(1) Every establishment shall comply with the following standards relating to physical environment, transport and information and communication technology, namely:-
(a) standard for public buildings as specified in the Hannonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disabilities and Elderly Persons as issued by the Government of India, Ministry of Urban Development in March, 2016;
(b) standard for Bus Body Code for transportation system as specified in the notification of the Government of India in the Ministry of Road Transport and Highways, vide number G.S.R. 895(E), dated the 20th September, 2016;
(c) Information and Communication Technology-
(i) website standard as specified in the guidelines for Indian Government websites, as adopted by Department of Administrative Reforms and Public Grievances, Government of India;
(ii) documents to be placed on websites shall be in Electronic Publication (ePUB) or Optical Character Reader (OCR) based pdf format:
Provided that the standard of accessibility in respect of other services and facilities shall be specified by the Central Government within a period of six months from the date of notification of these rules.
(iii) Appropriate authority such as PBMC, APWD, LSG & PRJ's shall incorporate necessary provisions of accessibility in the building by-laws.
t ~., It •• • •• So ~. . .
I I i I J THE ANDAMAN AND NICOBAR EXTRAORDINAFY GAZETTE, AUGUST 8,2019 9
(2) The respective Ministries and Departments shall ensure compliance of the standards .:;1 accessibility specified under this rule through the concerned domain regulators or otherwise.
v of Acce •• lbWty Standard •• - The Central Government shall review from time to time the accessibility standards notified based on the latest scientific knowledge and technology .
CHAPTERVU CERTMCATE OJ' DISABn.ITY
17. The Department of Health, A & N Administration through its authorized Medical Board or Medical Authority is the Competent authority to issue a certificate of disability.
18. Application for certificate of diaabWty: (1) Any person with specified disability may apply in Form -IV for a certificate of disability and submit the application toa) Chief Medical Officer or any other notified competent authority to issue such a certificate at the Public Health Center in the district of residence of the applicant as mentioned in the proof of residence in the application; or b) The concerned Chief Medical Officer in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability:
Provided that where a person with disability is a minor or suffering from intellectual disability or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian or by any organization registered under the Act having the minor under its care.
I.
I
19. Iuue of certificate of dlaabWty:
(1) On receipt of an application under rule 17, the medical .authority or an~ other notified competent authority shall, verify the information as provided by the applicant and shall assess the disability in terms of the relevant guidelines is~ued. by ~e ~entral Gov~mment and after satisfying himself that the applicant is a person WIth disability, Issue a certificate of disability in his favour in Form V, VI and VII, as the case may be.
(2) The Chief Medical Officer shall issue the certificate of disability within a month from the date of receipt of the application.
(3) The Chief Medical Officer shall, after due examinationh there are no chances of
(i) issue a permanent certificate of disability in ~ase.s. w_ ere variation of disability over time in the degree of dlsablhty, or .
. .. . . . h riod of validity, in cases where there IS (til Issue a certificate of dlsabihty mdlcatmg t e pe . bility an chance of variation over time in the degree of disa I I . . .
y .. .. . . ue of certificate of disability, the medical authonty
(4) If an apphcant IS found ineligible for .1~S r Form VIII within a period of one month from shall convey the reasons to h~m ~ wntmg unde the date of receipt of the application. ... ball ensure that the certificate h Urri territory AdmmlstratlOn s . db th C ntral (5) The State Govemment and t e _ mon.- f such date as may be notifie Y e e of disability is granted on online plat.orm rom Government.
11 valid for all purpose.: A person ~o whom
20. Certificate luued under rule 18 ~8 b~~~n::n~tled to apply for facilities, concessIons ~~ the certificate is issued under rule ith ~.sabilities under schemes of the Government an 0 benefits admissible for ~rs?ns "r nde~ by the Govemment.
non-Governmental orgamzations u i I \ 10 AND NICOBAR EX"TRAORlJl ARY GAZE'M'E, AUGUST 8,2019 The certificate of disability issued under the Persons with Disabilities (Equal "-~-"unir s, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) shall continue to 'Q after commencement of the Act for the period specified therein.
