(i) abusing or neglecting a person with disability; or
(ii) misappropriating the property of the person with disability.
(2) The designated authority shall appoint a team of investigators consisting of one representative of the parent organization, one representative of the association for the disabled and one Government officer associated with disability not below the rank of Deputy Director, Social Justice and Empowerment Department or District Social Welfare Officer.
(3) This team shall inquire into the complaint against the limited guardian of the person with disability. The following acts of omissions or commission shall constitute abuse or neglect on the part of the limited guardian, namely:-
(a) solitary confinement of a person with disability in a closed place or a room for any period of time;
(b) chaining or restricting movement of the person with disability so as to cause injury and in a way that has not been recommended in writing by a duly certified medical authority;
(c) beating or treating a person with disability resulting in bruises, skin or tissue damage;
(d) sexual abuse;
(e) deprivation of physical needs such as food, water and clothing, fresh air, clean clothes and bed linen, adequate infrastructure such as fans, coolers, air conditioners, heaters (with precaution against harm), clean toilets with disabled friendly fixtures like bars etc.;
(f) lack of provision of recreation, skill development and rehabilitation programmes as specified by experts in the field of disability training and made known to the guardian by the designated authority or by any notified Government authority;
(g) Misappropriation or misuse of the property of the person with disabilities.
(h) lack of facilities and of trained staff and personnel for meeting the health, education and development needs of the person with disability. The team of investigators shall submit their report within ten days of receipt of the matter.
(4) On receiving the report of the investigating team, the designated authority shall take its decision within a further period of ten days from the date of receipt of the report of the investigating team on whether to remove the limited guardian or not. The designated authority shall give a hearing to the limited guardian and record the statement of the limited guardian and its decision in writing.
(5) A person may be considered to be appointed as limited guardian only if he is eighteen years old or above and such person should not have been charged with any offence under the Indian Penal Code, 1860 (Central Act 45 of 1860).
(6) It shall be the duty of a person made limited guardian to consult the person with disability while taking decisions on his behalf, unless such person is medically certified as being unable to participate in such decision-making.
(7) It shall be legally binding on a person appointed as limited guardian to keep the interest and well-being of the person with disability foremost while taking legally binding decisions on his behalf.
HARYANA GOVT. GAZ. (EXTRA.), FEB. 28, 2019 (PHGN. 9, 1940 SAKA) 1011
(8) The limited guardian, shall submit an affidavit to the effect that he shall keep the well-being of the person with disability foremost while taking legally binding decisions and that he shall be liable for any legally binding decision or any act or decision on the part of the limited guardian that may cause any disadvantage or harm of any kind-physical, financial or emotional or other-to the person with disability.
7. (1) The Deputy Commissioner shall be the competent authority for registration of institutions for persons with disabilities and shall dispose of the application received in this regard within a period of sixty days either by issuing a certificate of registration or refusing the same.
(2) Any entity desirous of establishing and running an institution for the care of persons with disability shall make an application to the Deputy Commissioner in such Form, as may be specified by the State Government from time to time. No fees shall be payable by the applicant along with the application for such registration.
(3) The following documents shall be enclosed along with the application, namely:-
(a) proof of at least three years’ experience of work done by the applicant in the field of disability in Haryana out of which one year’s work should be within the district where the application has been received;
(b) audited statement of accounts of the institution of the last three years;
(c) number, category and qualification of employees engaged for running the institution;
(d) affidavit regarding no criminal case having been filed against the applicant;
(e) proof of registration of the institution under the Societies Registration Act, 1860 (Central Act 21 of 1860) or the Indian Trust Act, 1882 (Central Act 2 of 1882) or the Companies Act, 2013 (Central Act 18 of 2013);
(f) objective of setting up the institution in brief with an affidavit that correctly describe the bye-laws and does not hide any fact or objective mentioned in the bye-laws and does not contradict any fact or objective mentioned therein;
(g) proof of registration with the Rehabilitation Council of India compulsorily and with the National Trust;
(h) the quantitative impact of the activities performed by the institution on the lives of disabled persons;
(i) the best practices for the betterment of persons with disability-in education, health and recreation-initiated or adopted by the institution for the betterment of persons with disability;
(j) norms and criteria followed for infrastructure and ability to take up useful education and health practices, prescribed by the National Trust, the Rehabilitation Council.
(4) The competent authority shall issue a certificate of registration, which shall be valid for a period of three years from the date of issue.
Certificate of registration.
section 51 (1).
