The Amendments proposed in the Persons with Disabilities Act, 1995

Draft / 04.9.09 Amendments proposed in the Persons with Disabilities Act, 1995 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 1 2. In this Act, unless the context 2. In this Act, unless there is anything repugnant in the otherwise requires,- subject or context,- (a) "Appropriate Government" means,- (a) "Appropriate Government" means,- (i) In relation to the Central (i) In relation to an establishment of the Central Government, Government or any establishment or an establishment, wholly or substantially owned or wholly or substantially financed by that financed by that Government, or a Cantonment Board Government, or a Cantonment Board constituted under the Cantonment Act, 1924, or a union constituted under the Cantonment Act, territory without legislature, or the provider of a service 1924, the Central Government ; which pertains to List I in Schedule VII of the Constitution, the Central Government ; (ii) In relation to a State Government or (ii) In all other cases, the State Government or, as the case any establishment wholly or may be, the Government of a UT with legislature. substantially financed by that 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 Committee, ordination Committee and the Central and the Chief Commissioner, the Central Government; Executive Committee, the Central 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 2 New Provision 2(aa) “autism” means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and 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 where a person suffers from any of the from any of the following conditions, namely:- following conditions, namely:- (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) in or 20/200 (snellen) in the better 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 means the Central Co-ordination constituted under sub-section (1) of section 3. Committee constituted under sub-section (The phrase "Central Co-ordination Committee" shall be (1) of section 3; 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 Coordination means the Central Executive Committee and Monitoring Committee constituted under sub-section constituted under sub-section (1) of (1) of section 9. section 9; (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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 6 New Provision 2(ga). “communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; (to be inserted after 2(g) in Chapter I) 7 2(i): ‘disability’ means- 2(i) : ‘disability’ means- (i) blindness; (i) autism; (ii) low vision; (ii) blindness; (iii) low vision; (iii) leprosy-cured; (iv) leprosy-cured; (iv) hearing-impaired; (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 any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. 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 Committee on Disability constituted under sub-section (1) of Section 19B. 3 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 10 New Provision 2 (ka) “Fund” means the National Fund for Persons with Disabilities established under Section 68 B. (to be inserted after 2(k) in Chapter I) 11 2(l) "Hearing impairment" means 2(l) "Hearing impairment" means sensorineural hearing loss of sixty decibels or more in the loss of forty five decibels (dBHL) or more in the better ear better ear in the conversational range in conversational range of' frequencies and the binaural of' frequencies; loss of forty percent, or Word Recognition Score of forty percent or less; 12 New Provision 2(la) “inclusive environment” in relation to education of students with disabilities means a system which supports students with disabilities to study in educational institutions with their peer group without disabilities, on an equitable basis. 13 New Provision 2(lb) “language” includes spoken and sign languages and other forms of non spoken languages; 14 New Provision 2(na) “Local authority” means a panchayat, a municipality and any other local authority established by 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 or more disabilities as listed at S. No. (i) – (viii) in clause (i) of section 2. (to be inserted after 2(r) in Chapter I) 4 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 16 New Provision 2(ta) “Person with severe disability” means a person with 80% or more of one or more disabilities, as certified by a medical authority, and the phrase “Child with severe disability” shall be construed accordingly, (to be inserted after 2(t) in Chapter I) 17 2(u) "person with low vision" means a 2(u) "person with low vision" means a person with person with impairment of visual impairment of vision of less than 6/18 to 4/60 with best functioning even after treatment or correction in the better eye or impairment of field of standard refractive correction but who vision in any one of the following categories:- uses or is potentially capable of using (a) Reduction of field less than 50 degrees 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 programmes of the Central Government, State Government or a local authority aimed at alleviation of poverty. (to be inserted after 2 (v) in Chapter I) 19 New Provision 2(vb) ‘public building’ means a building, irrespective of ownership, which is used by the public at large. 20 New Provision 2(vc) “reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the 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 aimed at enabling persons with disabilities to persons with disabilities to attain and maintain maximum reach and maintain their optimal physical, independence, full physical, sensory, intellectual, psychiatric, sensory, intellectual, psychiatric or social social and vocational ability, and full inclusion and functional levels. participation in all aspects of life. 5 S. No. Present Provision Proposed Provision (Changes indicated in bold) 22 2(y) "State Co-ordination Committee" 2(y) “State Board” means the State Advisory Board means the State Co-ordination constituted under sub-section (1) of section 13. (The phrase "State Co-ordination Committee" shall be replaced Committee constituted under sub-section 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 the State Executive Committee Monitoring Committee constituted under sub-section (1) of constituted under sub-section (l) of section 19. section 19 (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, environments, programmes and services to be usable by all people, including persons with disabilities to the greatest extent possible, without the need for adaptation or specialized design. 6 S. No. Present Provision Proposed Provision (Changes indicated in bold) 25 Chapter II - Central Co-ordination Chapter II - Central Advisory Board Committee 26 3. Central Co-ordination Committee – 3. Central Advisory Board – (1) The Central Government shall by (1) The Central Government shall by notification constitute a 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 Committee to exercise the powers functions assigned to it, under this Act. conferred on, and to perform the functions assigned to it, under this Act. (2) The Central Co-ordination Committee (2) The Central Advisory Board shall consist of- shall consist of- (a) The Minister-in-charge of the (A) The Minister-in-charge of the Ministry in the Central Ministry of Social Welfare in the Central 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 Minister of State-in-charge in the Ministry in the Ministry of Social Welfare in the Central Central Government which nodally deals with disability Government, Vice Chairperson, ex matters, Vice Chairperson, ex officio; 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; 7 Enterprises, Members, ex officio; (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 (b) Secretary, Planning Commission, (d) Chief Commissioner for Persons with (c) Chief Commissioner for Persons with Disabilities, Disabilities, Member, ex officio; (d) Chairperson, Rehabilitation Council of India; (e) Chairman Railway Board, Member, ex officio; (e) Chairperson, National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities; (f) Director-General of Labour, Employment and Training, Member, ex (f) Chairman, Railway Board; officio; (g) Director-General of Labour, Employment and Training; (g) Director, National Council for Educational Research and Training, (h) Director, National Council for Educational Research and Member, ex officio; Training; (h) Three Members of Parliament. of (i) Chairperson, National Council of Teacher Education whom two shall be elected by the House of the People and one by the Council of (j) Chairperson, University Grants Commission; States, Members; 8 (i) Three persons to be nominated by the (k) Chairperson, Medical Council of India. 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 (k) Four Members to be nominated by the States; 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; (l) five persons as far as practicable, being persons with disabilities, to 9 represent non-governmental Provided that no nomination under this sub-clause organizations or associations which are shall be made except on the recommendation of the State concerned with disabilities, to be Government or, as the case may be, the Union Territory; nominated by the Central Government, (c) Nine persons as far as practicable, being persons with one from each area of disability, disabilities, to represent non-governmental organizations or Members: associations which are concerned with disabilities, such that Provided that while nominating persons there is one person associated with each of the disabilities under this clause, the Central specified in Clause (i) of Section 2: Government shall nominate at least one Provided that of the nine persons nominated under this woman and one person belonging to clause, at least, three shall be women and at least one person each Scheduled Castes or Scheduled Tribes; shall be from a Scheduled Caste and a Scheduled Tribe; (m) Joint Secretary to the Government of (F) Joint Secretary to the Government of India in-charge of India in the Ministry of Welfare dealing the subject matter relating to persons with disabilities, with the welfare of handicapped, Member-Secretary, ex officio. 