CIfAPTER VDI COIDIrM'EE OR RESEARCH ON DISABILITY
22. Committee lor Reaearch on DfaabUlty:
(1) The Committee for Research on Disability at the UT level shall consist of the following members, namely:
The Secretary (Health), A & N Administration to be nominated by the Administration as ex officio-Chairperson.
ii. Director of Health Services, Ex-Officio member A & N Administration- Member;
iii. Five members as representatives from registered UT level organizations representing each of the five groups of specified disabilities in the Schedule of the Act to be nominated by the Administration- Members: Provided that at least one representative of the registered organizations is a woman.
iv. Director of Department of Social Welfare-Member Secretary:
v. Chaired by Secretary (SW).
(2) The Chairperson may invite any expert as a special invitee.
(3) The term of organizations would be for three years.
(4) One half of the members shall constitute the quorum of the meeting.
(5) The non-official members and special invitees shall be entitled for travelling allowance and dearness allowance as admissible to a Group A or equivalent officer of the Administration.
(6) The Committee shall be provided with such clerical and other staff as the Administration may consider necessary.
23. Penoa .••• th disability not to be a aubject of research:
(2) No person with disability shall be a subject of any research without,-
(i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and
(il) prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organisation as defined under clause (z) of section 2.
24. DcalgDated uthority under section 22(1): The UT Legal Services Authority shall be the designated authority to take measures for creating social awareness and legal support.
CHAPTER IX STATE ADVISORY BOARD AND DISTRICT LEVEL COMMITTEE
25. Ad ry Board shall be constituted to act as UT level consultative and advisory body on disability matters and shall facilitate the preparation of policies for the empowerment of persons with disabilities and the full enjoyment of their rights.
The Advisory Board shall consist of Chief Secretary, A&N Administration Chairperson Secretaries of Social Welfare, Education, Finance, Health, Tribal: Members Welfare Deputy Commissioner, South Andaman, N&M Andaman & Nicobar: Members District Chairperson, Port Blair Municipal Council Chairpersons, Zilla Parishad South Andaman and N&M Andaman Director (Social Welfare)
1.
2.
3.
4.
5.
7.
Member Members Member Secretary "DAMAN AND NICOBAR EXTRAORDlNAR lAZETTE, AUGUST 8,2019 11 The representatives of Non-Governmental Organization and from other Government institution shall be invited as special invitee if requuec.
~.,{ • iht- 0"& •. Advisory Board shall perform the following functions:
(a) Ad ice the UT Administration on poucie , programmes, legislation and projects with respect to disability.
[b] Develop a UT policy to address issues concerning persons with disabilities.
(c) Review and coordinate the activities of all Departments of the UT Administration and non-Governmental Organizations in the UT which are dealing with mattera relating to persons with disabilities.
(d) Take up the cause of persons with disabilities with the concerned authorities and the international organizations with a view to provide for schemes and projects for the persons with disabilities in the UT Plans.
(e) Recommend steps to ensure accessibility, reasonable accommodations, non discrimination for persons with disabilities, services and the built environment and their participation in social life on an equal basis with others.
1) Monitor and evaluate the impact of laws, policies and programmes designated to achieve full participation of persons with disabilities.
(gI Such other functions as may be assigned from time to time by the UT Administration.
26. Allo ancea for the Members of the State Advisory Board: (1) The non-official Members of the State Advisory Board on disability shall be paid an allowance of rupees two thousand per day for each day of the actual meetings of the said Board.
27. Notice of the Meeting: (1) The meetings of the State Advisory Board on disability constituted under sub-section (1) of Section 66 of the Act (hereinafter in this Chapter referred to as •• the Board") shall ordinarily be held in the office of the worthy Chief Secretary on such dates as may be fixed by him: Provided that it shall meet at least once in every six months.
(2) The Chairperson of the Board shall, upon the written request of not less than ten members of the Board, call a special meeting of the Board.
(3) Fifteen days notice of an ordinary meeting and five days' notice of a s~ meeting specifying the time and the place at which such meeting to be held and the busmess to be transacted thereat, shall be given by Member-Secretary of the Board to the members of the Board. d li . th t (4) Notice of a meeting may be given to the members of the .Board b~ e vermg e same 0 them by messenger or sending it by registered post to their respective last ~own places of residence or business or by email or in such other manner as the Charrperson of the Board may, in the circumstances of the case, thinks fit.
