(1) In these rules, unless the context otherwise requires>
(a) "Act" means the Rights of Persons with Disabilities Act, 2016 (49 of 2016);
(b) "appeUa~e authority" means an authority notified under sub-section (3) of section 14 or sub-s"'ctlon (1) of section 53 or designated under sub-section (1) of section 59, as the case may be;
(c) "aPPl'Opriate Government" means,-
(i) in n..lation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 2006, the Central Government;
(ti) in relation to a State Government or any establishment, wholly or substantially fmanced by that Government, or any local authority, other than a Cantonment Board i.e. A&N Administration.
Id) "barrie." 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;
(e) "cue-giver" means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability;
2 ~HE ANDA.t"dAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019 cate" means a certificate of disability issued by a certifying Authority referr d to ;.1 sub section (1) of Section 57 of the Act;
cate or regia tion" means a certificate of registration issued by the competent 1 thority under Section 50 of the Act.
tfying authority" means an authority designated under sub-section (Ilof section 1;
(1) AUUDication" includes means and formats of communication, languages, display f l.. .••• -. Braille, tactile communication, signs, large print, accessible multimedia written " dio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology;
tent authority" means an authority appointed under section 49;
-n'.1L ••.•• rlmlnation •• in relation to disability, means any distinction, exclusion, restriction on e ~ is of disability which is the purpose or of impairing or nullifying the recognif .I, . yment or exercise on an equal basis with others of all human rights and fundamental oms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation; Short title and mmencement.
means a form appended to these rules.
(i) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
[m) finltiona.
(i) "establishment" includes a Government establishment and private establishment;
(ii) "Fund" means the UT Fund constituted under section 86;
iii) --Go mment establishment" means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 2 of the Companies Act, 2013 and includes a Department of the Government;
(n "high support" means an intensive support, physical, psychological and otherwise, ~ .. hich may be required by a person with benchmark disability for daily activities, to take dependent and informed decision to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy;
(0) --in usive education" means a system of education wherein students with and without dis bility learn together and the system of teaching and learning is suitably adapted to m et the learning needs of different types of students with disabilities;
(p) o:-ma on and communication technology(ICT)" includes all services ar d innovations relating to information and communication, including telecom services, web based services, electronic and print services, digital and virtual services;
(q) "ina itution means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities;
[r] " oea; authority" means a Municipality or a Panchayat, as defined in clause (e) and clause
(1) of article 243P of the Constitution; a Cantonment Board constituted under th_ Cantonments Act, 2006; and any other authority established under an Act of Parharner, r a State Legi lature to administer the civic affairs; \
(5) Mnotificatio " means a notification published in the Official Gazette and the expression "notify" 0 "notified" shall be construed accordingly;
[t] Mpenon th benchmark disability" means a person with not less than forty per cer-t of a specified disability where specified disability has not been defined in measurable t nos and includes a person with disability where specified disability has been defined m measurable terms, as certified by the certifying authority;
u) "person with disability" means a person with long term phy~ical, m~ntal, intellectual. or sensory impairment which, in interaction with barriers, hinders hIS full and effective participation in society equally with others;
THE ANDAMAN AND NICOBAR EXTRAORDINAR. GAZE'ITE, AUGUST 8,2019 3 ~v) "penon with dlsabWty having high suppnrt need." means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support;
w) ·preacribed" means prescribed by rules made under this Act;
(x) -private estabUahment" means a company, firm, cooperative or other society, associations, trust, agency, institution, organisation, union, factory or such other establishment as the appropriate Government may, by notification, specify;
(y) ·pubUc buDding" means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial for as, railway stations or platforms, roadways bus stands or terminus, airports or waterways;
[z] "pubUc facUities and services" includes all forms of delivery of services to the public at large, including housing, educational and vocational trainings, employment and career advancement, shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation, banking, finance and insurance, communication, postal and information, access to justice, public utilities, transportation;
(za) -reasonable accommodation" means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others;
(zb) "registered organization" means an association of persons with disabilities or a disabled person organization, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary or non governmental or charitable organization or trust, society, or non-profit company working for the welfare of the persons with disabilities, duly registered under an Act of Parliament or a State Legislature;
(zc) "rehabUitation" refers to a process aimed at enabling persons with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychological environmental or social function levels;
I 1 J
(zd) "Special Employment Exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding-
(zg)
(i) persons who seek to engage employees from amongst the persons with disabilities;
(ii) persons with benchmark disability who seek employment;
(iii) vacancies to which persons with benchmark disabilities seeking employment may be appointed;
"specified disability" means the disabilities as specified in the Schedule;
"transportation systems" includes road transport,. rail transport, air tra;s:~, :~!~~ transport, para transit systems for the last rnile connectivity, roa infrastructure, etc.;
"universal design" means the design of products, environ~~nt~tK~:'f~::da~~ bl b all ple to the greatest extent POSSI e, d services to be usa. e. y ~eo d shall apply to assistive devices including advance adaptation or speci~lZed deSign a.r; with disabilities.
technologies for particular group 0 persons
(ze)
(zi) - , 4 THE ANDAMAN AND NICOBAR EXTRAORDI~ARY GAZEITE, AUGUST 8, 2019 CHAPTERU RIGHTS AND ENTITLEMENTS _,1 •.••••. 'ILi·o.:ih.nent not to discriminate on the ground of disability:
(1) The head of the establishment shall ensure that the provision of sub-section (3) of section 3 of the Act are not misused to deny any right or benefit to persons with disabilities covered under the Act.