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 7 4. Term of office of Members – (1) Save 4. Term of office of Members – (1) Save as otherwise as otherwise provided by or under this Act a provided by or under this Act a Member of Central Member of Central Co-ordination Board nominated under clause (a) or clause (c) of sub- Committee nominated under clause (i) or section (2)(E) of section 3 shall hold office for a term of 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 (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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 28 8. Functions of the Central Co- 8. Functions of the Central Board. – ordination Committee – (1) Subject to the provisions of this Act, (1) Subject to the provision of this Act, the Central the function of the Central Coordination Board shall be the national-level consultative and Committee shall be to serve as the advisory body on disability matters, and shall facilitate national focal point on disability matters the continuous evolution of a comprehensive policy towards and facilitate the continuous evolution of solving the problems faced by persons with disabilities. a comprehensive policy towards solving the problems faced by persons with disabilities. (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 13 organizations with a view, to provide for view to provide for schemes and projects for the disabled in schemes and projects for the disabled in the national plans and other programmes and policies the national plans and other programmes evolved by the international agencies; 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 29 9. Central Executive Committee. – 9. Central Coordination and Monitoring Committee. – (1) The Central Government shall (1) The Central Government shall constitute a Committee constitute a Committee to be known as the to be known as the Central Coordination and Central Executive Committee to perform Monitoring Committee to perform the functions assigned the functions assigned to it under this Act. to it under this Act. (2) The Central Executive Committee shall consist of- (2) The Central Committee shall consist of- (a) the Secretary to the Government of 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 (e) The Director-General, Employment and Training; Grievances and Pension and Urban Affairs and Employment, Science and Technology, Members, ex officio; 15 (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 represented; persons with disabilities, to represent non- governmental organizations or associations (c) Five persons, as far as practicable, being persons which are concerned with disabilities, to he with disabilities, to represent non-governmental nominated by the Central Government, one organizations or associations which are concerned with from each area of disability, Members: 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 (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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 30 New Provision 9A. Term of office of Members. – (1) Save as otherwise provided by or under this Act a 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. 18 (5) A Member nominated under clause (a) or clause (c) of sub-section (2)(C) of section 3 shall be eligible for renomination. (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 Committee – (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 i) monitor action taken on the advice and shall be responsible for carrying out the 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 as may be delegated to it by the Central Board. Committee shall also perform such other functions as may be delegated to it by the Central Coordination Committee. 19 S. No. Present Provision Proposed Provision (Changes indicated in bold) 32 Chapter III - The State Coordination Chapter III - The State Advisory Board & District Level Committee Committee 33 13. State Co-ordination Committee. – 13. State Advisory Board – (1) Every State Government shall, by (1) Every State Government shall, by notification, constitute a body notification, constitute a body to be known to be known as the State Advisory Board to exercise the powers as the State Co-ordination Committee to conferred on, and to perform the function assigned to it, under this exercise the powers conferred on, and to Act. perform the function assigned to it, under this Act. (2) the State Coordination Committee shall (2) the State Advisory Board shall consist of- consist of- (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 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 disability and rehabilitation represent interests, which in Legislative Council, if any; the opinion of the Government ought to be represented; (h) three persons to be nominated by that (b) Five Members to be nominated by the State State Government to represent agriculture, Government by rotation to represent the Districts in such industry or trade or any other interest, which manner as may be prescribed: in the opinion of State Government ought to be represented, Members, ex officio; Provided that no nomination under this sub-clause shall be made except on the recommendation of the District (i) The Commissioner, Member, ex officio; Administration concerned; (j) Secretary to the State Government (c) Nine persons as far as practicable, being persons with dealing with the welfare of the handicapped, disabilities, to represent non-governmental organizations or Member-Secretary, ex officio. (3) Notwithstanding anything contained in associations which are concerned with disabilities, such that 21 this section, no State Co-ordination there is one person associated with each of the disabilities Committee shall be constituted for a Union specified in Clause (i) of Section 2: territory and in relation to a Union territory, the Central Coordination Committee shall Provided that of the nine persons nominated under this exercise the functions and perform the clause, at least, three shall be women and at least one person each functions of a State Coordination Committee shall be from a Scheduled Caste and a Scheduled Tribe; for the Union territory: (F) Principal Secretary/Secretary level officer in the Provided that in relation to a Union territory. Department in charge of the subject matter relating to the The Central Coordination Committee may persons with disabilities, Member-Secretary, ex officio. delegate all or any of its powers and functions under this sub-section to such (3) The office of the Member of the State Advisory Board person or body of persons as the Central shall not disqualify its holder for being chosen as or for Government may specify. being a Member of the Legislature of the State. (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 – Members – (1) Save as otherwise provided by or under (1) Save as otherwise provided by or under this Act, a Member of a 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 (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 35 18. Functions of the State Co-ordination 18. Functions of the State Board – Committee – (1) Subject to the provisions of this Act, the (1) Subject to the provision of this Act, the State Board function of the State Co-ordination shall be the State-level consultative and advisory body on Committee shall be to serve as the state disability matters, and shall facilitate the continuous 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 problems faced by persons with disabilities. (2) In particular and without prejudice to the (2) In particular and without prejudice to the generality of generality of the foregoing function the State the foregoing, the State Board shall perform the following Co-ordination Committee may, within the functions, namely: State perform all or any of the following functions, namely:- (a) review and coordinate the activities of all (a) advise State Government on policies, programmes, 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 (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. – (1) The State Government shall constitute a (1) The State Government shall constitute a committee to be committee to be known as the State known as the State Coordination and Monitoring Executive Committee to perform the Committee to perform the functions assigned to it under this functions assigned to it under this Act. Act. (2) The State Executive Committee shall (2) The State Committee shall consist of- consist of- (a) the Secretary, Department of Social (A) The Chief Secretary or an officer not below the rank of Welfare, Chairperson, ex officio; Chief Secretary to be nominated by the State Government, Chairperson, ex-officio; (b) the Commissioner, Member, ex officio; (B) Members, ex officio; (c) nine persons not below the rank of a (a) the Commissioner for Persons with Disabilities; Joint Secretary to the State Government, to 25 represent the Departments of Health, (b) six persons not below the rank of a Secretary to the 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 opinion of the State Government ought to be persons with disabilities to represent non- represented; governmental organizations or associations which are concerned with disabilities, to be (c) Five persons, as far as practicable, being persons nominated by the State Government, one with disabilities, to represent non-governmental from each area of disability, Members: 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, Provided further that while nominating persons under this Member-Secretary, ex officio. 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 (d) Secretary in charge of matters concerning disabilities of prescribed by the State Government. 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 37 New Provision. 19 A. Term of office of Members.- (1) Save as otherwise provided by or under this Act, a Member of the State Committee nominated under clause (b) and (c) of 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 38 20. Functions of the State Executive 20. Functions of the State Coordination and Monitoring Committee – Committee.- (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 (1) The State Government shall constitute a committee in each district to be known as the District-level Committee to perform the functions spelt out in sub- section (6) below. (2) The composition of the District-level Committee on 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 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 40 23. Power to give directions 23. Power to give directions.- In the performance of its functions In the performance of its functions under this Act, - under this Act - (a) the Central Coordination Committee (a) the Central Board shall be bound by such directions, in shall be bound by such directions in writing, as the Central Government may give to it; writing, as the Central Government may give to it; and (b) the State Coordination Committee (b) the State Board shall be bound by such directions, in shall be bound by such directions in writing, as the State Government may give to it; and 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.- proceedings No act or proceeding of the Central No act or proceeding of the Central Board, the Central Coordination Committee, the Central Committee, a State Board, a State Committee or a District Executive Committee, a State Committee shall be called in question on the ground merely of Coordination Committee or a State the existence of any vacancy in or any defect in the Executive Committee shall be called in constitution of such Committees. question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees. 30 S. No. Present Provision Proposed Provision (Changes indicated in bold) 42 New Provision Chapter III-A - Guiding Principles for Appropriate Governments and Local Authorities 43 New Provision 24-A. Guiding Principles for Appropriate Governments and Local Authorities in Empowerment of Persons with Disabilities.- 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 44 Chapter-IV - Prevention and early Chapter-IV - Prevention of Disabilities detection of disabilities 45 25. Appropriate Governments and local 25. Prevention of disabilities - authorities to take certain steps for the prevention of occurrence of disabilities - Within the limits of their economic The appropriate Governments and the local authorities, with a capacity and development, the view to preventing the occurrence of disabilities, shall - appropriate Governments and the local a th u e t h o o c r c it u i r e r s e , n w ce i t o h f a d is v a i b ew ili ti t e o s , p s r h e a v l e l- n ting (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 (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 S. No. Present Provision Proposed Provision (Changes indicated in bold) 46 New Chapter Chapter-IVA : Rehabilitation 47 66. Appropriate Governments and 25-A : Rehabilitation.