S No member of the Board shall be entitled to bring fo~ard for the 1-70 \ ( ) consideration of the meeting any matter of which he has not glve~ ten c1ea~ O::PwD days notice to the Member Secre~ary. of the Board, unless the Chrurperson 0 the Board, in his discretion, permit him to do so. rticular day as under:
(6) The Board may adjourn its me~ti.ng f~?m da~ t~r~~ ~:;Ot~nXa~a notice of such adjourned
(a) Where a meeting o~ the Boar IS a J~rn f th Board available at the place where the meeting s~l be g1ve~, to thde ~e7 ~s h~ld a~d it shall not be necessary to give notice meeting which was adjourrie was 0 of the adjourned meeting to th.e re~: of th~ me;nf~~~;day to day but from the day on which
(b) Where a meeting of the Board IS a Jo~rne n°ti f such meeting shall be given to all the the meeting is to be held to another ate, no. cede ~ b 1 (4) members of the Board in the manner as specifi 10 su -ru e .
. B ard shall preside at every meeting of the Board 28 Presiding Officer: The Chrurperson of the 0 th f shall preside but when both the . . b the Vice-Chairperson ereo ' tin the and in his a sence,. . rson of the Board are absent from any mee . g, Chairperson and the Vice- Chatrpehall 1 t of the members to preside at that meeting.
members of the Board present s e ec one 12 ',HE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE AUGUST 8 2019 ~ , ,
30.
• WWII: (1) <;lne-third of the total members of the Board shall form the quorum 1_ I for any meeting. . 70 of . RPwf)ArJ If at any time fixed for any meeting or during the course of any meeting less than one third of the total members of the Board are present, the Chairperson thereof may adjourn the meeting to such hours on the following or on some other future date as he may fix.
l2) No quorum shall be necessary for the adjourned meeting of the Board.
(3) No matter which had not been on the agenda of the ordinary or at its adjourned meeting shall be taken up for discussion. .
(4) (a) Where a meeting of the Board is adjourned under sub-rule(2) for want of quorum to the following day, notice of such adjourned meeting shall be given to the members of the Board available at the place where the meeting which was adjourned was to be held and it shall not be necessary to give notice of the adjourned meeting to other members; and
(b) Where a meeting of the Board is adjourned under sub-rule (2) for want of quorun, not to the following, but on a date with sufficient gap, notice of such adjourned meeting shall be given to all the members of the Board in the manner as specifled in sub-rule (4) of rule 11.
inute.: (1) Record shall be kept of the names of all the members of the Board [[J who attended the meeting of the Board and of the proceeding sat the meetings in a book to be maintained for that purpose by the Member-Secretary of the Board.
(2) The minutes of the previous meeting of the Board shall be read at the beginning e ery succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting.
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(3) The proceedings shall be open to inspection by any member of the Board at the office of the Member-Secretary of the Board during office hours.
31. -.. to be trauaacted at meetlDg: Except with the permission of the 1_ 70 1 presiding officer, no business which is not entered in the agenda or of which ofRPwD notice has not been given by a member under sub rule (5) of rule 11 shall be Ad transacted at any meeting of the Board.
32. Agenda for the meetlDg of the State Advisory Board: (1) At any meeting of the 1_ I Board business shall be transacted in the order in which it is entered in the 70 of agenda, unless otherwise resolved in the meeting with the permission of the RPwD Ad presiding officer:
Provided that either at the beginning of the meeting of the Board or after the conclusion of the debate on a motion during the meeting, the presiding officer or a member of the Board may suggest a change in the order of business as entered in the agenda and if the Chairperson of the Board agrees, such a change shall take place.
33. Deciaion by majority: All questions considered at a meeting of the Board shall be decided by a majority of votes of the members of the Board present and voting and in the event of equality of votes, the Chairperson of the Board, or in the absence of the Chairperson, the Vice-Chairperson of the Board or in the absence of both the Member presiding at the meeting, as the case may be, shall have a second or casting vote.
