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Thursday, February 22, 2018

Latest News on Rights Of Persons With Disabilities Act 2016

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
____________
ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and commencement.
2. Definitions.
CHAPTER II
RIGHTS AND ENTITLEMENTS
3. Equality and non-discrimination.
4. Women and children with disabilities.
5. Community life.
6. Protection from cruelty and inhuman treatment.
7. Protection from abuse, violence and exploitation.
8. Protection and safety.
9. Home and family.
10. Reproductive rights.
11. Accessibility in voting.
12. Access to justice.
13. Legal capacity.
14. Provision for guardianship.
15. Designation of authorities to support.
CHAPTER III
EDUCATION
16. Duty of educational institutions.
17. Specific measures to promote and facilitate inclusive education.
18. Adult education.
CHAPTER IV
SKILL DEVELOPMENT AND EMPLOYMENT
19. Vocational training and self-employment.
20. Non-discrimination in employment.
21. Equal opportunity policy.
22. Maintenance of records.
23. Appointment of Grievance Redressal Officer.
CHAPTER V
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION
24. Social security.
25. Healthcare.
26. Insurance schemes.
2
SECTIONS
27. Rehabilitation.
28. Research and development.
29. Culture and recreation.
30. Sporting activities.
CHAPTER VI
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES
31. Free education for children with benchmark disabilities.
32. Reservation in higher educational institutions.
33. Identification of posts for reservation.
34. Reservation.
35. Incentives to employers in private sector.
36. Special employment exchange.
37. Special schemes and development programmes.
CHAPTER VII
SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS
38. Special provisions for persons with disabilities with high support.
CHAPTER VIII
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS
39. Awareness campaigns.
40. Accessibility.
41. Access to transport.
42. Access to information and communication technology.
43. Consumer goods.
44. Mandatory observance of accessibility norms.
45. Time limit for making existing infrastructure and premises accessible and action for that purpose.
46. Time limit for accessibility by service providers.
47. Human resource development.
48. Social audit.
CHAPTER IX
REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH
INSTITUTIONS
49. Competent authority.
50. Registration.
51. Application and grant of certificate of registration.
52. Revocation of registration.
53. Appeal.
54. Act not to apply to institutions established or maintained by Central or State Government.
55. Assistance to registered institutions.
CHAPTER X
CERTIFICATION OF SPECIFIED DISABILITIES
56. Guidelines for assessment of specified disabilities.
3
SECTIONS
57. Designation of certifying authorities.
58. Procedure for certification.
59. Appeal against a decision of certifying authority.
CHAPTER XI
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE
60. Constitution of Central Advisory Board on Disability.
61. Terms and conditions of service of members.
62. Disqualifications.
63. Vacation of seats by Members.
64. Meetings of the Central Advisory Board on disability.
65. Functions of Central Advisory Board on disability.
66. State Advisory Board on disability.
67. Terms and conditions of service of Members.
68. Disqualification.
69. Vacation of seats.
70. Meetings of State Advisory Board on disability.
71. Functions of State Advisory Board on disability.
72. District-level Committee on disability.
73. Vacancies not to invalidate proceedings.
CHAPTER XII
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
74. Appointment of Chief Commissioner and Commissioners.
75. Functions of Chief Commissioner.
76. Action of appropriate authorities on recommendation of Chief Commissioner.
77. Powers of Chief Commissioner.
78. Annual and special reports by Chief Commissioner.
79. Appointment of State Commissioner in States.
80. Functions of State Commissioner.
81. Action by appropriate authorities on recommendation of State Commissioner.
82. Powers of State Commissioner.
83. Annual and special reports by State Commissioner.
CHAPTER XIII
SPECIAL COURT
84. Special Court.
85. Special Public Prosecutor.
CHAPTER XIV
NATIONAL FUND FOR PERSONS WITH DISABILITIES
86. National Fund for persons with disabilities.
87. Accounts and audit.
CHAPTER XV
STATE FUND FOR PERSONS WITH DISABILITIES
88. State Fund for persons with disabilities.
4
CHAPTER XVI
OFFENCES AND PENALTIES
SECTIONS
89. Punishment for contravention of provisions of Act or rules or regulations made thereunder.
90. Offences by companies.
91. Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities.
92. Punishment for offences of atrocities.
93. Punishment for failure to furnish information.
94. Previous sanction of appropriate Government.
95. Alternative punishments.
CHAPTER XVII
MISCELLANEOUS
96. Application of other laws not barred.
97. Protection of action taken in good faith.
98. Power to remove difficulties.
99. Power to amend Schedule.
100. Power of Central Government to make rules.
101. Power of State Government to make rules.
102. Repeal and savings.
THE SCHEDULE.
5
THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
ACT NO. 49 OF 2016
[27th December, 2016]
An Act to give effect to the United Nations Convention on the Rights of Persons with
Disabilities and for matters connected therewith or incidental thereto.
WHEREAS the United Nations General Assembly adopted its Convention on the Rights of Persons
with Disabilities on the 13th day of December, 2006.
AND WHEREAS the aforesaid Convention lays down the following principles for empowerment of
persons with disabilities,—
(a) respect for inherent dignity, individual autonomy including the freedom to make one's own
choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society;
(d) respect for difference and acceptance of persons with disabilities as part of human diversity
and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities;
AND WHEREAS India is a signatory to the said Convention;
AND WHEREAS India ratified the said Convention on the 1st day of October, 2007;
AND WHEREAS it is considered necessary to implement the Convention aforesaid.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Rights of Persons with
Disabilities Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appellate authority” means an authority notified under sub-section (3) of section 14 or
sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be;
(b) “appropriate Government” means,—
(i) in relation to the Central Government or any establishment wholly or substantially
financed by that Government, or a Cantonment Board constituted under the Cantonments Act,
2006 (41 of 2006), the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financed
by that Government, or any local authority, other than a Cantonment Board, the State
Government.
(c) “barrier” means any factor including communicational, cultural, economic, environmental,
institutional, political, social, attitudinal or structural factors which hampers the full and effective
participation of persons with disabilities in society;

