3a asgaqee www.govtpressmp.nic.in 8 oft seq cis fear or gam &. Hi 52] wae, Tear, feats 25 srpradl 2018—Ta 5, Wa 1939 artiste are wa Fares eer fest Tare, Aces Waa, Ae ae, forte 25 sat 2018 wah Wh-3-38-2017-sela-2.feains = afre afer, 2016 (HA 49 GY 2016) at UAT 101 SRI Wed Vara at wart A cmd ee, ws wa, was, Peafated faa sat ¢, fora sat afafras at art 101 al soem (1) ert sen staf few me syER Teages tema wT fet AF ua varied far at yar 2, ae — fray
1. faa am, fer sik ween—(1) = feet of dfara ama aes fea after fram, 2017 @.
(2) Sat fara eget FeageeT A STM.
(3) & aeages wes A gah aif wearer wt aha @ wae eit.
2. Ufterend.— (1) = frat 4, wa ae fe det 8 sre sift 4 a —
(me) ‘“‘afattaa’’ @ afta 2, feoarsm sifiten sift, 2016 (Him 49 FA 2016); 103 104 Tepes terra, feat 25 saat 2018
(2)
(1)
(a) “dane fear’ 8 afwoa 8, area wits a sre after feeatren are wg aad, . @7) “infer wam—ua"” S ate &, afefrar a ar st é oes wer wert ant ont fear za PORTER WAT TA; (@) “organ” O afta 2, aif a an 57 & sri Warfacrat wrfereerel; .
(s) “Preset warmr—os” B afta 8, afer sl ar 57 feearray War; (@) meu’ Safdar 8, ga Peat rer ders THT,
(3) “sitar 8 afta &, meaner worry ¥ werd oer; @) corr’ @ afta 8, afar Bt ener A “aal cen afreafardi” &, ot gat Pant F gat Eye forg oi ufenfta vet fey Ty s @ al sel et ot afehiaa 4 oe vad fey waqeftrea fou ay SI . wey freaira wx sade eg alAf— WRI UTS, “UST aia we ages Bg ve alata” alsa auf | aft, Aeafase afer 8 faa ov, sett —
(qm) er URE are afese fas, sity = seat an fafec aq @ aa 4 arf cord arg ufaftecdt cafe (@t) agen, fafescer. fier AGRI
(4) aga, oe varea ud oRax Se TET far) ager /warere snydien, srentet cet SST | sort fa : : 4 ‘| A qemgeg asa, feos 25 saat 2018 104 (1) | (2)
(3)
(4)
(6)
(6)
(qa) organ, Heer vad are fara Hoary eR
(oe) ows atta dies a teftre cenit qa ® dm ofa ot afer ot age ¥ fatite fanaa & via we 4 a ford or at fais aed & aeg sa Uma U oa We ae Dre ert | | (ara) WoT WOR ane arate et ferret Ueea @re) aye, wahie =e ww ARO = ASE a |
(1) 9 ayer dam, unite wa ww PRG BRIT - | ae afer sea, feet fasa—feissr at afafa ar doa 4 fasty safe @ wo a ania oe wT | afte wart a vera sae GEERT a a ANS a ator da af at arena & ferry ef, fog de ye sik ara @ fay aramid fog or wet | fart tow & ferg wat Ga mews & HAS wa sey Tae a ert | aR aaa wees otk fasts are wees WH ara ta Ud Che ae wearers SAR FF ero Tee we Ah irate ol oryera = | Isr UG, Ua st Rese ake amr wfart sueer ae wat | - Rrartrot aeiare or ase set Shr ad Reina Pret orqetara ar fa sel eer ara areas oT sad wie we ate a ae wa Tel TSA at | 104 (2) Fee ws, ais 25 saret 2018 Rroxrart BY Galea, fer yd seer cer sear SWRA
(1)
(2) af wae Wt faire gacer, far ak am 4 tifsa WaT ora 2 a) Ue GER Ma /seMos eral | AeA @ od war, Gata at Geen vert Heit agar & aaa feearroal @ war wd yen wo fay wea wa fara Ett | freatrort ot ore versa vd Sif aeerpa4r—
(1)
(2)
(4) WW Renter at cRax & wer ad ved &, afe vaer fafa wea Bl saapar & a weraee, fore fafle were» aftrart B rer & fair wera Srerer Hae | a 8 wear oe 2g Ula Terma vert we & fey wary —oyiftraret ahr wer mitert ae yeaa aka fe fart vit orp aren uy Pofa at a onrael &, ter GT sraeaanat FI wae wT A a sider ot aM GS ara dia Weed Tat wet @ fay cat Gag PAT : ig eh Sifter eeroe vert wer Ss ot eat ers Sw Ff ea oe S fay, werd afea at weafa HT ora a wet | wera, ERT Vif weerwar at sah siazanarger Patka at oret | | _afger fear & aret A, vita cere are afeat ef eri | oof (1) & aris Paar Ua ter, erg onary aT fois aad gd eh are A aro a oer Se | orp ate ux fora rear facta feat afer & fea 4 er Reger usta, feats 25 Want 2018 104 (3)
7. wale wrresna— Wy tar, array den ar saa A ara aTPrHHed ta oe dg asa afart vatite wef)
3. fear & fer wafea Ren |
(1) UR wer we Yaar eet fat a fain free a mea /saraares Arar Prem wensit 4 gee oa g daa a fear ore) afe tea we oat & a wy Wer dara Perr Gen ot Wea Ward we wHfl| ser Wert gaat ae od fay, wee wor wafer Pea aR ae foro Ret atanal sr wired ae waht) Pegen vd ster fret ar sitar af, 2009 HT aT 18S WAM eg feaanr geal or wafea Ren suet eag oe)
(2) feren Pen aftreert ae a gad eer fe wele Aro mea /aereare Beer den ar vat feet freniat fae rer at) US feet Ret een or Ast Ver wa ara z fe ae fren fren & fore yea set ora ore S at fore gar wa an ea TAM S fae we aie aie waa VT 4 am wed + eh w for Ren ator va wen a ARIST VAT HRA H FAT WEI UHR ot SWAN PLAT |
(3) ait Perr deny fart frenilat & Perr & fore wafaa ean 4 oie Rema wt sree yARad Pet |
9. WAM aaa Af @ ware a Var
(4) wee wes, fear & fey wa sree St Aa ar WEI GAT | 2) wre ee wig me was aaa Ae afr 8 aot | aaage uw vaftfa we) afe daase adi @ ca ae TAS oR 4 aeageg WI Ue va we GAT | 104 (4) Teages usa, fetes 25 wrath 2018
(3)
(4)
(1) oa ota a see afte otal ae wade wre ik Brats wreay Ht wa ager fe AF ara gal © wWe—aey frafaRaa sade wt staffs ehh aeite:— )
(7) (s.) fairer a wre wIg a are |faawy ai wefeeng at se wires A oo Heceat or ar wy O fidet He FT UR HE Us, | wrt F fart & ferg cea ay wafed gal at eh; Ait ut @ fe Rano ¢ a ot ah, sara @ aided 4 altars ef ore cent sry grag A uftatea ent; ferg ay STE; | Ager fey we fat a tera & fay RIA ET was ares a Agha a et at wefaenal Ht cra pe da O om odenal act Pot wos 4 war aaa sf 4 Raa By WAT St GY are Yfaerd sie wafaerd orafee eth, af ae wna a ou adel or vad wo SG ded oe A art et Us|
10. WHOA ERI afer @ varera ot Vfa— yee wea, ee alk dive ufaat 4 afer ar veer, for werex B wo a a wager a ca mT fot ay gciagiat geo 4 or feet at ger a faftaa gaa uftafea 2, ae ae Greer OT Asie are & ahrared a alk WS ay axada, GT
11. nee Usaa, feat 25 sat 2018 104 (5) ea frat & vatorl & fey oaanrft et wad a!