- local authorities to undertake 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 limits of their economic capacity and programmes of rehabilitation, particularly in the areas of development undertake or cause to be health, education and employment for all persons with undertaken rehabilitation of all persons disabilities. with disabilities. (2) For purposes of sub-section (1), the (2) The above services and programmes shall be:- appropriate Governments and local authorities shall grant financial (i) so designed as to begin at the earliest possible stage; 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 disabilities as possible including in rural areas; and (iv) involve family care givers and guardians of persons 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 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 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter V: Education Chapter V: Education 48 26. Appropriate Governments and 26 : Education of Children with Disabilities at the School local authorities to provide children level - with disabilities free education etc. (1) The appropriate Government and local authorities shall The appropriate Governments and the ensure that every child with disabilities has access to free local authorities shall- education till he attains the age of eighteen years in an inclusive environment, unless there are compelling reasons (a) Ensure that every child with a for doing otherwise, and provide reasonable disability has access to free education in accommodation of the individual student’s requirements. an appropriate environment till he attains the age of eighteen years; (2) With a view to giving effect to the provisions of sub- section (1), appropriate Governments and local authorities (b) Endeavor to promote the integration shall ensure that: of students with disabilities in the normal schools; (a) educational institutions run or aided by them have necessary physical facilities and teaching staff to (c) Promote setting up of special cater to the needs of students with disabilities, and schools in Government and private sector for those in need of special (b) institutions provide for individual and appropriate education, in such a manner that communication and mobility needs for children children with disabilities living in any with disabilities to facilitate learning. part of the country have access to such schools; (3) In case of children with severe disability who cannot be educated in an inclusive environment, appropriate (d) Endeavor to equip the special Governments and local authorities shall ensure alternative schools for children with disabilities arrangements, such as special schools, home-based with vocational training facilities. education, distance education etc. so that they receive free education upto the age of eighteen years, and complete the equivalent of at least eight years of school education. 36 Explanation: ‘Free education” for the purposes of this section shall, in the case of children with disabilities from economically weaker sections, include cost of corrective surgeries, assistive devices, special books and equipments as appropriate. 49 New Provision Section 26A. Distance Education of Persons with Disabilities above 18 years of age to be free upto the senior secondary stage. Whenever a person with disability who is above the age of 18 years, but has not completed education upto the senior secondary stage, enrolls himself for distance education in an institution imparting such education, no fee of any kind shall be charged from such person, till he completes the senior secondary stage of education. Explanation:- "Distance Education" for the purposes of this Section means a system of imparting education other than through the conventional mode and includes open and non-formal system of education and training wherein teachers and learners need not be present at the same time or place and where the method of imparting education is through any means of communication, such as broadcast, telecast, electronic transmission of text and audio-visual material, internet / intranet, contact programmes, etc. or the combination of any two or more such means. 37 50 New Provision Section 26B. Higher and Professional education To enable students with disabilities to pursue higher and professional education, the appropriate Governments shall- (i) take necessary steps to ensure appropriate environment and facilities, including resource rooms in the campus of colleges and universities; (ii) develop separate guidance, counseling and placement services in each district suitable to the needs of persons with disabilities. 51 27. Appropriate governments and 27. Education of children with learning disabilities local authorities to make schemes and programmes for non-formal Appropriate Government shall take necessary steps to education, etc. ensure that : The appropriate Governments and the (i) Learning disabilities in children are detected at the local authorities shall by notification earliest; make schemes for- (a) Conducting part-time classes in (ii) Suitable pedagogical and other measures are taken so respect of children with disabilities who that the child is enabled to overcome such disabilities at the having completed education up to class earliest, and is able to fully develop its potential. fifth and could not continue their studies on a whole-time basis; Explanation: For the purpose of this section, (b) Conducting special part-time classes for “learning disability” means a disorder which affects the providing functional literacy for children in child’s ability to either interpret what he sees and hears, or the age group of sixteen and above; to link information from different parts of the brain. (c) Imparting non-formal education by Learning disability includes children with conditions utilizing the available manpower in known as attention deficit disorder, dyslexia, dysgraphia, rural areas after giving them appropriate dyscalculia and dyspraxia. orientation; 38 (d) Imparting education through open schools or open universities; (e) Conducting class and discussions through interactive electronic or other media; (f) Providing every child with disability free of cost special books and equipments needed for his education. 52 New Provision 27A. Education of children with cerebral palsy and children with multiple disabilities, especially deaf-blind children Appropriate Government shall take necessary steps to ensure that : (i) Suitable pedagogical and other measures are taken so that the child is enabled to overcome such disabilities at the earliest, and is able to fully develop its potential. (ii) Children with severe disabilities and children with multiple disabilities, in particular deaf-blind children, are educated through the most appropriate language, modes and means of communication. Explanation: For the purpose of this section, “deaf-blindness” is combination of hearing and visual impairments, that creates such severe communication, and other developmental and educational needs that can not be accommodated in special education programmes meant solely for children with deafness or children with blindness. 39 53 29. Appropriate Governments to set 29. Appropriate Governments to set up teacher's training up teacher's training institutions to institutions to develop trained manpower for students with develop trained manpower for disabilities schools for children with disabilities The appropriate Governments shall set The appropriate Governments shall set up adequate number of up adequate number of teachers' teachers' training institutions and assist the national institutes, training institutions and assist the universities and other voluntary organizations to develop national institutes and other voluntary teachers' training programmes so that requisite trained organizations to develop teachers' manpower is available for teaching students with training programmes specializing in disabilities. disabilities so that requisite trained human resource is available for special schools and integrated schools for children with disabilities. 40 S. No. Present Provision Proposed Provision (Changes indicated in bold) 54 30. Appropriate Governments to 30. Appropriate Governments to prepare a comprehensive prepare a comprehensive education education scheme providing for transport facilities, supply scheme providing for transport of books etc. facilities, supply of books etc. Without prejudice to the foregoing Without prejudice to the foregoing provisions, the appropriate provisions, the appropriate Governments Governments shall by notification prepare a comprehensive shall by notification prepare a education scheme which shall make provision for- comprehensive education scheme which shall make Provision for- (a) Transport facilities to the children with (a) Transport facilities to the children with disabilities or in the disabilities or in the alternative financial alternative financial incentives to parents or guardians to incentives to parents or guardians to enable enable their children with disabilities to attend schools. their children with disabilities to attend schools. (b) The removal of architectural barriers (b) The removal of architectural barriers from schools, from schools, colleges or other institution, colleges or other institutions, imparting vocational and imparting vocational and professional professional training; training; (c) The supply of books, uniforms and (c) The supply of books, uniforms and other materials to other materials to children with disabilities children with disabilities attending school. attending school. (d) The grant of scholarship to students (d) The grant of scholarship to students with disabilities. with disabilities. (e) Setting up of appropriate fora for the (e) Setting up of appropriate fora for the redressal of redressal of grievances of parent, regarding grievances of parents, regarding the placement of their the placement of their children with children with disabilities; disabilities; 41 (f) Suitable modification in the (f) Suitable modification in the evaluation system for the examination system to eliminate purely benefit of blind students and students with low vision and mathematical questions for the benefit such other disabilities as the appropriate governments may of blind students and students with low notify in this behalf so that students are enabled to attempt vision; questions of mathematical nature; (g) Restructuring of curriculum for the (g) Restructuring of curriculum for the benefit of children with benefit of children with disabilities; disabilities; (h) Restructuring the curriculum for (h) Restructuring the curriculum and scheme of evaluation benefit of students with hearing for the benefit of students with hearing impairment and impairment to facilitate them to take such other disabilities as the appropriate government may only one language as part of their notify in this behalf so that such students have an option to curriculum. study only one language. 55 Section 31. Educational institutions to 31. Educational institutions to provide amanuensis to provide amanuensis to students with students with disabilities- visual handicap All educational institutions shall All educational institutions shall provide or cause to be provide or cause to be provided provided amanuensis to blind students, students with low amanuensis to blind students and vision and to students suffering from such other disabilities students with or low vision. as the appropriate Government may notify in this behalf. 56 39. All educational institutions to 31 A: All educational institutions to reserve seats for reserve seats for persons with persons with disabilities – disabilities a) All Government educational institutions and educational All Government educational institutions institutions receiving aid from the Government shall and other educational institutions reserve not less than three percent seats for persons with receiving aid from the Government disabilities. shall reserve not less than three per cent (1) Notwithstanding anything contained in any other law seat for persons with disabilities. for the time being in force, every educational institutions 42 recognized by a government, a statutory institution, or any other authority duly empowered in this behalf, shall reserve not less than 3% seats for persons with disabilities. 