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
____________
ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and commencement.
2. Definitions.
CHAPTER II
RIGHTS AND ENTITLEMENTS
3. Equality and non-discrimination.
4. Women and children with disabilities.
5. Community life.
6. Protection from cruelty and inhuman treatment.
7. Protection from abuse, violence and exploitation.
8. Protection and safety.
9. Home and family.
10. Reproductive rights.
11. Accessibility in voting.
12. Access to justice.
13. Legal capacity.
14. Provision for guardianship.
15. Designation of authorities to support.
CHAPTER III
EDUCATION
16. Duty of educational institutions.
17. Specific measures to promote and facilitate inclusive education.
18. Adult education.
CHAPTER IV
SKILL DEVELOPMENT AND EMPLOYMENT
19. Vocational training and self-employment.
20. Non-discrimination in employment.
21. Equal opportunity policy.
22. Maintenance of records.
23. Appointment of Grievance Redressal Officer.
CHAPTER V
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION
24. Social security.
25. Healthcare.
26. Insurance schemes.
2
SECTIONS
27. Rehabilitation.
28. Research and development.
29. Culture and recreation.
30. Sporting activities.
CHAPTER VI
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES
31. Free education for children with benchmark disabilities.
32. Reservation in higher educational institutions.
33. Identification of posts for reservation.
34. Reservation.
35. Incentives to employers in private sector.
36. Special employment exchange.
37. Special schemes and development programmes.
CHAPTER VII
SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS
38. Special provisions for persons with disabilities with high support.
CHAPTER VIII
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS
39. Awareness campaigns.
40. Accessibility.
41. Access to transport.
42. Access to information and communication technology.
43. Consumer goods.
44. Mandatory observance of accessibility norms.
45. Time limit for making existing infrastructure and premises accessible and action for that purpose.
46. Time limit for accessibility by service providers.
47. Human resource development.
48. Social audit.
CHAPTER IX
REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH
INSTITUTIONS
49. Competent authority.
50. Registration.
51. Application and grant of certificate of registration.
52. Revocation of registration.
53. Appeal.
54. Act not to apply to institutions established or maintained by Central or State Government.
55. Assistance to registered institutions.
CHAPTER X
CERTIFICATION OF SPECIFIED DISABILITIES
56. Guidelines for assessment of specified disabilities.
3
SECTIONS
57. Designation of certifying authorities.
58. Procedure for certification.
59. Appeal against a decision of certifying authority.
CHAPTER XI
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE
60. Constitution of Central Advisory Board on Disability.
61. Terms and conditions of service of members.
62. Disqualifications.
63. Vacation of seats by Members.
64. Meetings of the Central Advisory Board on disability.
65. Functions of Central Advisory Board on disability.
66. State Advisory Board on disability.
67. Terms and conditions of service of Members.
68. Disqualification.
69. Vacation of seats.
70. Meetings of State Advisory Board on disability.
71. Functions of State Advisory Board on disability.
72. District-level Committee on disability.
73. Vacancies not to invalidate proceedings.
CHAPTER XII
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
74. Appointment of Chief Commissioner and Commissioners.
75. Functions of Chief Commissioner.
76. Action of appropriate authorities on recommendation of Chief Commissioner.
77. Powers of Chief Commissioner.
78. Annual and special reports by Chief Commissioner.