(i) The Head of establishments shall ensure proper arrangement for doing their duty without any hardship.
(i)(a) Appropriate sitting facilities, toilets and accessitive supervisions and co-workers be ensured.
(2) If the head of the Government establishment or a private establishment employing twenty or more persons receives a complaint from an aggrieved persons regarding discrimination on the ground of disability, he shalla) initiate action in accordance with the provisions of the Act; or b) In form the aggrieved person in writing as to how the impugned act or omission is a proportionate means of achieving a legitimate aim.
(2) If the aggrieved person submits a complaint to the UT Commissioner for Persons with Disabilities, the complaint shall be disposed of within a period of sixty days: Provided that in exceptional cases, UT Commissioner may dispose of such complaint within thirty days.
(4) No establishment shall compel a person with disability to partly or fully *pay the costs incurred for reasonable accommodation.
4. Limited Guardianship: (1) The District Court or designated authority (Deputy Commissioner) through a registered organization or through a blood relative or any other fit person shall grant the support of limited guardianship to a person with disability to take a legally binding decision on his behalf.
(2) The District Court or designated authority (Deputy Commissioner) before granting limited guardianship for the person with disability shall satisfy itself that such person is not in a position to take legally binding decision of his own.
(3) The District Court or designated authority (Deputy Commissioner) shall take a decision preferably within a period of one month from the date of receipt of an application regarding grant of limited guardianship or from the date of coming to its notice of the need of such limited guardianship: Provided that the consent of the person to act as a limited guardian shall also be obtained before grant of such limited guardianship.
(4) The validity of the limited guardianship as appointed under sub rule(!) shall be initially for a period of five years which can be further extended by the District Court as the case may be: Provided that the District Court or designated authority (Deputy Commissioner) shall follow the same procedure while extending the validity of the limited guardianship as followed while granting the initial guardianship.
Section- 14(1) of RPwDAct . " THE ANDAMAN AND NICOBAR EXTRAORDINAR.-_ GAZE'ITE, AUGUST 8,2019 5 is; While granting the support of such limited guardianship the Court shall consider a suitable person to be appointed as a limited guardian in the following preference of merit:
(a) The parents or adult children of the person with disability.
(b) Immediate brother or sister;
(c) Other Blood relatives or care givers or a prominent personality of the locality.
(6) Only those individuals who are over the age of 18 years and who have not been previously convicted of any cognizable offence as defined in the Code of Criminal Procedure, 1973 (1 of 1974) shall be appointed as a limited Guardian.
(7) The limited guardian appointed under sub-rule (1) shall consult the person with disability in all matters before taking any legally binding decisions on his behalf.
(8) The appointed limited guardian shall ensure that the legally binding decisions taken on behalf of the person with disability are in the interest of the person with disability.
5. Appellate Authority u/. 14(3): To enable appeal against decision of the District Court under Rule 6(1)-the appellate authority to appeal against any decision of the District Court for appointment of limited Guardian under Rule 6( 1) shall be the High Court of Calcutta.
CHAPTERUI NODAL OFFICER IN THE DISTRICT EDUCATION OFFICE
6. There shall be a nodal officer in the District Education Office to deal with all matters relating to admission of children with disabilities and the facilities to be provided to them in schools in accordance with the provisions of sections 16 and 31 of the Act. The Education Officer or District Education Officer shall be the Nodal Officer in Education Department.
• Functions of Nodal Officer, District Education Officer-
(i) Admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others;
(ii) Make building, campus and various facilities accessible;
(iii) Provide reasonable accommodation according to the individual's requirements;
(iv) Provide necessary support individualized or otherwise in environments that maximize academic and social development consistent with the goal of full inclusion;
(v) Ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication;
(vi) Detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them;
(vii) Monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability;
(viii) Provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs.
6(1). The Education Department shall conduct the survey of school going children in every 05 (five) years staring from the year of issuance of this notification.
6(2). The Education Department shall arrange proper educational ins~itution~ ~ke s~cial schools. accessible free text books, scholarships, le~in~ m~te~al, aseietive devioea, resource centres etc. for children studying in all educational instituuons.
6 THE ANDAMAN AND NICOBAR EXTRAORD!:;'ARY GAZETTE, AUGUST 8,2019
CHAPTER IV EMPLOYMENT