The UT Administration with the concurrence of High Court, Calcutta by notification specify for each District, a court of Session to be a Special Court to try the offences under this Act.
CHAPTER XII UT FUND FOR PERSONS WITH DISABILITIES 8811) SO. Fund for Persons with DisabUities and ita management:- (I)There shall be credited to the Fund for Persons with Disabilities hereinafter referred to as "the Fund":- a) All sums received by way of gifts, donations, benefactions, bequests or transfers;
(b) All sums received from corporate houses/ PSUs under CSR or from such other sources as may be decided by the Administration.
(2) There shall be a Governing Body consisting of following members to manage the Fund, namely:-
(a) Chief Secretary, A&N Administration - Chairperson;
(b) Two representatives from the Department of Health and Family Welfare, Department of Education, Department of Labour and Employment, Department of Finance, Department of Rural Development in the Administration, not below the rank of a Joint Secretary, by rotation in alphabetical order - Members
(c) Two persons representing different types of disabilities to be nominated by the Administration, by rotation - Members;
(g) Director (SW) - Convener and Chief Executive Officer.
THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZE'M'E. AUGUST 8,2019 17
(3) The governing body shall meet as often as necessary, but at least once in every financial year.
(4) The nominated members shall hold office for not more than three years.
(5) No member of the governing body shall be a beneficiary of the Fund during the period such Member holds office.
(6) The nominated non-official members shall be eligible for payment of travelling allowance and dearness allowance as admissible to a Group "A" officer of the Administration for attending the meetings of the governing body.
(7) No person shall be nominated under clause (b) and (c) of sub-rule 2as a member of the governing body if he -
(a) Is, or has been, convicted of an offence, which in the opinion of the Administration, involves moral turpitude; or
(b) Is, or at any time has been, adjudicated as an insolvent.
51. UtWatlon of the Fund: (1) The Fund shall be utilized for the following purposes, namely:
(a) Financial assistance in the areas which are not specifically covered under any scheme and programme of the Administration;
(b) Administrative and other expenses of the Fund, as may be required to be incurred by or under the Act; and
(c) Such other purposes as may be decided by the governing body.
(2) Every proposal of expenditure shall be placed before the governing body for its approval.
S6cti0n- 88(2) of RPwDAct
(3) The governing body may appoint secretarial staff including accountants with such terms and conditions as it may think appropriate to look after the management and utilization of the Fund based on need based requirement.
(4) The Fund shall be invested in such manner as may be decided by the governing body.
52. Bu4l,et: The Chief Executive Officer of the Fund shall prepare the budget for Section incurring expenditure under the Fund in each financial year showing the 88(2) of estimated receipt and expenditure of the Fund, in January every year and shall ..__Q_Dwf'I_41_M__.
place the same for consideration of the governing body.
53. Report: All Departments shall furnish monthly, quarterly and annual report in =e= of Persons with Disabilities compliances with the provisions of the Act shall be furrushed to Commissioner of Disabilities
CHAPTER XIII OFFENCES AND PENALTIES 54 whoever in contravention of any of the provisions of this Rule, shall be liable for punisha?le . with fine which may extend to ten thousand rupees and for any sub~equent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, itt d b company every person who at the 55 Where an offence under this Rule has been comrm e d a , ible to the company for time the offence was committed, was in charge of, an was responsi hall be c1eemeJ to L.!
the conduct of the buSdinehss l~~th~ ~~f~~'p~~c::~e~S a~:~~~~~~~~ished accordingly:
guilty of the offence an s a e a . . ' id t with intent to humiliate a person with
56. Whoever, (a) intentionally _m~ults ~~, m~lm~ (bjSassaults or uses force to any per~on ~th disability in any place ~thm pu IC, View, he modesty of a woman with dlsability;
disability with intent to dIshonour him or outrage t ith d'sability voluntarily or knowingly
(c) having the actual charge or control ove,r a ~rson sition :0 dominate the will of a child or denies food or fluids to him or her; (d) being ~ a Po~\ her sexually' (e) voluntarily injures, woman with disability a_nd uses thai POsl~onb ~r e:!~~ or any suppdrtirlg device of a person damages or interferes With the use 0 any lID 18 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019 with disability; (f) performs, conducts or directs any medical. procedure to be performed on a .woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with .disability, shall be punishable with imprisonment for a term which shall not be lesa than six months but which may extend to five years and with fine.
57. Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Rule or any order, or direction made or given the re-under, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Rule or of any order, or direction made or given there under, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day. of continued failure or refusal after the date of original order imposing punishment of fme.
1
58. No Court shall take cognizance of an offence alleged to have been committed by an employee of the appropriate Government under this Chapter, except with the previous sanction of the appropriate Government or a complaint is filed by an officer authorised by it in this behalf.
By oreler aDelia the illUDe of the LieutelUUlt Govemol', Andaman & Nicobar Islands.
ee.t- Director (Social Welfare) A&N Administration F. No. 8-17/DSW-2016/dated 8.8.2019 \ c THE ANDAMAN AND NICOBAR EXTRAORDINARY "'AZETIE, AUGUST 8,2019 19 FORM-I (Persons with Disabilities Employer's Return) [See rule 13 (1)] Six monthly return to be submitted to the Special Employment Exchange for the half year ended .
Name and Address of the Employer .
Whether -Head Office .
Branch Office .
Nature of business/principal activity: .
1. Employment
(a) Total number of persons including working proprietors/ partners/ commissron agents/contingent paid and contractual workers, on the pay rolls of the Government establishment excluding part-time workers and apprentices. (The figures should include every person whose wage or salary is paid by the Government establishment).
On the last working day of the previous half year Blindness Deaf Locomotive disability Autism, Multiple and and including cerebral palsy, intellectual disabilities low vision hard of hearing leprosy cured, dwarfism, disability, specific from amongst acid attack victims and learning disability persons with muscular dystrophy and mental illness disabilities under columns
(1) to (4) including deafblindness ( 1) (2) (3) (4) (5) On the last working day of the half year under report Blindness Deaf Locomotive Autism, intellectual Multiple disabilities and and disability including disability, specific from amongst low vision hard of hearing cerebral palsy, learning disability persons with leprosy cured, and mental illness disabilities under dwarfism, acid columns (1) to (4) attack victims and including deafmuscular blindness dystrophy
(1) (2) (3) (4) (5) ..
(b) Please indicate the main reas~ns for any increase or decrease in employment 1 e increase or decrease is more than 5% dunng the half year.
ail' .' m wage per month 2. Vacancies> Vacancies carrying total emoluments as per prev mg mimmu and of over six months duration. . . half ear and the number filled during
(a) Number of vacancies occurred and n.otlfie~d dunng ~~~ disa~li and women with disabili .
the half ear Se arate fi res rna be ven or men Wl Number of vacancies which come within the purview of the Act.
Occurred Notified Filled Source (Describe the source from which filled) G al Employment Exchange Local/Special Employment Exchange ener . th half year under report vide 2(a) r: t notifym' g all vacancies occurred during e . (b)Reasons lor no ..................................................
20 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019
3. Manpower Shortages Vacancies/posts unfilled because of shortage of suitable applicants.
Name of the occupation Number of unfilled vacancies/posts disability wise or Designation essential qualification essential experience experience of the posts not necessary 1 2 3 4 Please list any other occupations for which this Government establishment had recently any difficulty in obtaining suitable applicants.
Signature of employer Dated . 0.
r I ., THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETIE, AUGUST 8,2019 21 To The Employment Exchange Nctc.- This return relates to half yearly ending 311t March/30th September and shall be rendered t the local Special Employment Exchange within thirty days after the end of the half year ccncerned.
Form -II (Persons with Disabilities Employer's Return) [See rule 13 (1)) Occupational return to be submitted to the local Special Employment Exchange once in two years.
Name and Address of the Employer .
Nature of business. _ (describe what the Government establishment makes or does as its principal activity)
1. Total number of persons on the pay rolls of the Government establishment on (Specify date) (This figure should include every person whose wage or salary is paid by the Government establishment)(Separate figures for men with disability and women with disability may be given).