79. Appointment of State Commissioner in States.
80. Functions of State Commissioner.
81. Action by appropriate authorities on recommendation of State Commissioner.
82. Powers of State Commissioner.
83. Annual and special reports by State Commissioner.
CHAPTER XIII
SPECIAL COURT
84. Special Court.
85. Special Public Prosecutor.
CHAPTER XIV
NATIONAL FUND FOR PERSONS WITH DISABILITIES
86. National Fund for persons with disabilities.
87. Accounts and audit.
CHAPTER XV
STATE FUND FOR PERSONS WITH DISABILITIES
88. State Fund for persons with disabilities.
4
CHAPTER XVI
OFFENCES AND PENALTIES
SECTIONS
89. Punishment for contravention of provisions of Act or rules or regulations made thereunder.
90. Offences by companies.
91. Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities.
92. Punishment for offences of atrocities.
93. Punishment for failure to furnish information.
94. Previous sanction of appropriate Government.
95. Alternative punishments.
CHAPTER XVII
MISCELLANEOUS
96. Application of other laws not barred.
97. Protection of action taken in good faith.
98. Power to remove difficulties.
99. Power to amend Schedule.
100. Power of Central Government to make rules.
101. Power of State Government to make rules.
102. Repeal and savings.
THE SCHEDULE.
5
THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
ACT NO. 49 OF 2016
[27th December, 2016]
An Act to give effect to the United Nations Convention on the Rights of Persons with
Disabilities and for matters connected therewith or incidental thereto.
WHEREAS the United Nations General Assembly adopted its Convention on the Rights of Persons
with Disabilities on the 13th day of December, 2006.
AND WHEREAS the aforesaid Convention lays down the following principles for empowerment of
persons with disabilities,—
(a) respect for inherent dignity, individual autonomy including the freedom to make one's own
choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society;
(d) respect for difference and acceptance of persons with disabilities as part of human diversity
and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities;
AND WHEREAS India is a signatory to the said Convention;
AND WHEREAS India ratified the said Convention on the 1st day of October, 2007;
AND WHEREAS it is considered necessary to implement the Convention aforesaid.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Rights of Persons with
Disabilities Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appellate authority” means an authority notified under sub-section (3) of section 14 or
sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be;
(b) “appropriate Government” means,—
(i) in relation to the Central Government or any establishment wholly or substantially
financed by that Government, or a Cantonment Board constituted under the Cantonments Act,
2006 (41 of 2006), the Central Government;
(ii) in relation to a State Government or any establishment, wholly or substantially financed
by that Government, or any local authority, other than a Cantonment Board, the State
Government.
(c) “barrier” means any factor including communicational, cultural, economic, environmental,
institutional, political, social, attitudinal or structural factors which hampers the full and effective
participation of persons with disabilities in society;

Rights of Persons with Disabilities Act, 2016

Legislative history

The Rights of Persons with Disabilities Bill, 2014 was introduced into the Parliament on 7 February 2014 and passed by the Lok Sabha on 14 December 2016. The Bill was passed by the Rajya Sabha on 16 February 2016 and received the President's assent on 28 December 2016.[2] The Act become operational on 19 April 2017. The Central Government rules 2017 have been notified under Section 100 of the Act and have come into force with effect from the 15 June 2017.[3]