(2) aiftrerat i Preifarftan PRrcaT afafete eh, ater —
(a) Praifira Perera at den ae stat frafed | at artre:
(aq) am, fert vd WaT; (rT) feearray GT WHT:
(a) te fear gx foe or we ort ot vele; atte
(3) tw fairs a siete ag ur et Efaensit & a |
(3) wets woo ar fey or ue gq foal @ ania we ay aftcral et Perr & fag afer & arta meat a saa ae cer ht Yaa we Sef, ot we aA 3S part & fay sofea et fe er wast or aqme far oT Yel & I ae ?
(4) vee wor, wit afta ert gen oti fer ay afteret Bl UT Hey | | Sean WIT Eri Gare } voreex S vere wt Aa G4) wee went wre, woufia affernl o Yo 8 aa afrart at “Breer Part aren’ & wo a frye wets: wey wel fet worofia sftrort er faq eer Syd 7 Bl REN wes aes sitar at “Rrra Prarncr after’ Frayed pet | | @) Rraraat Parr affent ga water & fey Revd oye wirex alk faféte wa S su wat & fay aie ot eT ae wet Presa forex B va yor ys ue yfafte PT | 104 (6) aeqges wera, fests 25 sett 2018
(3) freer fare afrert, efor A Prefered faterfteat sfeakaa a, seid (#) (@)
(7)
(a)
(s)
(a) Rreprad dof Het GT TRG, rawadHat Br AM; Rrerad HT ara He We afd Hr AM; CAT BT WIM; wera sera aifed ar aa frase fiw Rrersd aot or WE &; Prerad oT AR: arg afeRod siateri, aeade wee, afe ais zr: frorat Frat after err Rrra Reet aRTG; facia & fare afea fore eRe ufAfa gra ata & Rrermer & ait ; sik | | Bl AY UTAH |
12. Worm Bg sneey— () vee wert enor a anor & Fawr eg 6 war greeny wea | ate PT wet a fore Ke :— () (@)
(7) s) gftcatta six wargfte; ae ak wa YM Ae; aramicr fedfafereét fered aftafert & Geact oree, ferent; air arte sari: ws () 8 (8) & dea wafecal ot agfaeerra | yee uaa, fea 25 atatt 2018 104 (7)
(2) Us GE St War yee ft sa War A savas anag ee & fry wre feat oe feeqa ages aR Pert
13. Riaaal ar wor .
(1)
(3)
(4) 6) Rea a wrt p waters & fer, Reral Gt Hear Gea wT we weet wsY UHR ant dane feat S fay wT q ferar orem; BRAGA HY IR 34H Basel G ager sey fear vor PRR = (@) —-gftearftra atk magi; (@) aa sik GA YA act;
(1) atelier RAR, fi affair @ Beer ret, FSegTay;
(a) siffewn, sae femora, eftfha afin feafeaferct afk araftres Stara; ()) Gs @) 8) & oe afeaal a sefawcinanr Tain wont ena, sane fara S fry Hex we F SHI-WaT UL UN areal S spp va Raat smena Wer RT | Reaat at waa o fee fasrs aN eed waa Wee Went wrey afifrear a ar 34 G vue GB agar gan Rial ot dear wt saath He | ata BH at 34 8 wodit 3 ope Rainer & fe areeror afafsts Horizontal) er aie dare feats ae afr & feu Raat a wre ot o ey A qa wT CITE |
104. (8) qeages wera, fede 25 sat 2018
17. Rat S ue + Rrsior i sae Gene cael } Pat aq
14.
15.
16. 6) wea weR w WAT vere far, ge Wd A oazrp enag aa o fac wae fear a farqa aac we aT | Risrat ar aeet—aeeh.— erent were, aR A art 24S wea Bae RAT at qeoa_aae Saat qa GMAT VE Al at Bape ylsar oe dan ant wet oT appaer fear mer et sie oad far ar aE we & ugg HE sdaw Tiere gar ETI faarPrat ar vege fear sir.— 4) wee wert ero, erie fay Se era at Param Praaa frat wea 1 4 (degen) velo ve Ae 4 UH IR aa We a A ule at ad 4 ws ay faarftrar weg BT |
(2) faccot ay wafer creer @ dha fea F hey, oY fe ete facta af 4 31 ard aie 30 fraeae GT oega far wry}
(3) feats frat ot ule angefern fata af a weit & Gre far & hee vege far ore uy we fears faa (2017), 31 Ard, 2019 aT ward aA aa feta at Hoga we) Priza eri afters at wa od GT WeT— Ren WH wr vets Prove (igen) wes da 4A fecary eHakal & after TET | vat & feretea eg aiite— arr veres faart arr faeret afafe wr wes fear orem) aftfe aq Prafeftaa wees ehh weager usc, fete 25 sAatt 2018 104 (9)
18.
19.
20.
(we) sR Fea faa /wae uaa, —3qeaeT Sra wert faery
(a) wae afer, faa frart —aeey Gis) «wR afera, fafer aie fant art Tay faart (aR) wy utes, wre =a va Hay Pereort Hea (ara) srgad, arafore ara vd Perec wearer PRINT faoft aa A Pratoret ot vicaes (eréiea)— wey tran, Fst dal & Patol, ores oa G wa 5 via as ae Raina or Pater far 2, stcres «= Tae) A fay aqes ant Pett | | fasts terme wratea— Tae wry vad oom 4 fear B wafta Recast w Safa fe my flere ot gaat ok faaeet fasts etorme ertag a soar eam) ward vere feat ga dar A wit fear at faeqa eryeer GRY eT | | yran eg fra - GQ) arta gered Partie we anit flare, tt wd ale Pato fart ease aater a a ae usat vd sai Bt gma aan ag Peifea wadet at wer gad Be ara dea fart a aeikieaat or soar wy we el, a A frvar ett;
(6) eH
(ee) Reatard B Bre sel oe ore atari oe sam weia BeAr: 104 (10) qe Usa, fete 25 aratt 2018
21.
22. ves @ fore Bear; oft a wa gfe afeaal @ fere vist aiheT Ht Wael Bt eateh eT, | sed ao wa gfearet afecral fey ted wept } far a soit wer; | feara & aah wetet wr flntia wet; wyfet WHA ue aaa Wasa HT TAT | fafa aaat A .