2. Occupational classification of all em
3.
4.
5.
6.
7.
8. employees as given in item -1 above.
(please give below the number of employees in each occupation separately) Occupation Use exact terms Number of Employees Men with disability Women with Total disability Such as Engineer (Mechanical) ;
Teacher (domestic / science);
Officer on duty (actuary);
Assistant Director (Metallurgist);
Scientific Assistant (chemist); Research Officer (economist);
Instructor (carpenter);
Please give as far as possible approximate number of vacancies in each occupation you are likely to fill during the next calendar year due to retirement.
Supervisor(tailor) ;
Fitter(internal Combustion engine);
Inspector Sanitary); Superintendent Office; apprentice Electrician) .
Total Dated ······ Signature of employer 22 THE ANDAMAN AND NICOBAR EXTRAORDI~ARY GAZETTE, AUGUST 8,2019 To The Employment Exchange (please fill in here the address of your local Special Employment Exchange) Note: Total of column 5 under item 2 should correspond to the figure given against item-L FORM-III (Persons with Disabilities Employer's Return) [See rule 14) Name and Address of the Employer .
Whether - Head Office .
Branch Office .
Nature of business/principal activity: .
Total number of persons on the pay rolls of the Government establishment (This figure should include every person whose wage or salary is paid by the Government establishment).
Total number of persons with disabilities (disability-wise) on the payroll of the Government establishment(This figure should include every person with disability whose wage or salary IS paid by the Government establishment).
(a) Occupational qualification of all employees (Please give below the number of employees in each occupation separately.
Occupation Number of Employees Use exact terms Men with Women with Total disabilities disabilities Such as Engineer (Mechanical) ;
Teacher (domestic / science);
Officer on duty (actuary);
Assistant Director (Metallurgist) ;
Scientific Assistant (chemist); Research Officer (economist);
Instructor (carpenter);
Please give as far as possible approximate number of vacancies in each occupation you are likely to fJ.11 during the next calendar year due to retirement.
Total
(b) Please indicate the main reasons for any increase or decrease in employment if the increase or decrease is more than 5% during the halfyear .
2. Vacancies: Vacancies carrying total emoluments as per prevailing minimum wage per month and of over six months duration.
(a) Number of vacancies occurred and notified during the half year and the number filled during the half year.
Number of vacancies which come within the purview of the Act I Notified Local Special Employment Exchange 2 Filled 3 4 Sources (Describe the source form which filled 5 Occurred General employment Total
(b) Reasons for not notifying all vacancies occurred during the half year under report vide (a) 2 above.
~ THE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8,2019 23
3. Manpower shortages ~ancies/posts unfilled because of shortage of suitable applicantions Name of the occupation or Number of unfiled vacancies/posts Designation of the posts ----------------------------------------------------------- Essential Essential Experience Not necessary qualification experience
1. 2. 3. 4.
Please list any other occupations for which this Government establishment had recently any difficulty in obtaining suitable applicants.
Signature of employer Dated ....
24 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019 FORM- IV Application for Obtaining Certificate of Disability by Persons with Disabilities [See rule 17(1))
(1) Name: ___:_ (Surname) (First Name) (Middle Name)
(2) Father's Name: Mother's Name: _
(3) Date of Birth : ,/ / _ (Date) (Month) (Year)
(4) Age at the time of application: years
(5) Sex: Male/Female/Transgender _
(6) Address:
(a) Permanent address - (b) Current Address (i.e. for communication)
(c) Period since when residing at current address _
(7) Educational Status (please tick as applicable)
(i) Post Graduate
(ii) Graduate
(iii) Diploma
(iv) Higher Secondary
(v) High School
(vi) Middle
(vii) Primary
(viii) Non-literate
(8) Occupation _
(9) Identification marks (i) (ii) _
(10) Nature of disability :
(11) Period since when disabled: From Birth/ /since year _
(12) (i) Did you ever apply for issue of a certificate of disability in the past _ yes/no
(ii) If yes, details:
(a) Authority to whom and district in which applied
(b) Result of application _
(13) . Have you ever been issued a certificate of disability in the past? If yes, please enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my knowledge and belief, and no material information has been concealed or misstated. I further state that if any inaccuracy is detected in the application, I shall be liable to forfeiture of any benefits derived and other action as per law.