43 S. No. Present Provision Proposed Provision (Changes indicated in bold) 57 New Chapter Chapter-VA : Healthcare 58 New Provision Section 31 B : Healthcare Appropriate Governments and local authorities shall take necessary measures to provide to persons with disabilities: (i) health care within a reasonable distance from their location, specially in rural areas; which shall be free in case of persons with disability, whose family income is below such limit as the appropriate government may notify; (ii) barrier-free access in all parts of the hospitals and other healthcare institutions and centres run or aided by them; and (iii) priority in attendance and treatment. 44 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter VI: Employment Chapter VI: Employment 59 Section 32. Identification of posts Section 32. Identification of posts which can be reserved which can be reserved for persons for persons with disabilities- with disabilities- Appropriate Governments shall- (1) Appropriate Governments shall- (a) identify posts, in the establishments, (a) identify posts in the establishments, which can be reserved which can be reserved for persons with for persons with different types of disability; disability; 60 Section 33. Reservation of posts Section 33. Reservation of posts Every appropriate Government shall Every appropriate Government shall fill in every appoint in every establishment such establishment, including in organized services, such percentage of vacancies not less than percentage of vacancies in identified posts meant to be filled three per cent for persons or class of by direct recruitment, with persons or class of persons with persons with disability of which one disability, so that not less than 3% of all posts to be filled percent each shall be reserved for by direct recruitment are filled through such persons, and persons suffering from- representation of persons with various types of disabilities is as follows: (i) Blindness or low vision; (i) Low vision: 0.5% (ii) Hearing impairment; (ii) Blind 0.5% (iii) Loco motor disability or cerebral palsy, in the posts (iii) Hearing impairment: 1% identified for each disability; (iv) Loco motor disability 1% including Cerebral Palsy: Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. 45 Provided that the appropriate (2) For the purposes of sub-section (1) the calculation of Government may, having regard to the vacancies will be based on all the entry level posts in type of work carried on in any various categories including in organized services, but the department or establishment, by appointment of persons with disabilities will be in posts or notification subject to such conditions, services identified as suitable for each type of disability in if any, as may be specified in such such manner as may be prescribed. notification, exempt any establishment (3) Notwithstanding anything contained in sub-sections (1) from the provisions of this section. and (2), appropriate government may also notify percentage of reservation for each type of disability not mentioned in sub-section (1), and shall fill by appointment posts identified for those disabilities under Section 32, to the extent of such reservation. 46 S. No. Present Provision Proposed Provision (Changes indicated in bold) 61 36. Vacancies not filled up to be 36. Vacancies not filled to be carried forward- carried forward- Where in any recruitment year any Where in any recruitment year any vacancy under section 33, vacancy under section 33, cannot be cannot be filled up due to non-availability of a suitable person filled up due to non-availability of a with disability or, for any other sufficient reason, such vacancy suitable person with disability or, for shall be carried forward in three succeeding recruitment years any other sufficient reason, such and if in the succeeding recruitment years also suitable person vacancy shall be carried forward in the with disability is not available, in the fourth year, it may first succeeding recruitment year and if in be filled by interchange among the three categories and only the succeeding recruitment year also when there is no person with disability available for the post in suitable person with disability is not that year, the employer shall fill up the vacancy by available, it may first be filled by appointment of a person, other than a person with disability: interchange among the three categories and only when there is no person with disability available for the post in that Year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies Provided that if the nature of vacancies in an establishment is in an establishment is such that a given such that a given category of person can not be employed, the category of person can not be vacancies may be interchanged among the four categories with employed, the vacancies may be the prior approval of the appropriate Government. interchanged among the three categories with the prior approval of the appropriate Government. 47 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter VII: Affirmative Action Chapter VII: Affirmative Action 62 40. Vacancies to be reserved in 40. At least three percent of beneficiaries under Poverty poverty alleviation schemes Alleviation Schemes to be persons with disabilities- The appropriate Governments and local Appropriate Governments and local authorities shall authorities shall reserve not less than ensure that at least three percent of the beneficiaries of three per cent in all poverty alleviation poverty alleviation schemes in each district are persons schemes for the benefit of persons with with disabilities. disabilities. 63 41. Incentives to employers to ensure 41. Incentives for employing persons with disabilities in the five percent of the work force is private sector- composed of persons with disabilities - The appropriate Governments and the The Central Government or appropriate Government may local authorities shall, within the limits provide incentives to employers in the private sector so of their economic capacity and that at least five per cent of their work force is composed of development, provide incentives to persons with disabilities. employers both in public and private sectors to ensure that at least five per cent of their work force is composed of persons with disabilities. 64 42. Aids and Appliances for persons 42. Reservation in allotment of dwelling units and shops with disabilities – The appropriate Governments shall by Whenever an appropriate Government or local authority notification make schemes to provide builds dwelling units or shops for allotment by lots, it shall aids and appliances to persons with reserve not less than three percent of such dwelling units disabilities. and shops for persons with disabilities in each round of allotment, in such manner as may be prescribed. 48 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter VIII-Non-Discrimination Chapter VIII-Non-Discrimination 65 44. Non-discrimination in transport 44. Non-discrimination in transport Establishments in the transport sector (1) Every appropriate government shall, by notification to shall, within the limits of their be issued within one year of enactment of this law, specify a economic capacity and development for time-limit in respect of transport services coming within its the benefit of persons with disabilities, purview, within which all establishments providing such take special measures to- transport services, shall – (a) Adapt rail compartments, buses. (a) adapt rail compartments, buses, vessels and aircraft in such Vessels and aircrafts in such a way as to a way as to permit easy access to such persons; and permit easy access to such persons; (b) adapt toilets in rail compartments, vessels, aircraft and waiting rooms in such a way as to permit wheel chair users (b) Adapt toilets in rail compartments, to use them conveniently; vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair Provided that the appropriate Government may specify users to use them conveniently. different time limits for different categories of transport. Provided further that the time limit specified in the notification shall not be later than 31.12.2017. (2) Upon issue of a notification in pursuance of sub-section (1), it shall be the duty of every establishment to which it applies, to comply with the requirements of such notification. 66 45. Non-discrimination on the road 45. Non-discrimination on the road The appropriate Governments and the Every appropriate Government shall, by notification to be local authorities shall, within the limits issued within one year of the enactment of this law, specify a of their economic capacity and time limit within which the appropriate Government itself and all local authorities under its control, shall provide for– development. Provide for- (a) Installation of auditory signals at red (a) Installation of auditory signals at red lights in the public lights in the public roads for the benefit roads for the benefit of persons with visual handicap; of persons with visually handicap; 49 (b) Causing curb cuts and slopes to be (b) Causing curb cuts and slopes to be made in pavements for made in pavements for the easy access easy access of wheel chair users; of wheel chair users; (c) Engraving on the surface of the (c) Engraving on the surface of the zebra crossing for the blind zebra crossing for the blind or for or for persons with low vision; persons with low vision; (d) Engraving on the edges of railway (d) Devising appropriate symbols of disability; platforms for the blind or for persons with low vision; (e) Devising appropriate symbols of (e) Warning signals at appropriate places; disability; (f) Warning signals at appropriate places. Provided that the appropriate Government may specify different time limit for different States and for different categories of roads, cities, towns etc. Provided further that the time limit specified in the notification shall not be later than 31.12.2017. 67 46. Non-discrimination in built 46. Non-discrimination in built environment: environment. The appropriate Governments and the local (1) Every appropriate Government shall, by notification to authorities shall, within the limits of their be issued within one year of the enactment of this law, economic capacity and development, specify a time limit within which the appropriate provide for- Government itself and all local authorities under its control (a) ramps in public buildings; shall provide barrier-free access to persons with disabilities (b) adaptation of toilets for wheel chair in all public buildings under their ownership or possession; users; (c) braille symbols and auditory signals in Provided that the appropriate Government may specify elevators or lifts; (d) ramps in hospitals, primary health different time limits for different kinds of public buildings centers and other medical care and and for different locations within its jurisdiction; rehabilitation institutions. Provided further that the time limit specified in the notification shall not be later than 31.12.2017; 50 Provided also that the highest priority shall be accorded to creating barrier-free access in public buildings of the following kinds, namely:- (a) educational institutions (b) hospitals, primary health centres and other medical care and rehabilitation institutions (c) railway stations, bus stands, ports and airports, and (d) offices of Governments, local bodies and public utilities receiving large number of public visitors e.g. Police Station, Panchayats, Municipalities, Blocks, Tehsil, Districts offices, Courts etc. (e) Places offering sports and recreational facilities like stadia, swimming pools, auditoria, cultural complexes, museum, libraries, etc. (2) Appropriate Government and local bodies shall also frame rules and regulations under relevant laws to ensure that public buildings other than those under their ownership or possession also provide barrier free access to persons with disabilities within a reasonable time. (3) Barrier-free access referred to in sub-sections (1) and (2) shall include:- (a) ramps with railings, (b) signage including those in Braille, (c) Braille symbols and auditory signals in elevators and lifts, (d) Toilets suitable for wheel-chair users, and (e) Tactile flooring for the benefit of the visually impaired. 