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Acts and Rules

This topic covers Information about Acts and Rules pertaining to welfare of the Differently-abled.

Rights of Persons with Disabilities Act, 2016

The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.  The Act came into force during December 2016.

Salient features of the Act

  • Disability has been defined based on an evolving and dynamic concept.
  • The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities. In addition, the Government has been authorized to notify any other category of specified disability. The 21 disabilities are given below:-
    1. Blindness
    2. Low-vision
    3. Leprosy Cured persons
    4. Hearing Impairment (deaf and hard of hearing)
    5. Locomotor Disability
    6. Dwarfism
    7. Intellectual Disability
    8. Mental Illness
    9. Autism Spectrum Disorder
    10. Cerebral Palsy
    11. Muscular Dystrophy
    12. Chronic Neurological conditions
    13. Specific Learning Disabilities
    14. Multiple Sclerosis
    15. Speech and Language disability
    16. Thalassemia
    17. Hemophilia
    18. Sickle Cell disease
    19. Multiple Disabilities including deafblindness
    20. Acid Attack victim
    21. Parkinson's disease
  • Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
  • Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.
  • Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
  • Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
  • For strengthening the Prime Minister's Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.
  • Reservation in vacancies in government establishments has been increased from 3% to 4% for certain persons or class of persons with benchmark disability.
  • The Act provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.
  • Broad based Central & State Advisory Boards on Disability are to be set up to serve as apex policy making bodies at the Central and State level.
  • Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now be assisted by 2 Commissioners and an Advisory Committee comprising of not more than 11 members drawn from experts in various disabilities.
  • Similarly, the office of State Commissioners of Disabilities has been strengthened who will be assisted by an Advisory Committee comprising of not more than 5 members drawn from experts in various disabilities.
  • The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies and also monitor implementation of the Act.
  • District level committees will be constituted by the State Governments to address local concerns of PwDs. Details of their constitution and the functions of such committees would be prescribed by the State Governments in the rules.
  • Creation of National and State Fund will be created to provide financial support to the persons with disabilities. The existing National Fund for Persons with Disabilities and the Trust Fund for Empowerment of Persons with Disabilities will be subsumed with the National Fund.
  • The Act provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.
  • Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.

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The National Trust Rules, 2000

The Rules provide for election of Members of the Trust, Powers and Duties of its Chairperson and Chief Executive Officer etc.

For More Information: The National Trust Rules (75.5KB)

The National Trust Regulations, 2001

The Regulations provide for conditions of service of the Chief Executive Officer and other officers and staff of the Trust, form and manner in which application is to be made for registration of NGOs and procedure for appointment of guardians etc.

For More Information: The National Trust Regulations

Rehabilitation Council of India Regulations, 1997

The Regulations provide details about powers and duties of the Chairperson, powers of the Council and about the meetings of the General Council and Executive Committee, their quorum and proceedings etc.

For More Information: Rehabilitation Council of India Regulations-

Rehabilitation Council of India (Conditions of Service of the Member-Secretary, the officers and other employees) Regulations, 1998

The Regulations provide for the conditions of service of the Member Secretary, other officers and employees of the Rehabilitation Council of India.

For More Information: Rehabilitation Council of India Regulations,1998 (1.9MB)

Rehabilitation Council of India (Standards of Professional Conduct, Etiquette and Code of Ethics for Rehabilitation Professionals) Regulations, 1998.

These Regulations lay down the standards of professional conduct, etiquette and code of ethics for rehabilitation professionals.

The Regulations provide for the conditions of service of the Member Secretary, other officers and employees of the Rehabilitation Council of India.

Source : Rehabilitation Council of India Regulations,(Professionals) (1.9MB)

3.06194690265
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