(signature or left thumb impression of person with disability, or of his/her legal guardian in case of persons with intellectual disability, autism, cerebral palsy and multiple disabilities, etc) Date:
Place:
THE AN DAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019 25 Enclosures:
1. Proof of residence (Please tick as applicable).
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook,
(e) PAN card,
(1) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any gazetted officer, or the concerned Patwari or Head Master of a Government school,
(i) in case of an inmate of a residential institution for persons with disabilities, destitute, mentally ill, and other disability, a certificate of residence from head of such institution.
2. Two recent passport size photographs (For office use only) Date:
Place: Signature of issuing authority Stamp 26 THE ANDAMAN .AND NICOBAR EXTRAORDINARY GAZE'M'E, AUGUST 8, 2019 Fonn-V . Certificate of Disability • (In cases of amputation or complete permanent paralysis of limbs or dwarfism and in case of .. .. blindness) [See rule 18(1)l (Name and Address of the Medical Auth~rity issuing the Certificate) .
Certificate No. Date:
This is to certify that I have carefully examined Shri/Smt./Kum.
__________ son/wife/daughter of Shri Date 01 Birth (DD/MM/YY) Age __ years, male/female registration No.
_____ permanent resident of House No. Ward/Village/Street _______ Post Office District State , whose photograph is aftixed above, and am satisfied that:
(A) he/she is a case of:
• locomotor disability • dwarfism • blindness (Please tick as applicable) Recent passport size attested photograph (Showing face only) of the person with disability.
(B) the diagnosis in his/her case is _ (A) he/she has % (in figure) percent (in words) permanent locomotor disability/dwarfism/blindness in relation to his/her __ (part of body) as per guidelines ( number and date of issue of the guidelines to be specified).
2. The applicant has submitted the following document as proof of residence:- Nature of Document Date of Issue Details of authority issuing certificate (Signature and Seal of Authorised Signatory of notified Medical Authority) I".'.
Signature / thumb impression of the person. in whose favour certificate of disability is issued -;
TH£ ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019 27 Form - VI Certificate of Disability (In cases of multiple disabilities) [See rule 18(1)) (Name and Address of the Medical Authority issuing the Certificate) Recent passport size attested photograph (Showing face only) of the person with disability.
Certificate No.
This Date:
that we have carefully examined Shri/Smt./Kum.
______________ son/wife/daughter of Shri _____________ Date of Birth (DD/MM/YV) Age __ years, is to certify male/female _ Registration No. permanent resident of House No.
Ward/Village/Street Post Office District State _ whose photograph is affixed above, and am satisfied that:
(A) he/she is a case of Multiple Disability. His/her extent of permanent physical impairment/disability has been evaluated as per guidelines ( number and date of issue of the guidelines to be specified) for the disabilities ticked below, and is shown against the relevant disability in the table below:
S.No Disability Affected part Diagnosis Permanent physical of body impairment/ mental disability (in %)
1. Locomotor disability k~
2. Muscular Dystrophy
3. Leprosy cured
4. Dwarfism
5. Cerebral Palsy
6. Acid attack Victim
7. Low vision #
8. Blindness #
9. Deaf £
10. Hard of Hearing £
11. Speech and Language disability
12. Intellectual Disability
13. Specific Learning Disability
14. Autism Spectrum Disorder
15. Mental illness
16. Chronic Neurological Conditions
17. Multiple sclerosis
18. Parkinson's disease
19. Haernophilia
20. Thalassemia
21. Sickle Cell disease 28 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8, 2019 (B) In the light of the above, his/her over all permanent physical impairment as per guidelines ( number and date of issue of the guidelines to be specified), is as follows: - In figures : - ------------------ percent In wollis :- --------------------------------------------------------------------------- pe~ent _1 I
2. This condition is progressive/non-progressive/likely to improve/not likely to improve.
3. Reassessment of disability is :
(i) not necessary, or
(ii) is recommended/after years................ months, and therefore this certificate shall be valid till ----- (DO) (MM) (YY) @ e.g. Left/right/both arms/legs # e.g. Single eye £ e.g. Left/Right/both ears
4.The applicant has submitted the following document as proof of residence:- ature of document Date of issue Details of authority issuing certificate
5. Signature and seal of the Medical Authority.
Name and Seal of Member Name and Seal of Member Name and Seal of the Chairperson Signature/thumb impression of the person in whose favour certificate of disability is issued.
THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, AUGUST 8,2019 29 Form - VII Certificate of Disability (In cases other than those mentioned in Forms V and VI) (Name and Address of the Medical Authority issuing the Certificate) (See rule 18(1)) Recent passport size attested photograph (Showing face only) of the person with disability Certificate No. Date:
This is to certify that I have carefully examined Shri/Smt/Kum,_______________ son/wife/daughter of ' Date of Birth (DD/MM/yy) Ag.; __ years, male/female Registration No. permanent resident of House No. Ward/Village/Street Post Office District ______ State , whose photograph is affixed above, and am satisfied that he/she is a case of disability. His/her extent of percentage physical impairment/disability has been evaluated as per guidelines ( number and date of issue of the guidelines to be specified) and is shown against the relevant disability in the table below.- Shri S.No Disability Affected Diagnosis Permanent physical part of impairment/ mental body disabiliJyjin o/~
1. Locomotor disability @
2. Muscular Dystrophy
3. Leprosy cured
4. Cere bral Palsy
5. Acid attack Victim
6. Low vision #
7. Deaf €
8. Hard of Hearing €
9. Speech and Language disability
10. Intellectual Disability
11. Specific Learning Disability
12. Autism Spectrum Disorder
13. Mental illness
14. Chronic Neurological Conditions
15. Multiple sclerosis
16. Parkinson's disease
17. IIaemophilia
18. Thalassemia
19. Sickle Cell disease (Please strike out the disabilities which are not applicable)
2. The above condition is progressive/non-progressive/likely to improve/not likely to improve.
3. Reassessment of disability is:
(i) not necessary, or
(ii) is recommended/ after years months, and therefore this certificate shall be valid till (DD/MM/YY) _ @ - ego Left/Right/both arms/legs # - ego Single eye/both eyes € - ego Left/Right/both ears 30 THE ANDAMAN AND NICOBAR EXTRAORD. ARY GAZE'ITE, AUGUST 8,2019
4. The applicant has submitted the following document as' proof of residence» Countersigne 1 {Countersignature and seal of the Chief Medical Officer/Medical Superintendent/ Head of Government Hospital, in case the Certificate is issued by a medical authority who is not a Government servant [wn.n seal)} 1 i I I I 1 Nature of document Date of issue Details of authority issuing certificate (Authorised Signatory of notified Medical Authority) (Name and Seal) Signature/thumb impression of the person in whose favour certificate of disability is issued Note.- In case this certificate is issued by a medical authority who is not a Government servant, it shall be valid only if countersigned by the Chief Medical Officer of the District THE AN DAMAN AND NICOBAR EXTRAORDINARV GAZETTE, AUGUST 8,2019 31 FORM - VIII [Intimation of rejection of Application for Certificate of Disability] [See rule 18 (4)) No. _ Dated :
To, (Name and address of applicant for Certificate of Disability) Sub: Rejection of Application for Certificate of Disability Sir/ Madam, Please refer to your application dated __ for issue of a Certificate of Disability for the following disability:
2. Pursuant to the above application, you have been examined by the undersigned/ Medical Authority on , and I regret to inform that, for the reasons mentioned below, .t is not possible to issue a Certificate of Disability in your favour:
(i)
(ti)
(iii)
3. In case you are aggrieved by the rejection of your application, you may represent to , requesting for review of this decision.
Yours faithfully.
(Authorised Signatory of the notified Medical Authority) (Name and Seal) MGPPB- 147/Gazette/2019- 115 Copies. (ES-HCL-XII)