51 68 New Provision 46A. Delivery of Public Services- (1) Appropriate Governments and local authorities shall take necessary measures to ensure that there is no discrimination against persons with disabilities in delivery of public services; and that such persons get priority in being attended to. (2) Notwithstanding anything contained in sub- section(1) above, appropriate Governments shall take steps to frame policies and take up programmes pertaining to the following services to provide equal access to persons with disabilities: (i) Education (ii) Health (iii) Electricity (iv) Drinking water (v) Pension scheme (vi) Public housing (vii) Insurance (viii) Banking services (ix) Employment including recruitment, hiring, continuance in jobs, career advancement etc. 69 New Provision 46B. Accessibility of Information in public domain to persons with disabilities - (1) Appropriate Governments and local bodies shall ensure availability of all information in public domain in accessible format suitable to the needs of persons with different types of disabilities. (2) In regard to sub clause (1) above, the Central Government through notification lay down standards for making such information available to persons with disabilities. 52 (3) Central Government will prescribe, through notification, standards for the accessibility of websites developed and maintained in the country and also ensure the enforcement of these standards so that these remain accessible to the persons with all types of disabilities 53 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter IX- Research and Manpower Chapter IX- Research and Manpower Development Development 70 48. Research and Development - 48. Research and Development - The appropriate Governments and local (1) The appropriate Governments and local authorities shall authorities shall promote and sponsor promote and sponsor research, inter-alia in the following areas: research, inter alia,, in the following areas- (a) Prevention of disability; (a) prevention of disability; (b) rehabilitation including community based (b) Rehabilitation including community rehabilitation; based rehabilitation; (c) development of more user-friendly, effective and economical assistive devices using new technologies (c) Development of assistive devices including information communication technologies; including their psychosocial aspects; (d) identification of employment opportunities and jobs for persons with disabilities; (d) Job identification; (e) onsite modification in offices and factories. (e) On site modifications in offices and (2) Appropriate Governments shall promote development factories. of universally designed goods, services and facilities which require the minimum possible adaptation and the least cost to meet the needs of persons with disabilities. 54 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter X- Recognition of Chapter X- Recognition of Institutions for Persons with Institutions for Persons with Disabilities Disabilities 71 51. Registration of Institutions 51. Registration of Institutions for Persons with Disabilities Save as otherwise provided under this Act, Save as otherwise provided under this Act, no person shall establish no person shall establish or maintain any or maintain any institution for persons with disabilities except in institution for persons with disabilities accordance with a certificate of registration issued in this behalf by except under in accordance with a the competent authority ; certificate of registration issued in this behalf by the competent authority; Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may Provided that a person maintaining an continue to maintain such institution for a period of six months from institution for persons with disabilities such commencement and if he has made an application for such immediately before the commencement of certificate under this section within the said period of six months, till this Act may continue to maintain such the disposal of such application; institution for a period of six months from such commencement and if he has made an Provided further that an institution for care of mentally ill application for such certificate under this persons, which holds a valid licence under Section 8 of the section within the said period of six Mental Health Act, 1987, shall not be required to be registered months, till the disposal of such under this Act. application. 55 S. No. Present Provision Proposed Provision (Changes indicated in bold) 72 52. Certificate of Registration 52. Certificate of Registration (1) Every application for a certificate of (1) Every application for a certificate of registration shall be made to registration shall be made to the the competent authority in such form and in such manner as may be competent authority in such form and in prescribed by the State Government. such manner as may be prescribed by the State Government. (2) On receipt of an application under (2) On receipt of an application under sub-section (1), the sub-section (1), the competent authority competent authority shall make such enquiries as it may deem fit shall make such enquiries as it may and where it is satisfied that the applicant has complied with the deem fit and where it is satisfied that requirements of this Act and the rules made thereunder it shall grant the applicant has complied with the a certificate of registration to the applicant and where it is not so requirements of this Act and the rules satisfied the competent authority shall, by order, refuse to grant the certificate applied for: made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order Provided that before making any order refusing to grant a certificate refusing to grant a certificate the the competent authority shall give to the applicant a reasonable competent authority shall give to the opportunity of being heard and every order of refusal to grant a applicant a reasonable opportunity of certificate shall be communicated to the applicant in such manner as being heard and every order of refusal may be prescribed by the State Government. to grant a certificate shall be communicated to the applicant in such manner as may be prescribed by the State Government. 56 (3) No certificate of registration shall be (3) No certificate of registration shall be granted under sub-section granted under sub-section (2) unless the (2) unless the institution with respect to which an application has institution with respect to which an been made is in a position to provide such facilities and meet such application has been made is in a minimum standards and norms for registration as may be position to provide such facilities and prescribed. maintain such standards as may be prescribed by the State Government. (4) A certificate of registration granted (4) A certificate of registration granted under this section,- under this section,- (a) Shall, unless revoked under section (a) shall, unless revoked under section 53, remain in force for such 53, remain in force for such period as period as may be prescribed by the State Government. may, be prescribed by, the State Government. (b) May be renewed from time to time (b) may be renewed from time to time for a like period; and for a like period; and (c) Shall be in such form and shall be (c) shall be in such form and shall be subject to such conditions as subject to such conditions as may be may be prescribed by the State Government. Prescribed by the State Government (5) An application for renewal of a (5) An application for renewal of a certificate of registration shall be certificate of registration shall be made made not less than sixty days before the period of validity. not less than sixty days before the period of validity. (6) The certificate of registration shall (6) The certificate of registration shall be displayed by the be displayed by the institution in a institution in a conspicuous place. conspicuous place. (7) Every application made under sub-section (1) or (5) of this Section shall be disposed of by the Competent Authority within such period, as may be prescribed. 57 73 New Provision 53A. Punishment for contravention of Sections 44, 45, 46, 51 and 53 - Any establishment, which contravenes the provisions of Sections 44, 45, 46, 51 and sub-section (4) of section 53, shall be punishable with fine which may extend to Rs.20,000/- and with additional sum of upto Rs. 1,000/- per day for each day of continued contravention after the date of the original order imposing punishment of fine. 58 S. No. Present Provision Proposed Provision (Changes indicated in bold) 74 Chapter XI - Institution for Persons Chapter XI - Care and Protection of Persons with with severe disabilities Disabilities, specially severe disabilities 75 56. Institutions for persons with 56. Persons with disabilities in need of Care and severe disabilities Protection - The appropriate Government may establish (1) Appropriate Governments shall and maintain institutions for persons with severe disabilities at such places as it (i) promote care and protection of persons with thinks fit. disabilities in the family including extended family and (2) Where, the appropriate Government is in community environment; and of opinion that any institution other than an institution. Established under sub-section (ii) establish and/or maintain at least one home in each (1), is fit for the rehabilitation of the district for persons with disabilities, who do not have persons with severe disabilities, the family or community support, especially a person with Government may recognize such institution as an institution for persons with severe disabilities and women and children with severe disabilities for the purposes of this disabilities; Act: Provided that no institution shall be (2) Every home established and/or maintained under sub- recognized under this section unless such section (1) shall satisfy such conditions as may be institution has complied with the prescribed by the appropriate Government. requirements of this Act and the rules made there under. (3) Every institution established under sub- section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed b), the appropriate Government. (4) For the purposes of this section "person with severe disability" means a person with eighty per cent or more of one or more disabilities. 59 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter XII – The Chief Commissioner for Persons with Disabilities 76 57. Appointment of Chief 57. Appointment of Chief Commissioner for persons with Commissioner for persons with disabilities disabilities (1) The Central Government may, by (1) The Central Government may, by notification appoint a notification appoint a Chief Chief Commissioner for persons with disabilities, on full- Commissioner for persons with time basis, for the purposes of this Act; disabilities for the purposes of this Act. (2) A person shall not be qualified for (2) The Chief Commissioner shall be appointed for a term appointment as the Chief Commissioner of three years from the date on which he assumes office or unless he has special knowledge or till he attains the age of sixty five years, whichever is practical experience in respect of matters earlier; relating to rehabilitation. Provided that, notwithstanding the completion of the term of three years, a Chief Commissioner shall continue till his successor enters upon his office, subject to the former not having attained the age of sixty five years. (3) The salary and allowances payable to (3) A person shall not be appointed as Chief and other terms and conditions of service Commissioner for more than two terms; (including pension, gratuity and other retirement benefits of the Chief Commissioner shall be such as may be prescribed by the Central Government.