34. No proceedlq to be IDvaIld due to vacaucy or auy defect: No proceeding of 1 Sedion- I the Board shall be invalid by reasons of existence of any vacancy in or any 72 of defect in the constitution of the Board. RPwD Act T!"JE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8,2019 13
33. Dlatrict-level Committee: The three (03) District-Level Committee on disability referred to in Section 72 of the Act shall consist of-
1. District Magistrate, South Andaman, N&M Andaman & Nicobar :
2. Superintendent of Police, District, N&M Andaman, Nicobar & South:
Andaman
3. Medical Superintendents of District Hospital, Port Blair,:
Mayabunder & Nicobar
4. Education Officer/Deputy Education Officer :
5. Pramukhs of Port Blair, Ferrargunj, Mayabunder, Little Andaman &:
Diglipur
6. Superintending Engineer, APWD Rangat, Port Blair & Nicobar
7. Child Development Project Officer (CDPO), Port Blair, Diglipur &:
Nicobar Chairperson Members Members Members Member Member Member Secretary The representatives of Non-Governmental Organization and from other Government institutions shall be invited as special invitee if required.
36. The District Level Committee for each District shall be constituted by an order issued by the Dy. Commissioner of the District and its tenure shall be for a period of three years from the date of constitution.
37. Functions of the Committee: The District-Level Committee on disability shall perform the following functions, namely:
(a) Advise the District authorities on matters relating to rehabilitation and empowerment of persons with disabilities.
(b) Monitor the implementation of the provisions of the Act and the rules.
(c) Assist the District authorities in implementation of schemes and programmes of the Government for empowerment of persons with disabilities.
(d) Look into the complaints relating to non- implementation of the provisions of the Act by the District authorities and recommend suitable remedial measures to the concerned authority to redress such complaints.
(e) Look into the appeal made by the employees of Government establishments aggrieved with the action taken by the District level establishments under sub-section (4) of Section 23 of the Act and recommend appropriate measures.
(f) Any other functions as may be assigned by the Administration.
CHAPTER X COMMISSIONER FOR PERSONS WITH DISABILITIES
38. Qualiflcation for appointment of Commissioner: A person shall not be Section- 79 qualified to be appointed as a Commissioner for Persons with Disability un~er. sub- of RPwD section (1) of Section 79 of the Act (in this Chapter referred to as the Commissioner] Ad '-- __ ---' unless:- . .
(i) He has special knowledge or practical experience in respect of the matters relating to rehabilitation of persons with disabilities; . .
(ii) He has not attained the age of sixty years on the 1st Janu.ary of th~ y~~ 10 w~ch ~e last date for receipt of applications, as specified in the advertisement mvttmg applications for appointment of the Commissioner, occurs; ... hall k
(iii) If he is in service under the Central Govemment or the Adm1Olstration, he s see retirement from such service before his appointment to the pos~; and
(iv) He possesses the following educational qualifications and expenence, namely:- tA) Educational qualifications: ...
(1) Eaentia1: Graduate from a recognized umversl~;
tii) Desirable: recognized dipl~ma/de!Vee in social work/law/ management/human rights/rehabilitation/education of dlSa?led ~rso~s. .. sector a Group 'A' level or (D) Experience: at least twenty years' expenence 10 disability equivale!lt post:- 14 THE ANDA YlAN AND NICOBAR EATRAORD! 'I\RY GAZETTE, AUGUST 8,2019 ~-- ~". ••••• o. ~p~ln~ent of the Commloalon • ..,- (" At [east six months before the us;;;,: I post of Commissioner IS due to fall vacant, an advertisement shall be published in at lOd least two national or UT level daily newspapers, one in English and the other in the RPwn Arl vernacular language inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 26.
(2) A Search-cum-Selection Committee shall be constituted by the UT Administration to recommend to it a panel of three suitable candidates for the post of the Commissioner.
(3) Com~ition of the 8earch-cum-Selection Committee- The Search cum Selection Committee shall be headed by the Chief Secretary and shall consist of Principal Secretary/ Secretary Social Welfare, Principal Secretary/Secretary Health & Family Welfare, Secretary (Revenue)and Principal Secretary I Secretary, Education.
(4) The panel recommended by the Search-cum-Selection Committee under sub-rule (2) may consist of persons from amongst those who have applied in response to the advertisement made under sub-rule (1) as well as from other willing eligible persons in the employment of Central or Administration whom the Committee may consider suitable.
(5) The Administration shall appoint one of the candidates out of the panel recommendeu oy the Search-cum-Selection Committee under sub-rule (2) as the Commissioner.
40. Term or the ColllDliuioner: (1) The Commissioner shall be appointed on full-time basis for a period of three (03) years from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.
(2) A person may serve as Commissioner for a maximum of two terms, subject to the upper age limit of sixty-five years.