(wp) adufte saat 4 to sat: (Qj) wbneet or ded oT waa SH Tre fanaa G ayaa FAT; (4a) fame A der velo sie sao Wea CMTAT;
(ar) araarea, Wee warRea deal GR ora fafeata tena alk yrata waral We PT ST AT FAT; |
(qa) -areara orate A fiero a wa at ageefed FAM | re ert vd wena — garr wd sehr fart 3 weer fear woe we, anise, fire ud gdagitte Wa 4 fara S weer ot GTA Se DH. Hag eel | FMT Pens Bt ATTA.—
(1) afifrer @ RT 51 St GT-R (1) 8 wh ey aged / tare, arf =e vd Peet Hear FRI aif afer, aerar at at so @ sicta writs a am wet wens 6 wake F vats ow fay ulead SPN BET | Teayes Taras, fee 25 Aa 2018 104 (11)
(2) @) data RARE wen ory 4 dala fret GF aga /TT Cares, wari mare ve PTT Hea Hl sada BT area & ue Prafekaa ster dors Ge ehh
(vs) «= fear S Aa FA Grd H eerrqoht anew;
(ay) Beri at wha ee aren fea, vo-fattra fara |
(fm) «fava die at of afte oftaen, die ar aiifec ufedes, fara 3 ast Fo ore afi srqar ; (aR) Wer A Petia afaal S ara waar eft area Ue SAG Ha WET we TS aaa Seat ilk ded feu or we AMey & aR F GPE,
(qa) 0 Gen & Prealfera fasivell a dem, Gam aA ae aah daattras orgard /arkar deh ETE,
(oe) amen & Parr wal wa weer g—Ac, Gey, Wasa FAY, Tease S I A TAHT | eae den frat vo-Paa (1) & seit andes fear &, Ger @ dda F Peafeftsar sragrecnat pr off eet —
(a) wef sen wea oe S ewe Ud ten dq at o afte wa @ Rain aerat 3 qrafe S aa A orl By vel &: (@@) wef den ade dhogdl virefoe aia, 1960 OT Wer A aeaay ary fet ore fa H aia versed @ ok ander G wer ta vorgiow wart oa at vie, aff a so—fafe, ak aARsH amp walters wr ofa oega a are; (Tr) wef ter fet afer a afer at & fro & ara & fery wel det vel @: 104 (12) Tages waa, fetta 25 aqekt 2018
23.
24.
(6).
(7)
(8) (@) we eer 4 Rete eat aT stom 4 se oF fas wed a gw oe & fag ude grate ufc O voretad teat a Pryat a ey, (@s) wee den a feat S fee gate fer va Gray a ara sera z;
(a) aefe ven a oor fora da ast wr aeetlaa creat afte ares feoté, wera unftrenret GT wee Be at z: dy / sa wares, ar waa ve POT Sea Careaag, andes wits & user 30 feat S ater wen s ana B aa eer ak fiega frat ufeded dar awr| aad dtr fire & wore ot are wes, ora wire aftr’) el Veit BOT | | grades wit B ue wears we sass vila sik VA $ ugar, aOR FH ant so S sade B areher vor aer TAIT BIRT PAT | et wus, a eh at ata G3 at we fey fatrra wen, fey whos wen wert wires ot oitat fu 7e oral ar fade Wea He | . tren at verter war—ua $ adie Vg, era a afta & 60 feat & ot area oe ert Refer waO-ws UN ee B POR SET see ERI wa—wa aa B gor ox warm) TH anew FW Tug a aa 4 gor we S fare oro safe et afk gen a caqae erste ere & yea fren oT | erie warr—os apt feafeen-aca.— afar at art so & aes at far war eforetiper Waray 3 ay a oroae & fae faara et) wa ce fe sa afehar wt arr 52 & aia fared a7 we fear war eT qemer waa, feat 25 sat 2018 104 (13)
25. Wan ufient m sree fase aia—
26.
27. wert WER ERT WaT—Ta sa S SHR Het aT wforegiowy Pet ae & sez 8 asa ag afta, 30 fea a wrenafl & wax WS ZR oe a wren Are oe o fase, wR wha, arate =a vd Preretort wear fart ar anita Be WaT | Warr@dt wien arr earra WarT—ws ae AT —
(4) wnem fafeenaa & wR father aftert fear Twa on ae @ fey wiradt arr et) wafra fore e qe fafeer w wea ater /fifaa wih a ater & sara wed fafecaca @ fee srem—arer wigs afer Fraat Get |
(22) We Wer o ae wreg wd Ray wea ferry se Weer H faeqa aren GI HTT | Rearra wT & fore areded—
(4) faite feared ag aftr fearra was & fag aed Sor sk areas Prafekad at vega ae (*) oe faloer wert a oy aa afafad wat . wire aden & fara @ fire 4 orate andeq @ fare & aga & wa 4 yer aftia a aqydi—wy 4 ger afta ars ure tar vara Gre HVAT |
(eq) fet uot ace 4, daftra fafecer urierert ret ses art fara G weer F qe woaR Hey Yel Sl A VAT FIM HAM zi: wey wet oe fren sae 2a dfee fara S aed 8 or feet Ot fear Qo ma & W wa wa ta aes oS F aH sad saver far srdteq sap fate atria a aff & aia verdad wa Wrst 104 (14) Heages! Tea, fea 25 saatl 2018 are frat on wd fori teat & ont saa fears a | area @ wre Prafatad axa wera fey orgy -— (#) STAR HT WG; .
(qq) @ ada traidé age & sraifes ; ak CN) AMR ARR SAAT SIN AAs HAH, US HE V1 2s. farina war—7a eT IN fear wT
(1)
(4) araes uret ey oy fafeear writer, ar ara aferyfad Terr werent arade ert a ag WAeNt a WNT Hw sik Raina or Rake eer der we or VE WTA BUMS. ura fe snate fears 2, feed wea 4 cad vat F feral VAPI—Ta UT Pea | . fafeea witrert, araea at uit ar ane G we Ae & Fray fear WAIT TART RAT | fafeea oiRreR Waray Wee a UeAe—
(a) sa mast X wrt Renna waoa ort we aet Rertrar a ara 4 waa S wer oRada wt aig SAGA Tel S; Hera
(za) wa Amel A et waa S ae fear GS ER 4 aftada #1 seraat 2, onené feerrar warr—oa oy aun ak fate F sat crea ee) afe ag snaea ee Para wart—-aa UN eA oH fae ws agi uur @ at fafcar often, araéa at oft at ana & wp we a wren & er a feftsa 4 aro a Oat Bea | ae wera, feta 25 sat 2018 104 (15)
29.
30.