(4) The Central Government shall (4) Subject to the provisions of sub-section (5) below, determine the nature and categories of qualification and experience for appointment as Chief officers and other employees required to Commissioner for Persons with Disabilities shall be as assist the Chief Commissioner in the prescribed by the Central Government. discharge of his functions and provide 60 the Chief Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided (5) A person shall not be appointed as Chief to the Chief Commissioner shall Commissioner unless he satisfies the following conditions: discharge their functions under the general superintendence of the Chief Commissioner. (a) He has special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities; and (b) On his selection for appointment as the Chief Commissioner, if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post. (6) The salaries and allowances and (6) The salary and allowances payable to and other terms and other conditions of service of officers conditions of service (including pension, gratuity and other and employees provided to the Chief retirement benefits of the Chief Commissioner shall be such Commissioner shall be such as may be as may be prescribed by the Central Government: prescribed by the Central Government. (7) The Chief Commissioner may, by notice in writing under his hand, addressed to the Central Government, resign his post. (8) Central Government may remove a person from the office of the Chief Commissioner, if that person:- (a) becomes an un-discharged insolvent; (b) engages during his term of office in any paid employment or activity outside the duties of his office; 61 (c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; (d) has in the opinion of the Central Government, been rendered unfit to perform his functions as laid down in the Act, or has been guilty of serious default in the performance of such functions; (e) has in the opinion of the Central Government, so abused the position of the Chief Commissioner as to render his continuance in office detrimental to the interest of persons with disability. Provided that no person shall be removed under this sub-section except after following such procedure, as may be prescribed. (9) In the event of the post of Chief Commissioner falling vacant due to death, resignation or any other unforeseen circumstances, the Central Government may appoint an officer not below the rank of an Additional Secretary to the Government of India to perform the functions of the Chief Commissioner for a period not exceeding 6 months with effect from the date of occurrence of the vacancy, or until a regular Chief Commissioner is duly appointed, whichever is earlier. (10) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit. 62 (11) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence of the Chief Commissioner. (12) The salaries and allowances and other conditions of service of officers and employees provided to the Chief Commissioner shall be such as may be prescribed by the Central Government. 77 58. Functions of the Chief 58. Functions of the Chief Commissioner – Commissioner – The Chief commissioner shall – (1)The Chief Commissioner shall – (a) coordinate the work of the (a) coordinate the work of the Commissioners; Commissioners; (b) monitor the utilization of' funds (b) monitor the utilization of' funds disbursed by the Central disbursed by the Central Government; Government; (c) take steps to safeguard the rights and (c) investigate and monitor all matters relating to the facilities made available to persons with safeguards provided for persons with disabilities under disabilities; this Act or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (d) Submit reports to the Central (d) inquire into specific complaints with respect to the Government on the implementation of deprivation of rights and safeguards of persons with the Act at such intervals as the disabilities; Government may prescribe. (e) participate in and advise on the planning process for all-round development of persons with disabilities and to evaluate the progress of their development under the Central Government; 63 (f) present to the Central Government annually and at such other times as the Chief Commissioner may deem fit, reports upon the working of those safeguards; (g) make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and all-round development of persons with disabilities; and (h) discharge such other functions in relation to the protection, welfare and development and advancement of persons with disabilities as the Central Government may, subject to the provisions of any law made by Parliament, by notification specify. (2) The Central Government shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (3) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Government of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. 64 78 59. Chief Commissioner to look into 59. Chief Commissioner to look into complaints - complaints - Without prejudice to the provisions of (1) Without prejudice to the provisions of section 58 of the Chief section 58 of the Chief Commissioner may Commissioner may of his own motion or on the application of any of his own motion or on the application of aggrieved person or otherwise look into complaints with respect to any aggrieved person or otherwise look into matters relating to – complaints with respect to matters relating to – (a) deprivation of rights of persons with (a) deprivation of rights of persons with disabilities; disabilities; (b) non-implementation of laws, rules, bye- (b) non-implementation of laws, rules, bye-laws, regulations, laws, regulations, executive orders, executive orders, guidelines or instructions made or issued by the guidelines or instructions made or issued by appropriate Governments and the local authorities for the welfare the appropriate Governments and the local and protection of rights of persons with disabilities, and take up the authorities for the welfare and protection of matter with the appropriate authorities. rights of persons with disabilities, and take up the matter with the appropriate (2) Whenever the Chief Commissioner makes a authorities. recommendation to an authority in pursuance of sub- section (1) above, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, he shall convey reasons for non- acceptance to the Chief Commissioner within the above period of three months, and shall also similarly inform the aggrieved person referred to in sub-section (1). 65 79 60. Appointment of Commissioners for 60. Appointment of Commissioners for Persons with persons with disabilities: Disabilities: (1) Every State Government may, by (1) Every State Government may, by notification appoint a notification appoint a Commissioner for Commissioner for persons with disabilities, on full-time persons with disabilities for the purpose basis, for the purposes of this Act; of this Act. (2) A person shall not be qualified for (2) The Commissioner shall be appointed for a term of appointment as a Commissioner unless he three years from the date on which he assumes office or till has special knowledge or practical he attains the age of sixty five years, whichever is earlier; experience in respect of matters relating Provided that, notwithstanding the completion of the term to rehabilitation. of three years, a Commissioner shall continue till his successor enters upon his office, subject to the former not having attained the age of sixty five years. (3) The salary and allowances payable to (3) A person shall not be appointed as Commissioner for and other terms and conditions of service more than two terms; (including pension gratuity and other retirement benefits) of the Commissioner shall be such as may be prescribed by the State Government. (4) The State Government shall determine the (4) Subject to the provisions of sub-section (5) below, nature and categories of officers and other qualification and experience for appointment as employees required to assist the Commissioner for Persons with Disabilities shall be as Commissioner in the discharge of his prescribed by the State Government. functions and provide the Commissioner with such officers and other employees as it thinks fit. 66 (5) The officers and employees provided to (5) A person shall not be appointed as Commissioner the Commissioner shall discharge their unless he satisfies the following conditions: functions under the general superintendence of the Commissioner. (a) He has special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities; and (b) On his selection for appointment as the Commissioner, if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post. (6) The salaries and allowances and other (6) The salary and allowances payable to and other terms and conditions of service of officers and conditions of service (including pension gratuity and other employees provided to the Commissioner retirement benefits) of the Commissioner shall be such as may shall be such as may he prescribed by the be prescribed by the State Government. State Government. (7) The Commissioner may, by notice in writing under his hand, addressed to the State Government, resign his post. (8) State Government may remove a person from the office of the Commissioner, if that person:- (a) becomes an un-discharged insolvent; (b) engages during his term of office in any paid employment or activity outside the duties of his office; (c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; (d) has in the opinion of the Central Government, been rendered unfit to perform his functions as laid down in the Act, or has been guilty of serious default in the performance of such functions; (e) has in the opinion of the State Government, so abused the position of the Commissioner as to render his continuance in office detrimental to the interest of persons with disability: 67 Provided that no person shall be removed under this sub-section except after following such procedure as may be prescribed. (9) In the event of the post of Commissioner falling vacant due to death, resignation or any other unforeseen circumstances, the State Government may appoint an officer not below the rank of a Secretary to the State Government to perform the functions of the Commissioner for a period not exceeding 6 months with effect from the date of occurrence of the vacancy, or until his successor shall have been duly appointed, whichever is earlier. (10) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit. (11) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner. (12) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may be prescribed by the State Government. 