and post-natal care of mother mother and child; and child; (g) Educate the public through the pre- (g) Educate the public through the pre-schools, schools, schools, schools, primary health Primary Health Centers, village level workers and anganwadi Centers, village level workers and workers; anganwadi workers; 32
  33. 33. (h) Create awareness amongst the (h) Create awareness amongst the masses through television, masses through television, radio and radio and other mass media on the causes of disabilities and the other mass media on the causes of preventive measures to be adopted. disabilities and the preventive measures to be adopted; 33
  34. 34. S. No. Present Provision Proposed Provision (Changes indicated in bold) Remarks 46 New Chapter Chapter-IVA : Rehabilitation 47 66. Appropriate Governments and 25-A : Rehabilitation.- Based on UNCRPD local authorities to undertake article 26– rehabilitation. (“Habilitation and Rehabilitation”). (1) The appropriate Governments and (1) The appropriate Governments and local authorities shall the local authorities shall within the undertake or cause to be undertaken services and Concepts in existing limits of their economic capacity and programmes of rehabilitation, particularly in the areas of sections 66 and 42 are development undertake or cause to be health, education and employment for all persons with proposed to be included undertaken rehabilitation of all persons disabilities. in this section and with disabilities. therefore, existing sections 42 and 66 (2) For purposes of sub-section (1), the (2) The above services and programmes shall be:- sections are also appropriate Governments and local proposed to be authorities shall grant financial (i) so designed as to begin at the earliest possible stage; replaced. assistance to non-governmental (ii) based on a comprehensive assessment of individual organizations. needs and strengths; (iii) delivered as close to the residence of persons with As suggested by disabilities as possible including in rural areas; and Dr. Nirmala Srinivasan (iv) involve family care givers and guardians of persons in the CCC meeting. with disabilities, for which adequate training shall be provided. (3) The appropriate Governments and (3) For purposes of sub-section (1), read with sub-section (2), local authorities while formulating the appropriate Governments and local authorities shall, subject rehabilitation policies shall consult the to fulfillment of financial and other norms, and availability of non-governmental organizations budgetary allocation, grant financial assistance to non- working for the cause of persons with governmental organizations. disabilities. 34
  35. 35. Aids & Appliances to Persons with (4) The appropriate Governments and local authorities, while Disabilities formulating rehabilitation policies, shall consult the non- governmental organizations working for the cause of persons 42. The appropriate Governments shall with disabilities. by notification make schemes to provide aids and appliances to persons (5) Without prejudice to the generality of sub-section (1), with disabilities. the appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities, specially those belonging to economically weaker sections. 35

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