31. am far war warr—wa aera: wa water @ few faery erm ale aafea, fore feat warer—aa, wet fear war &, Bear a art) ta afta teh act 3 aes, ot ara ene faite sogeT aria a ageet arr faite ar ag & ardeq OF & fay wae eum | arie— Titer o fater 8 ara ote afer za fogs & ae qe fafeca va wareg affrart at sritet ot si PX WHAT | WY UAH ss
(4) sf at ant 66 al By aT 2) Bude G aq, Wy WHER WS Ht Ted HATTA fear aT
(vm) FA, waite =a wd fer HEART Peavy (@) wea aa, wate =a vd Pree suet Pe -
(iq) aoe qe oufa/apa wfaya, wee epritte =a vd Peer peer, feren, wea fren, aor vd ate far, faa, ole wrea wi oRae wean, dagd wd ori flere, 34, sear, Worm, TR fae, «Ya venhra, wa va yar Hour, uRaen, ale frafr, aeatreet fren fart Gr) wee faa asa 6 de weer fora Weel wy O oa ay afer Way ert
(ia): weet & freafeksa vert wer eRe Way ami awafafese ert 104 (16) Tee WaT, fete 25 saa 2018 wd wean & aa a faves Ramat & gaahe vd wear H aa a ora ua wees oa fore a owfafeka «6am ofafaferca) ay fear forest faire socfer afeary eri e We UR ae aA salt FG am ofafater
(oe) srgaa/daree, uate =e wd waw—afed PST HAUT
(2) afer Bt arr 66 BH BT aT 2) S ws (@) F wy as (AS ant
(qm) fret a, Rare GOT HT Ten. } sree wR arate wa 4 aaRerd fear ore | .
(at) gia feat ar aaa ear ore Tet Raina A cae waite & aor via wees vet aR A amifa at, ot as 4 faa or cra ae cele da af S cea wali fran ararél ae arr fire) ar aaa feat oe ari vfafeea yt vel St OTT | (Gm) worted fort or ulate wet aret wera aw Grlaret a ay mT ert . (aR) weell or aaa Wafta fore S Horaer FH arya We fear BTS | Tees usta, fea 25 saat 2018 104 (17)
32.
33.
34. ween at frat ale ed —
(1) wwe Waser aS @ Geer ae ade w ate a am as a arafey m fey veer pea;
(2) wey Uo, af ge chp was ct feet amare “wees el saat vara a wats o yd, se wan freq aR aia oa ar ofa aaa CA GH Gea, eer WHA, 3) watéRra as wees, wor uer at feftea A seer ant, fort ft waa ce TIT aw WaT; .
(4) wer wereor até 4 as anepftam Rea, ae aera Wee ER nt ore sik Rie at wet H fey ashes cafes we ve oral & fay gt oe oer eer, ford fee qe waft oe aren ae foras wT wR ae ATARI ga 8, UH @ Act — 4) wer wereer a & heres weed of aRafas dow WITT | |
(2) wey wareer as & wes Weed wT, Gh Hora 4 Para ael ax WS @, ae get ws, a aRaftH few ot ta ® facta seh & arearqaferd ferry S afte ael er) Peay —
(4) tar ag afte, woo wareor ae ar wae ae eh,
(es) feaferr e a fet waa wes =a ER feaferar =rafftta fear var & a forest at sect a dere fPefta ex fear d a at ceri G ae wasn we fera @: a
(a) famafaca or et sie wert Farerery ert wer aaa ar fear war 2; aT 104 (18) Tee wera, fete 25 saat 2018
35. mC) 6)
(7) fort some @ fore fgets sera ort a a sera Tar a RSA Ose IRE aT OW A fae aera ated 8; a
(a) fet wre afffiar @ onfia feet soe & fey Rages sera & AW TA el; UT
(3) Sea we WER FH ws 4 weer H wT FA a Te at tar gecary far et fe Geer we erEHR ar ad vem OMAR & Pct uae et WI WHR BRI Sy VM or snes ad aw ael fear wen wa ae fe deta veer a vas fase oro afte oe or ofa aaa a 2 fear war SF ae wees at ga faa S aes scr Tae Wa G BT a ge aaheert or ora sel Sr | sont wy Yarar—
(1) @)
(3)
(4) UU TASH as Hi Iow WAI: Wey FATA Ww RA ara oy ef, ok fe sear ere Pat BY org | ag Ht aow veto ve ae A oH S oA Uw aR art aS a aaa, a & 10 Weel 8 ae @ fated aq w as a fas son ger wh | aré ar waee Ufa waeat oT weit sow sree a aM aT sel fey ary aa ord wT AAR Pre TE we ware as or seat saad ort 8 aon Fh waa HY TT | Teages Tega, feat 25 sett 2018 104 (19)
36. 7orgfel —
(1) fr Aa Pe of ae a wa foe wera 8 efi 2) ae fart dom & fey Pad wa a dom & CRM Ge wae tend a tes @ wa ween voted & dt aes don fort arg ta waa @ fay a arta o@ fay eifta vx wear, who fe ae rad wr
(3) aS Ht wife Faw & fore voryfet oraeae set ETA |
37. don @ wega— 4) weer ufea, tom O origa gRaor vam frei ate G wi weet OB as dear wad exe elt foreh Jon F am fea ak gat ace ar ariateal @ ait A aenkRa fey ore | 2) ae & ant wee som 4 ftoch don oF oniga wT 4 ur ween cen teh dow aw sea wet ael tren aftrert ert gfe at oni car wht ace F thoes afiert ert semen fry ore |
38. don 4 fe uM aa sriga oT dare
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39. aeqd 8 fareaa— ae a den 4 flare eg for ae wet yea coher Geel H wal H seng Ter Acar B sere we fara fy at 104 (20) Feages usta, feria 25 sat 2018 a wal B ve waa @ ae A senRefe, seme a seaar Hl aquRefa 4 corde ar eat seat si woruer ot arquRefa 4 jon H see «wet Tea wees or Aa Potee erm) AO. ae 3 ver 4 fart oh & chr alg ordaret afatara = wet erit— ae wag wt edad daa feet Rea o faa eA a as & dae Hf fart ah Ge areal 8 afafeara set ert
41. WY WHER WS S HI— () Ratt o fe Ae Beko, orks, dhl 3} | Parcs fq USI VOR Bl Tels SAT | 2) feat &g wer afer of faefta wea
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(6) Maat, ator wd eres or yea |
(7) aa org FIAT, afe arazae et
42. fear eta afafa— fret eta uefa Prafekaa @ foe ort,
(vp) dala fort G Hager SAT @) Fer eros after, fore terra Tay
(ia) fafter ols / geen fafa va warez TY arftraet
(a) ferent fear orffreor’t / fore oRatST Waa WaT (ara) wenden, Sart | Weey 104 (21)
43. Gi) flair & went 8 dag Veen deat Ba ware IEA
(a) fron fie Gas oe SuRAR = 89 ae (are) wa 2 ufaftsa Perccom forest feet aa A | WaT faferte wrefer uret HT Bt (are) Wyat/3o Ware, arrfers =a wd —wera—are FURTRIGA Pea |
(2) frat KM BA, Reet st et wet THEM a Sa well dear wad weary feat /sremarara wreat @ wrag ax way yore & fey onary Geil ok OT 7g onag a Fife vd youd Se foren eta UP H Aca—