80 61. Powers of the Commissioner – 61. Powers of the Commissioner: The Commissioner within the State shall – (1)The Commissioner shall – (a) co-ordinate with the departments of the (a) coordinate with the departments of the State Government for the State Government for the programmes and programmes and schemes, for the benefit of persons with schemes, for the benefit of persons with disabilities; disabilities; 68 (b) monitor the utilization of funds disbursed (b) monitor the utilization of' funds disbursed by the State by the State Government; Government; (c) take steps to safeguard the rights and (c) investigate and monitor all matters relating to the facilities made available to persons with safeguards provided for persons with disabilities under this Act disabilities; or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (d) submit reports to the State Government (d) inquire into specific complaints with respect to the on the implementation of the Act at such deprivation of rights and safeguards of persons with intervals as that Government may prescribe disabilities; and forward a copy thereof to the Chief (e) participate in and advise on the planning process for all- Commissioner. round development of persons with disabilities and to evaluate the progress of their development under the State Government; (f) present to the State Government annually and at such other times as the Commissioner may deem fit, reports upon the working of those safeguards and forward a copy thereof to the Chief Commissioner; (g) make in such reports recommendations as to the measures that should be taken by the State for the effective implementation of those safeguards and other measures for the protection, welfare and all-round development of persons with disabilities; and (h) discharge such other functions in relation to the protection, welfare and development and advancement of persons with disabilities as the State Government may, subject to the provisions of any law made by Parliament, by notification specify. (2) The State Government shall cause all such reports to be laid before Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. 69 81. 62. Commissioner to look into 62. Commissioner to look into complaints with respect to complaints with respect to matters matters relating to deprivation of rights of persons with relating to deprivation of rights of disabilities – persons with disabilities - Without prejudice to the provisions of (1) Without prejudice to the provisions of section 61 the section 61 the Commissioner may of his Commissioner may of his own motion or on the application of own motion or on the application of any any aggrieved person or otherwise look into complaints with aggrieved person or otherwise look into respect to matters relating to – complaints with respect to matters relating to – (a) deprivation of rights of persons with (a) deprivation of rights of persons with disabilities; disabilities; (b) non-implementation of laws, rules, (b) non-implementation of laws, rules, bye-laws, regulations, bye-laws, regulations, executive orders, executive orders, guidelines or instructions made or issued by guidelines or instructions made or issued the appropriate Governments and the local authorities for the by the appropriate Governments and the welfare and protection of rights of persons with disabilities. local authorities for the welfare and protection of rights of persons with disabilities. (2) Whenever the Commissioner makes a recommendation to an authority in pursuance of sub-section (1) above, that authority shall take necessary action on it, and inform the Commissioner of the action taken within three months from the date of receipt of the recommendation; Provided that where an authority does not accept a recommendation, he shall convey reasons for non- acceptance to the Commissioner within the above period of three months, and shall also similarly inform the aggrieved person referred to in sub-section (1). 70 82 63. Authorities and officers to have 63. Chief Commissioner and Commissioners in States to certain powers of civil court – have certain powers of Civil Court - The Chief Commissioner and the The Chief Commissioner and the Commissioners shall, for Commissioners shall, for the purpose of the purpose of discharging their functions under this Act, discharging their functions under this have the same powers as are vested in a court under the Code Act, have the same powers as are vested of Civil Procedure, 1908 while trying a suit, in respect of the in a court under the Code of Civil following matters, namely:- Procedure, 1908 while trying a suit, in respect of the following matters, namely:- (a) Summoning and enforcing the (a) summoning and enforcing the attendance of witnesses and attendance of witnesses; … examining them on oath; …. 71 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter XIII- Social Security 83 66. Appropriate Governments and 66. Disability Pension - local authorities to undertake rehabilitation- (1) The appropriate Governments and the (1) Appropriate Governments shall, within the limits of local authorities shall within the limits of their economic capacity and development, implement their economic capacity and developments schemes for grant of disability pension to persons undertake or cause to be undertaken suffering from severe or multiple disabilities. rehabilitation of all persons with disabilities. (2) For purposes of sub-section (1), the (2) Appropriate Governments and local authorities shall, appropriate Governments and local within the limits of their economic capacity and authorities shall grant financial assistance to development, implement schemes for grant of pension to non-governmental organizations. women with disability. (3) The appropriate Governments and (3) The Scheme referred to in sub-section (1) shall inter- local authorities while formulating alia lay down the income and other criteria for eligibility, rehabilitation policies shall consult the rates of disability pension, and mode of payment. non-governmental organizations working for the cause of persons with disabilities. 84 67. Insurance scheme for employees 67. Comprehensive Insurance for persons with with disabilities disabilities - (1) The appropriate Government Appropriate Government shall, within the limit of their shall by notification frame an insurance economic capacity and development, by notification frame scheme for the benefit of its employees a comprehensive insurance scheme for persons with with disabilities. disabilities, not covered under the Employees State Insurance Schemes, or any other statutory or government-sponsored insurance schemes, to provide to them the following benefits namely:- 72 (2) Notwithstanding anything contained (i) in the case of persons with disability suffering from in this section, the appropriate such serious ailments as may be specified in the Government may instead of framing an scheme, payment of cost of medical treatment to insurance scheme frame an alternative such extent and in such manner as the scheme may security scheme for its employees with provide, disabilities (ii) accident insurance, if accident results in additional disablement, to be compensated through monthly additional payment till the person recovers to resume economic activity, and (iii) life insurance of such reasonable sum, as the scheme may provide. 85 68. Unemployment allowance - 68. Unemployment allowance - The appropriate Governments shall The appropriate Governments shall by notification frame or within the limits of their economic implement a scheme within a period not exceeding two capacity and development shall by years from the commencement of the Amendment Act of notification frame a scheme for payment 2009, for payment of unemployment allowance to persons of an unemployment allowance to with disabilities registered with an Employment Exchange persons with disabilities registered with for more than two years who have not been placed in any the Special Employment Exchange for gainful occupation, and who satisfy such other conditions more than two years and who could not in regard to family income etc. as the scheme may specify. be placed in any gainful occupation. 73 S. No. Present Provision Proposed Provision (Changes indicated in bold) 86 New Provision Chapter XIII A: National Fund for Persons with Disabilities 87 New Provision 68A. Definitions – In this Chapter, unless the context otherwise requires:- (a) "Erstwhile Fund" means the National Fund for People with Disabilities, constituted vide notification no. SO 573 (E) dated 11.08.1983 under the Charitable Endowments Act, 1890. (b) "Trust Fund" means the Trust Fund for Empowerment of Persons with Disabilities, constituted vide notification no 30-03/2004-DDII dated 21.11.2006, under the Charitable Endowment Act, 1890. 88 New Provision 68B. Establishment of a National Fund for Persons with Disabilities (1) With effect from such date as the Central Government may, by notification, appoint in this behalf, there shall be constituted for the purposes of this Act, a Fund to be called the National Fund for Persons with Disabilities. (2) The National Fund for Persons with Disabilities shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 74 S. No. Present Provision Proposed Provision (Changes indicated in bold) 89 New Provision 68C. Dissolution of Erstwhile Fund and Trust Fund and transfer of their rights, assets and liabilities to the National Fund for Persons with Disabilities. On and from the date of the constitution of the National Fund for Persons with Disabilities in accordance with Section 68B, the Erstwhile Fund and the Trust Fund shall stand dissolved, and on such dissolution – (a) all properties and assets, movable and immovable, of, or belonging to the two dissolved funds shall vest in the National Fund for Persons with Disabilities. (b) all rights and liabilities of the two dissolved funds shall be transferred to, and be the rights and liabilities of the National Fund for Persons with Disabilities, (c) without prejudice to the provisions of clause (b) all liabilities incurred, all contracts entered into, and all matters and things engaged to be done by, with or for the two dissolved Funds, shall be deemed, as the case may be, to have been incurred, entered into, or engaged to be done by, with or for, the National Fund for Persons with Disabilities; (d) all sums of money due to the two dissolved Funds immediately before their dissolution shall be deemed to be due to National Fund for Persons with Disabilities; (e) all suits and other legal proceedings instituted or which could have been instituted by or against the two dissolved Funds immediately before their dissolution may be continued or may be instituted by or against the National Fund for Persons with 75 Disabilities. 