8. (1) Any person aggrieved by the order of the competent authority refusing to grant a certificate of registration or revoking a certificate of registration may file an appeal to the appellate authority within thirty days from the date of order.
Appeal.
section 53 (1).
9. (1) An application for renewal of certificate of registration shall be disposed of by the competent authority within sixty days.
(2) A certificate of registration may be renewed for a period of three years from the date of the expiry of the registration certificate originally issued and the parameters which apply at the time of registration shall also apply for renewal of certificate. The competent authority on receiving an application for renewal of certificate registration shall dispose of the application received in this regard within a period of sixty days either issuing a certificate or refusing the same.
Renewal of certificate of registration.
1012 HARYANA GOVT. GAZ. (EXTRA.), FEB. 28, 2019 (PHGN. 9, 1940 SAKA) Appeal against order of certifying authority.
section 59 (1),
(2).
10. (1) An appeal against the decision of the Medical Board of the district regarding certification of disability shall lie before another Medical Board constituted by the Director General, Health Services, either in the same district or in a neighbouring district, within thirty days of the receipt of a copy of the decision of the Medical Board by the applicant.
(2) On receipt of appeal the applicant shall be given an opportunity of hearing and the case shall be decided within thirty days from the date of receipt of the appeal.
Allowance to be paid to nominated members of State Advisory Board.
section 67 (6).
11. (1) The non-official members of the State Advisory Board not residing in Panchkula or Chandigarh shall be paid an allowance of Rs.1000/- (one thousand rupees only) per day for each day of the meeting of the Board.
(2) The non-official members of the State Advisory Board residing outside Panchkula shall be paid daily and travelling allowance for each day of the meeting of the Board at the rates admissible to a Group A officer of the State Government.
Meetings of State Advisory Board.
section 70.
12. (1) The State Advisory Board shall meet at least once in six months.
(2) The meetings of the Board shall ordinarily be held on such date and such place as may be fixed by the Chairperson.
(3) The Chairperson of the Board shall, upon the written request of not less than five members of the Board, call a special meeting of the Board. Notwithstanding anything, when any matter is of an urgent nature, it shall be incumbent on the Member-Secretary of the Board, after having taken the approval of the Chairperson, to convene a meeting of the Board whenever there is an urgent matter to be discussed and action on the part of the Board may be required. Such meeting may be called through electronic mail or telephonic message.
(4) Notice of every meeting shall be issued by the Member-Secretary to each member of the State Advisory Board at least fifteen days before the date of the meeting. The notice shall specify the place, date, time of the meeting and shall contain the statement of the business to be transacted at such meeting.
(5) Notice of a meeting may be delivered by special messenger or by registered post to the residence and/or official addresses of the members. Such notice may also be sent by – email.
(6) The agenda of the meeting shall be prepared after allowing each member a week’s time to include their matters of concern in the agenda. A matter that is not included in the agenda shall be discussed only with the Chairperson’s permission.
(7) Where a meeting of the Board is adjourned from day to day, notice of such adjourned meeting shall be given to the members of the Board available at the place where the meeting was to be held. The rest of the members shall be informed through electronic mail or telephone message.
(8) The Chairperson of the Board shall preside over every meeting of the Board and in his absence, the Vice-Chairperson of the Board shall preside over the meeting.
(9) The quorum for meeting of the Board shall be as follows:-
(a) one-third of the total members of the Board shall form the quorum for a meeting of the Board;
(b) if the quorum is present at the beginning of the meeting and some members leave the meeting after it has begun, this shall be recorded in the minutes of the meeting and it shall be the discretion of the Chairperson of the Board whether to continue to hold the meeting or to adjourn it to a different time on the same date or to any other date;
(c) No quorum shall be necessary for an adjourned meeting of the Board.
(10) The Member-Secretary shall record the minutes of the meetings of the Board.
(11) Matters considered during meetings of the Board shall be decided by a majority of the members of the Board present and voting. In the event of equality of votes, the Chairperson of the Board or the Vice-Chairperson of the Board, as the case may be shall have a casting vote. The Member-Secretary shall not vote at meetings of the Board and shall not have a casting vote.
HARYANA GOVT. GAZ. (EXTRA.), FEB. 28, 2019 (PHGN. 9, 1940 SAKA) 1013
(12) No proceeding of the Board shall be invalid by reasons of any vacancy or any defect in the constitution of the Board. However, it shall be the responsibility of the Chairperson and the Member-Secretary to identify such defects, at meetings of the Board and act to remedy these.