(we) = feat a Rett wear afte dort eT aqaled SET |
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(an) Rano & wean 8 data fats aor 4 o aha feaoeal or gates ae | (aia) mea ea 4 are & aer feat wt fafa QARaat eT |
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(it) a ee ee ee PARI ST Yale BET |
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45. angen, Parana a fight & fey sear — orga, Parana 3 wy 4 figiad & fey ate cafe aie ern afe (#) sad cre Reanrart afer @ gular & war ee aM a arate apa zt;
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(71) ae OF WOR sera wea wR # sella Gar F Bt at qe We 1 waa) Agr @ Gi Wh da B dahafer HI ay eT Teges ws, fear 25 wratt 2018 104 (23)
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(3)
(ve)
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104. (24) Teqges Teg, fea 25 saat 2018
46. anged, Preto & ferg Peay — aig tar afer orgad, Perot B ye & fey wa Aet err afte de—
(6) (@)
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48. aged, Preradert Gr PeIMesas— angen, Prerrort ar yearera AoTe A SPT |
49. aigaa, Pxracaort oT Jam, Ha Yd oT gfaere—
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50. aiged, Prernorm o& Prafed at wipar—
(1) @) _() (@) © (@) Wee WER, aga, Paar H aa Vg wT andes B qe tha penta ot fore we wd wa asa wef we wadt F Peafaked weer ett, sree ea aise gre araifarr omoe yA — areaet uted seit ar ale srferepret | wy ufea, Mare vere ferry — Wey Wye wea /aee, went aw — we PUTRI PET angen / dares, are =a vg = aR afes FISTS Beary ard, Pearce & ar at vipa Pega eft (@) og, frvanom @ ve w figea dg oder ara ae ag agar /darees, ahi =a vd Farner wear fart grt fasror ot fear orem | flerrt et usta ud wee aR eS efe ware wa, fat 8 wa S HA vH ado ware ua A errr ett arfey | | (@) wre andeat @) wer WER eR, aod wd Hat m Wa Wed far ve | @) wT woER ws Hal GT aa WW aya, Arar a Ager weft cen ga aact A alg ater el eri |
(a) wa SAS BD ow oF ufpard ae eth ae ga ade 4 arg vara atqena ael fear ore | (Ss) afe wea ae organ, Perea @ ue & fey fart wf afer at wager vel ont & al aaa yfbar ga: chery STE | 104 (26) Teaes waa, fea 25 saat 2018
51. corrug atte ve @ Bea GAT .
(1) sg, Prererst ary eer & fer a ET WH WAR By gedit ae oe warT WAT
(2) ISI IER, aE, Reramo S ve @ rh aaa a a Scr UHdl & We Js —
(es) fearferar @) war et; aT @) awd Rrermd wa eh ow ats wag we ah oy, ar ®: a |
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(a) TY SIE GOR, VT WI HR vlad TAs |
52. saad, Perea a gee OM eg war We — Wy WHR, aged, Preranort a saat varafr waa ee ad va UT sed ar eg warm oir ert)
53. aged, Pacca or Ra ce — orga, Perc ow ve Raa an a an & wae afea, wf ~e ud Prac Heart WARY aged, Perec Sh |
54. aged, Paid & oratca eg etatga—
(1) area, Pee } orfar og one aha BAT HUI TT |
(2) minkde aga, Pera & wrehe Paar & seis | ert | meager waryy, fea 25 Brat 2018 104 (27)
55. ware wudu— anger, Peano at Ga wt ara wat w war F, aerar a art 79 A als ere wade sel feu me ze a raat aik ares art Pretfter ert |
56. afte fard or vega fear orr—
(1) aged, Paco grt fay av #® sa vga wey wer, of afie ufider dae een sik ued me frat sea fetta at @ cher farent a wet aie yt faaeor O77 |
(2) afte Rité 4 freferfted faral FV uele HS caer F gan sata arf, seta -— () aged, Peeters orators FY ora aifernrRar sik etaRal 6 am ok Wea wn vei TH Tel YH ATE; (@) afffrar at art 75. 3m 76 & sella ae, ai aged, Parana ert Adeq oet & fey AeA at sik sa Waer F ara aecaqel fasal or freares;
(q) ogee, Preraaort Err ot ae ayer Remi,
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57. Rate ale aftatore a Praia
(1) fasts op afar wate fase =e & fag wey eer ert Preargear frayed fey oaret —
(s) fore fearrorl & ae et foe or aaekta apa et;
(a) faae are =rarera A gered eT aa al GY AREA Ol AYN BT ; 104 (28) qeqgeg Tega, fei 25 sat 2018
58. qt) fad ore ware arr va Sfe—-Rarai aT SF BT ; afar Ht ar a5 & acta fahiféce fase cite aftratora wit ae a uRafe wer aa & weer et al aes ufpar vfear, 1973 (1974 HT 1) GS sei WY WR EN frgad ate afar wl aT ware BS TAT TERT } GAH. HK VY AIT z| weg Fer er weera—
(1)
(2)
(3) 4)
(gm) wae wie / afer, arene wars ud Feo = TRA | @) wae ules, fad, ale carez, Rien, caer fem, wees wer Geer ae flair @ Heat wd yates @ fer ve use FR or aes fea aren cen forest fread war By ore
(6) SSM, IH, BIER, oy, aad a IAT & areas S uret Sat aera ; (@) we Wer Vout we a fret wea arya At uated = ;
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(im) fret Pesracced or wars 8g walks eR feraaa } of ata /den ot amram a aT . ST VasHR srs F aif ef Rew sep) (aR) usia ara d @e ata WH er Cee (aia) ange / tare, aries mare vd PRRs wae—afeg ann }
(5) aa a som waa we we: srawrnargar ef, : Tey Wels we A HST HH YH ER sew BIT afrard 3 | © at or ag w weer wh weer ata aa dS che fafa ar amreif azéf eri} @) 0 aefifhe thos weer, WY eRe /aer send oa et cher fe WoT Wee se HT sont Fart a w few UA Hl AIT es |
(8) ar aftr aia at dees sel Bl Gear afe— (@) wats soe @ fag feaaty cee aa @ fore Wey Gor a wa 4 AffH sera aradfera é ; a
(a) Feenferen et srerar Farell era fearferar mata fora rar BT | 59, wey far or saarT—
(1) weg fa a saan Pefeer gator & fore fear VTE, serie] — (@) va eat 4 facta wera TT ase Uo OT foe qt aoa am aaa @ arta fafifde wa a eriftret Fel Bt; @@) varie vw sro aa oer fe afer ob yatort @® fee sore fear ara atid Bt ; ik 104 (30) Heages usta, fei 25 sa 2018
60.
61.