90 New Provision 68D. Governing Body of the Fund (1) The National Fund for Persons with Disabilities shall be governed by a Governing Body consisting of:- (i) The Finance Secretary to the Chairperson, Government of India ex-officio (ii) Secretary, Ministry of Social Justice & Empowerment, in the Vice- Central Government Chairperson (iii) Secretary, Department of s, ex-officio Financial Services / Banking, in the Central Government (iv) Chairperson, Rehabilitation Member, Council of India ex-officio (v) Chairperson, National Trust for Member, the Welfare of Persons with ex-officio Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (vi) Financial Advisor, Ministry of Member, Social Justice & Empowerment, ex-officio in the Central Government (vii) Representatives of the following Members, Ministries of the Central ex-officio Government, not below the rank of a Joint Secretary: (a) Health & Family Welfare (b) Human Resource Development (Deptt. of School Education & Literacy, and Deptt. of Higher Education) (c) Labour & Employment 76 (viii) Five Members representing Members different types of disabilities, to be nominated by the Central Government, by rotation (ix) A Chief Executive Officer to be Member- appointed by the Central Secretary, Government, who shall not be ex-officio below in rank to a Joint Secretary to the Government of India (2) The Governing Body shall meet as often as necessary, but at least once in every financial year. (3) The Governing Body may associate with itself, in such manner and for such purpose as may be determined by regulations, any person whose assistance or advice it may desire for carrying out any of the objects of the Trust. (4) Nominated members shall hold office for not more than three years. (5) No Member of the Board shall be a beneficiary of the Trust during the period such Member holds office. (6) No person shall be nominated as a member if he/ she - a. is, or become, of unsound mind or is so declared by a competent court; or b. is, or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or c. is, or at any time has been, adjudicated as an insolvent 77 91 New Provision 68E. Sources of Income for the National Fund for Persons with Disabilities As from the date of constitution of the National Fund for Persons with Disabilities u/s 68B, (hereinafter referred to as "the Fund"), under Section 68 B, the following shall be credited into it, viz.: (a) all moneys payable by banks, corporations, etc., in pursuance of judgment dated 16.04.2004 of the Supreme Court in Civil Appeal No.4655 and 5218 of 2000; (b) all moneys received from the Central Government; (c) all moneys received by the Fund by way of grant, gifts, donations, beneficiations, bequests or transfers; and (d) all moneys received by the fund in any other manner or from any other source. 92 New Provision 68F. Management and Utilization of the Fund (1) Central Government may from time to time fix an amount to be known as the corpus of the Fund; (2) An amount equal to the corpus shall be invested in such manner as may be prescribed and shall not be spent, except with the prior approval of the Central Government. (3) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as the Governing body, may, subject to the general guidelines of the Central Government, decide. (4) Amounts in excess of the corpus, including the interest accruing on the corpus, may be spent for one or more of the following purposes in relation to persons with disabilities: 78 (i) education, health and rehabilitation (ii) vocational training and employment (iii) generation of awareness (iv) administrative and other expenses of the Fund, as may be required to be incurred by or under this Act, and (v) such other purposes as may be prescribed. 93 New Provision 68G. Chief Executive Officer and Staff of Fund.- (1) The Central Government shall appoint a Chief Executive Officer of the Fund to exercise such powers and perform such duties under the direction of the Governing Body as may be prescribed or as may be delegated to him by the Chairperson. (2) The Governing Body shall, with the previous approval of the Central Government, appoint such other officers and employees as it considers necessary to carry out the objectives of the Fund.\ (3) The salary and allowances payable to, and the other terms and conditions of service of, the Chief Executive Officer, other officers and employees of the Fund shall be such as may be determined by regulations. 94 New Provision 68H. Budget: The Board shall prepare, in such form and at such time in each financial year as may be prescribed, the budget for the next financial year showing the estimated receipt and expenditure of the Fund, and shall forward the same to the Central Government, 79 95 New Provision 68 I. Accounts & Audit: (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Trust including the income and expenditure accounts in such form as the Central Government may prescribe and in accordance with such general direction as may be issued by that Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Trust shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable by the Trust to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and other person appointed by him in connection with the audit of the accounts of the Trust shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Trust. (4) The accounts of the Trust as certified by the Comptroller, and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government, which shall cause the same to be laid before each House of Parliament. 80 96 New Provision 68 J. Annual Report: The Governing Body shall prepare every year, in such form and within such time as may be prescribed, an annual report giving a true and full accounts of its activities during the previous financial year and copies thereof shall be forward to the Central Government, which shall cause the same to be laid before each House of Parliament. 97 New Provision 68 K. Authentication of Orders : All orders and decisions of the Board and instrument issued in the name of the Fund shall be authenticated by the signature of the Chairperson, the Chief Executive Officer or any other officer authorized by the Chairperson, in this behalf. 98 New Provision 68L. Returns & Information : The Board shall furnish to the Central Government such reports, returns and other information as that Government may require time to time. 99 New Provision 68M. Powers of Central Government: (1) Without prejudice to the foregoing provisions of this Act, the Board shall, in exercise of its power or the performance of its duties under this Act, be bound by such directions on questions of policy as the Central Government may give to it in writing from time to time: Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government on whether a question is one of policy or not shall be final. 81 100 New Provision 68N. Exemption from Tax on Income- Notwithstanding anything contained in the Income-tax Act, 1961, or any other law for the time being in force relating to tax on income, profits or gains, the Trust shall not be liable to pay income-tax or any other tax in respect of its income, and profits or gains derived therefrom. 101 New Provision 68O. Protection of action taken in Good Faith No suit, prosecution or other legal proceeding shall lie against the Central Government or the Trust or any member of the Board or Chief Executive Officer or any officer or other employee of the Trust or any other person authorized by the Board to perform duties under this Act for any loss or damage caused or likely to be caused by anything which is done in good faith. Explanation -For the purposes of this section, the expression "good faith" shall have the same meaning as assigned to it in Section 52 of the Indian Penal Code (45 of 1860) 102 New Provision 68P. Delegation The Board may, by general or special order in writing, delegate to the Chairperson or any member or any officer of the Fund, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers under this Act (except the power to make regulations under section 68(Q) as it may deem necessary. 82 103 New Provision 68Q. Power to make Regulation (1) The Board may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and rules generally to carry out the, purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the manner and purpose for which persons may be associated under sub-section(3) of section 68D. (b) the time and place at which the Board shall meet under clause(2) of section 68D; (c) the terms and conditions of service of the Chief Executive Officer, other officers and employees of the Fund under section 68G. 83 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter XIV: Miscellaneous Chapter XIV: Miscellaneous 104 New Provision 70A. Creation of Awareness on disability related issues The appropriate Government and local authorities shall endeavour to – (a) ensure that effective and appropriate measures are taken to raise awareness in society, including at the family level, regarding persons with disabilities, and to foster respect and dignity of their person and rights; (b) combat prejudices and harmful practices relating to persons with disabilities, in all areas of life; (c) promote awareness about the capabilities and contributions of persons with disabilities by adopting measures such as initiating and maintaining public awareness campaigns which should be designed to nurture receptiveness to and attitude of respect for persons with disabilities, (d) promote positive perceptions, greater social awareness and recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the work place; (e) encourage the media to portray persons with disabilities on equal basis with persons without disabilities; 84 105 New Provision 70B. Recreation Facilities (1) The appropriate Government and local authorities shall, within the limits of their economic capacity and development, promote development and utilization of creative, artistic and intellectual potential of persons with disabilities, not only for their own benefit, but also for the enrichment of society. (2) Without prejudice to the generality of sub-section(1), the appropriate government and local authorities shall take necessary measures to: (a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; (b) ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities (c) encourage the provision of appropriate instruction, training and resources; (d) ensure that persons with disabilities have access to sporting, recreational and tourism venues; (e) ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including activities in schools. 85 S. No. Present Provision Proposed Provision (Changes indicated in bold) 106 New Provision 70C. Replacement of “Central Coordination Committee”, “Central Executive Committee”, “State Coordination Committee” and “State Executive Committee” with their new nomenclature in certain sections In the sections shown in col. 1 of the table below, the phrases appearing in col. 2, wherever it occurs, shall be replaced by those appearing in col. 3 of the table; Section Present Phrase To be replaced by the Phrase 5,6,7 Central Coordination Central Advisory Board Committee 11,12 Central Executive Central Coordination and Committee Monitoring Committee 15,16,17 State Coordination State Advisory Board Committee 21,22 State Executive State Coordination and Committee Monitoring Committee 107 New Provision 72-A. Power of Central Government to notify guidelines for assessment of disabilities. (1) Central Government may, from time to time, notify guidelines to be followed by medical authorities in assessing the extent of disability, and for determining whether a person is a “person with disability” or a “person with severe disability” for the purpose of this Act. (2) Central Government will notify guidelines under sub- section (1) after following such procedure as may be prescribed. 108 73. Power of appropriate 73. Power of appropriate Government to make rules - Government to make rules – (1) The appropriate Government may, (1) The appropriate Government may, by notification, make by notification, make rules for carrying rules for carrying out the provisions of this Act. out the provisions of this Act. 86 (2) In particular, and without prejudice (2) In particular, and without prejudice to the generality of the to the generality of the foregoing foregoing powers, such rules may provide for all or any of the powers, such rules may provide for all following matters, namely:- or any of the following matters, namely:- (a)……….. (a)……….. (s).............. (s).............. 73.(2)(sa) the period within which an application made under sub-sections (1) and (5) of Section 52 shall be disposed off by the Competent Authority. (t) ……….. (t) …….. (zh) ……… (zh) ……… (3) ……….. (3) ……….. (4) …………. (4) …………. 87