(4) @) to ae wie & fe Oe fe ae a fafiad fe iy ; ao yale wed ol vad aged & fore aft + CAT VST GTA | | afafe ta fret ak weal & wer — aed amass wraRae a Pract ae wari oh fe we Pa So war ote oat kere we F fey Ge aaa weiter eT | ag Pet or soar teh Be 4 fea mem ue fH fafa afaa aa | are we Ae a aa or va afaa velo at aad A fae Ht opps wis ake ae eat gy ude facia ae A & sits ary eet 2q ve aoe GaN wer/aeariar ae oa we fran fry aM eg Saft & wre TAT | affe Rod— wears wre wd Perea wear fart err sy afte urea vfeter a wea fae oe we searg alate fear ITT | Rees & were & A A aa sieenqar, site wre, WE aa. Rees usa, fete 25 watt 2018 104 G1 No. F-3-38-2017-XXVI— Bhopal, the 25th January 2018 in exercise of the powers conferred by Section 101 of the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016), the State Government, hereby makes the following rules which have been previously published as required by sub-section
(1) of Section 101 of the said Act in the Madhya Pradesh Gazette part dated namely:-
(1)
(2)
(3)
(1) RULES Short Title extent and commencement.- These rules may be called the Madhya Pradesh Rights of Persons with Disabilities Rules, 2017. They shall extend to the whole of Madhya Pradesh. They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette. Definitions.- In these rules, unless the context otherwise requires,-
(a) "Act means the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016);
(b) "Benchmark Disabilities" means a person with forty percent or more disability;
(c) "Certificate of Registration" means a certificate of registration issued by the competent authority under section 51 of the Act;
(d) "Commissioner" means Certifying authority under section 57 of the act;
(e) "Disability Certificate" means a certificate of disability issued by certifying authority under section 57 of the Act;
(f) "Form" means a form appended to these rules; 104 (32) Wee wass, feats 25 wad 2018
(g) "Section" means the section of the Act. Words and expressions used but not defined in these rules shall have the same meanings as assigned to them in the Act. State Committee for Research on Disability.- The State Government shall constitute a State Committee fo Research on Disability. The committee shall consist of the followin: persons, namely:-
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii) An eminent person having vast experience in the field of science, medicine and medical research to be nominated by the State Government Commissioner, Medical Education Commissioner, Public Health and Family Welfare Department . Commissioner/Director Ayurvedic Homeopathy and Unani Medicine, Commissioner, Women and Child welfare Department Three representatives of the National or Regional Registered: Organizations or educational institution representing any of the five groups of specified disabilities in the schedule to the Act who are working in the field of disability :
Provided that at least one -. representative shall be woman. Two disabled persons to be nominated by the State Government Commissioner, Social Justice and Disabled Persons Welfare. Chairperson Member Member Member Member Member Member Member, Teaues Teas, fea 25 Waal 2018 104 (33)
(2)
(3)
(4)
(5) 6)
(ix) Joint Director, Social Justice and - Member- Disabled Persons Welfare . Secretary The chairperson may invite any subject expert as a special invitee in the meeting of the committee. The terms of the nominated members shall be for a maximum period of three years from the date on which they enter upon their office, but they may be nominated for one more term. At least one half of the total members shall form the quorum for any meeting. The non-official members and.special invitee shall be entitled for such travelling allowance and daily allowance as admissible to Class-| officer of the State Government . The State Government may provide the committee clerical and other staff.
4. Person with disability not to be subject of research.- No person with disability shall be a subject of research except when the research involves physical or mental impact on his body; 5, Protection of persons with disability from abuse, violence, exploitation and disaster.-
(1)
(2) If any person with disability is found victim of abuse, violence, or exploitation, the State Government shall provide facilities of security and rehabilitation through Government / non Government institutions. - The State Government and District Disaster Management Authority shall be responsible for the protection and safety of persons with disability at the time of disaster.
6. Legal Assistance and limited guardianship to persons with disability.-
(1)
(2) Persons with disability who are not living with family and requiring support for exercising legal rights, the Collector shall provide Legal - Assistance through District Legal Aid officer. The Collector shall be the competent authority for granting limited guardianship to such persons with disability who are in need of taking decision in the cases of legal binding. 104 (34) qeagem wera, fete 25 sat 2018
(3)
(5)
(6)
(7) The competent authority shall ensure that guardianship is needed to - the persons with disabilities who are unable to take decision on legal basis. The Collector shall, sou-motu or after receiving application, take action immediately:
Provided that the consent of the person, who agree to act as a limited guardian, shall also be obtained before grant of such limited guardianship. The period for limited guardianship shall be determined by the Collector according to the need. - In case of disabled woman, the limited guardian shall be a woman. The limited guardian appointed under sub-rule (1) shall consult the person with disabilities in all matters before taking any decision of legal action in this behalf. The limited guardian shall ensure that the decision of legal action taken” on behalf of the person with disability is in the interest of the disabled person.
7. Social Awareness.- The State Government shall designate nodal officer to mobilize the community and create social awareness for persons with disabilities.
8. Inclusive education for persons with disabilities.-
(1)
(2) The State Government shall ensure that any disabled student is not debarred for taking admission in the Government /non Government recognized educational institutions. If it is found than the State Government may cancel the recognition of the concern educational institution. The State Government may authorize the district education officer for ensuring the compliance by issuing appropriate instruction. The inclusive education shall have to be provided children with disability for the purpose of Section 18 of the Nishulk Avm Bal Shiksha Ka Adhikar Adhiniyam, 2009 (No. 35 of 2009). The district education officer shall ensure that the building of every recognized Government /Non Government educational institution is barrier free for children with disability. If any building of educational institution is found non accessible for the children with disability, the district education officer shall, by giving opportunities, issue one month notice to the concern institution for making the barrier free access and if the work is not executed with the time limit, the district education aeges usa, feats 25 watt 2018 . 104 (35) officer shall recommend to the State Government for canceling the recognition of that institution.
(3) All educational institutions shall ensure the availability of adequate number of trained teachers for the education of children with 1 disability.
9. Manner of publication of equal opportunity policy.-
(1) Every establishment shall publish equal opportunity policy for persons with disabilities.
(2) The establishment shall display the framed policy preferably on its website if there is no website, then it shall be displayed at conspicuous place in the premises.
(3) The equal opportunity policy of a_ private establishment and Government establishment having twenty or more employees shall inter alia contain the following provisions, namely:-
(a) Facility and amenity to be provided to the persons with disabilities which may enable them to effectively discharge their duties in the establishment;
(b) List of posts identified suitable for persons with disabilities in the | establishment;
(c) | The manner of selection of persons with disabilities for various posts after recruitment and before promotion, training shall be given and preference shall be given in transfer, posting, special leave and in allotment of residential accommodation and other ' facilities.
(d) Provision for assistive devices, barrier free access and other provisions for persons with disabilities.
(e) Liaison officer to be appointed by establishment to look after the recruited persons with disabilities and who will check the facilities and amenities provided for such employees.
(4) The equal opportunity policy of the private establishment having less than twenty employees shall also contain facilities and amenities to be 104 (36) Hees tema, eater 25 sratt 2018 provided to the persons with disabilities to enable them to effectively discharge their duties in the establishment. - 40. Manner of maintaining records by establishment.-
(1) Every establishment shall maintain records in hard and soft copies which includes records maintained in the form of register or stored in a computer or tabs, or in any other electronic form or any written information or transcribes in ordinary or machine language and such other documents which may be useful for the purposes of these rules.
(2) The records shall contain the following particulars, namely:-
(a) | Number of persons with disabilities who are employed and date of their appointment.
(b) | The name, gender and address.
(c) Nature of disability.
(d) | The nature of work which is being performed by such person with disability, and
(e) The details of facilities which is being provided to such persons with disabilities.
(3) Every establishment shall produce for inspection the records maintained under these rules on demand to the authorities under the Act and shall supply such information which may be required for the purpose of ascertaining whether the provisions are being complied with or not.
(4) Every establishment shall verify the record as required by the - authorized person. .
41. Manner of maintenance of Register of complaints by the Government establishment.-
(1) | Every Government establishment shall appoint an officer not below the rank of Gazetted officer as grievance Redressal officer:
Provided that where it is not possible to appoint any Gazetted Officer, the Government establishment may appoint the senior most officer as Grievance Redressal Officer. yee wera, feat 25 saat 2018 104 (37)
(2) | The Grievance Redressal officer shall maintain a register of complaints and specifically maintain a soft copy for this purpose and each complaint shall be entered in a separate page of the register.
(3) |The Grievance Redressal Officer shall mention the following particulars in the register, namely:-
(a) Date of lodging complaint;
(b) Name of Complainant;
(c) Name of person enquiring the complaint;
(d) Place of incident;
(e) - The name of the establishment or person against whom the complaint has been lodged;
(f) Gist of complaint;
(g) Any additional information;
(h) Documentary evidence if any;
(i) Date of disposal of the complaint by the Grievance Redressal Officer;
(j) Details of disposal of appeal by the constituted. District level committee on disability; and
(k) Any other information.
12. Reservation for employment.-
(1) There shall be 6 percent reservation for employment to the persons with disabilities in each Government establishment. The reservation shall be 7 | for the following categories, namely :- {a) Blindness and low vision.
(b) Deaf and Hard of hearing.
(c) Locomotion disability including cerebral palsy, leprosy cured "dwarfism, acid attack victims and muscular dystrophy.
(d) autism intellectual disability, specific learning disability and | mental illness. i 104 (38) Tees Usa, feat 25 wrath 2018
(e) multiple disabilities from amongst persons under clause (a) to (d) including deaf-blindness in the post identified for each disabilities.
(2) The General Administration Department of the State Government shall issue detail instruction to all departments for taking necessary action in this respect.
13. Computation of vacancies.-
(1) For the purpose of computation of vacancies, six percent of the total number of vacancies shall be taken into account by the State Government for the persons with benchmark disabilities:
(2) The benchmark disability is as under according to the provisions of section 34 of the Act:- |
(a) _ Blindness and low vision;
(b) | Deaf and hard of hearing;
(c) Locomotors disability, including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
(d) Autism, intellectual disability, specific learning disability and mental illness.
(e) Multiple disabilities from amongst persons under clauses (a) to
(d) including deaf-blindness in the post, identified for each disabilities.
(3) Every Government establishment shall maintain a vacancy based roster for the purpose of calculation of vacancies for persons with benchmark disabilities in the cadre strength as per the instructions issued by the State Government from time to time.
(4) While issuing advertisement to fill up vacancies, every Government establishment shall indicate the number of reserved vacancies for each class of persons with benchmark disabilities in accordance with the provisions of section 34 of the Act.
(5) The reservation for persons with disabilities shall be horizontal in accordance with the provisions of section 34 of the Act and the vacancies for persons with benchmark disabilities shall be maintained as a separate class. FEAST UT, fenias 25 Waal 2018 104 (39)
(6) The General Administration Department of the State Government : shall issue detail instruction to all departments for taking necessary action in this respect.
14. Interchange of vacancies.- The Government establishment shall interchange vacancies in accordance with the provisions of section 34 of the Act only if due to recruitment by publishing the advertisement to fill up the vacancies reserved for persons with benchmark disabilities has been complied with and after following the recruitment process no proper applicant is available.
15. Submission of Returns.-
(1) Every Government establishment shall furnish to the local special employment exchange returns in Form-| (Persons with Disabilities Employer's Retum) once in every six months and in Form-ll once in every two years.
(2) The Return shall be furnished within thirty days of the respective date which is 31st March and 30th September of every financial year.
(3) The two yearly return shall be furnished within thirty days of the closing of every alternative financial year: |
Provided that the first two yearly return shall be furnished for the financial year 2017 closing on 31st March 2019.
46. Form in which record to be kept by an employer.- Every employer of Government establishment shall maintain the record of employees with disabilities in Form (PDER)-III. .
17. Committee for identification of posts.- An expert committee to identify the posts for persons with disabilities ‘and to solve relevant complaint shall be constituted by the General Administration Department. The committee shall consist of the following persons, namely:-
(i) Additional Chief Secretary/Principal - Chairperson Secretary, General Administration “| Department
(ii) Principal Secretary, Finance Department - Member
(iii) Principal Secretary, Law and Legislative - Member Affairs Department 104 (40) qearges uss, fexte 25 sat 2018
(iv) Principal Secretary, Social Justice and - Member Disabled Welfare
(v) Commissioner, Social Justice and - Member-Secretary Disabled Welfare
18. Incentive to employers in private sector.- The State Government shall issue instructions to provide incentives to employers in private sector who has employed at least 5 percent of total persons with disabilities .
19. Special employment exchange.- ; Every establishment shall furnish, information and return relating to vacancies and appointment made of persons with disabilities to the special employment exchange. The General Administration Department shall issue detail instructions to all departments in this respect.
20. Rules for accessibility.-
(1) Department of Urban Administration, Panchyat and Rural Development, Railway and Public Works Department shall make the following provisions to ensure accessibility of the roads and buildings under their jurisdiction, other concerned departments using the infrastructure shall also be responsible; (A) Road
(i) To exhibit on the road a hearing sign on red-light square for deaf and dumb and for blindness persons with disabilities exhibit necessary sign. .
(ii) to make slope on the steps for persons with disabilities using wheel-chair.
(ii) to engrave the surface of the zebra-crossing for the persons with. blindness or low vision.
(iv). to engrave the side of railway platform for persons with - blindness and low vision.
(v) to develop the proper signs for disabled.
(vi) to display warning signs on appropriate places. (B) In constructed buildings:-
(i) to make ramp in public buildings; | Tages tar, fetta 25 saat 2018 104 (41)
(ii) to make comfortable toilets for the persons with disabilities;
(iii) to provide brail/signs and hearing signs in the lift;
(iv) to make ramp in hospital primary health centers, places for medical treatment and rehabilitation;
(v) to make barrier free access for persons with disability in the Government offices.
21. Access to information and technology.- The State Government shall take action for access to Electronic Media by providing Audio description to persons with disability in consultation with the Information and Technology Department.
22. Recognition of non-Government Institutions.-
(1) For the purpose of sub-section (1) of section 51 of the Act, the officer nominated, by the Commissioner/Director, Social Justice and Disabled Welfare shall be the authorised officer for the purpose of registration of the institution to be established under section 50 of the Act.
(2) The concerned non-Governmental institution shall apply in Form-A to the Joint/Deputy Director Social Justice and Disabled Welfare of the concerned district.
(3) The following documents shall be attached with the application:-
(i) documentary evidence of work in the area of disability.
(i) | the constitution or bye-laws or regulations governing the institutions;
(ii) | Last three years Annual Report, Audit Report of Chartered Accountent, Annual grants received in last 3 years.
(iv). The information regarding names and their educational qualification and total number of persons employed in the institution along with their respective duties and honorarium is being paid;
104. (42) Heage ws, fais 25 warait 2018 ) 5)
(v)
(vi)
(a)
(b)
(c) ()
(e)
(f) The information regarding the number of experts, their names and their educational qualifications, employed in the institution; The information regarding the proof of residence, of the applicant, their E-mail, telephone and mobile number and website. Every institution who has made application under sub-rule (1) above shall fulfill the following requirement in respect of the institution:- that the institution has been working in the field of rehabilitation of persons with disabilities for more than three years immediately before the date on which application has been made; that the institution is registered under the Indian Societies Registration Act, 1860 (No. 21 of 1860) or under any other law for the time being in force in the State and a copy of such registration certificate along with the bye-law and memorandum of association of the society shall be submitted with the application; . that the institution is not being running for the profit of any individual or a body of individuals; that the institution has employed professionals registered with the Rehabilitation Council of India to cater and fulfill the special needs of children with disabilities; that the institution has adequate teaching and learning materials for the persons with disabilities; that the institution has submitted its audited accounts and annual report of last three years to the competent authority. On receipt of the application, the Joint/Deputy Director, Social Justice and Disabled Welfare on receipt of the application, shall enquire and inspect the activities of the institution within 30 days and shall prepare a the detailed inspection report and thereafter submit the proposal to qeages usa, feat 25 wad 2018 , 104 (43)
23.
24.
25.
26.
27. the authorised officer with the recommendation of the Collector of the concerned district.
(6) On receipt of the application, the competent authority after inquiry and ’ gatisfaction shall issue the Registration Certificate under the provisions of section 50 of the Act. .
(7) The Registration Certificate shall be valid for three years from the date . of issue, but the voluntary institution shall submit the report of working done during every year to the competent authority.
(8) The institution shall have to apply for renewal of the registration certificate before 60 days of the expiry of the registration. Refusal to issue Registration Certificate.- The competent authority may by order refuse to give certificate after giving reasonable opportunity of being heard to the applicant. Such order shall contain specific reasons for refusal to give such certificate and the applicant shall be informed accordingly by registered post. Validity of Registration Certificate.- The registration certificate issued under section 50 of the Act shall be valid for the period of 3 years unless it is revoked under section 52 of the Act. Appeal against the order of competent authority.- Any person aggrieved by the order of competent authority refusing to give the certificate or revoking the registration, may prefer an appeal within the period of 30 days against the order of refusal or revocation of registration, to the Principal Secretary, Social Justice and Disabled Welfare; Certifying Authority to issue disability certificate.-
(1) | The Medical Officer in-charge of the Government Hospitals shall be the Authorised officer to issue the disability certificate. The Chief Medical and Health Officer / Civil surgeon of the concerned district shall appoint authorised officers for all hospitals seperately under their jurisdiction.
(2) The Public health and Family Welfare Department of the State Government shall issue detailed instructions in this regard. Application for certificate of disability.-
(1) Any person with specified disability may apply for a certificate of disability and the application shall be submitted to the following:-
(a). to any medical authority or any other notified competent authority shall issue such a certificate in the district of residence 104 (44) Tages IT, fet 25 wad 2018
(2) of the applicant as mentioned as the proof of residence in the application or any authority as mentioned the Schedule - I
(b) to the concerned medical authority in a Government hospital where he may be undergoing or may have undergone treatment . in connection with his disability: ;
Provided that where a persons with disability is a minor are 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 organisation registered under the Act having the disabled minor under its care. The following documents shall be attached with the application:-
(a) Proof of residence; |
(b) | Two recent passport size photographs; and
(c) Aadhaar Number or Aadhaar Enrollment, if any.
28. issuance of Disability Certificate.-
(1)
(2)
(3)
(4) On receipt of an application the medical authority or any other notified competent authority, shall verify the information provided by the applicant and shall assess the disability in terms of the relevant guidelines issued by the Central Government and after satisfying himself that the applicant is a person with disability shall issue a certificate of disability in his favour in the prescribed form. The medical authority shall issue the certificate of disability within one month from the date of receipt of the application. The medical authority after due examination shall:-
(a) issuea permanent certificate of disability in cases where there are no chances of variation of disability over time in the degree of disability, or
(b) issue a temporary certificate of disability in cases where there is any chance of variation over time in the degree of disability and indicate the period of validity. If any applicant is found ineligible for issuing him the certificate of disability, the medical authority shall inform the reasons in writing to Teayes ws, feat 25 saat 2018 104 (45) him within a period of one month from the date of receipt of the application.
29. Certificate issued to be generally valid for all purposes.- A person to whom a certificate of disability is issued shall be entitled to apply for facilities, concessions and benefits admissible for persons with disabilities under schemes of the Government and of non- Government organization funded by the Government. Such person shall be able to apply under such conditions which are specified in the appropriate schemes made by the Government or specified by instructions.
30. Appeal.- Any person aggrieved with the decision of the authority , may within ninety days prefer an appeal to the Chief Medical and Health Officer.
31. State Advisory Board.- The State advisory Board shall be constituted in accordance with the (1) provisions of sub-section (2) of Section 66 of the Act, as under :-
(i)
(ii)
(iii) Minister, Government of Madhya Pradesh, Social Justice and Disabled Welfare Department State Minister, Government of Madhya Pradesh, Social Justice and Disabled Welfare Department Additional Chief Secretary/Principal Secretary/Secretary, Government of Madhya Pradesch, Social Justice and Disabled welfare, Education, Higher Education, Women and Child | Development, Finance, Public Health and. .Family Welfare, Panchayat and rural Development, Labour, Industry, Employment, Urban Development, Information and Technology, Sport and Youth Welfare, Transport, Public Works, Technical Education Departments - Chairperson - Vice-Chairperson Member 104 (46) Rees wea, fete 25 saath 2018
(2)
(iv) Three Members of the State Legislature - Member our of which at least two shail be women
(v) The following category of members shall - Member be nominated by the State Government shall nominate following member of different category e Five experts expert from Disability and rehabilitation field e Five Members working in the field of Disability and rehabilitation. »® Ten Disabled having special Achievement, out of which at least five shall be women e Three representative from the State Chamber of Commerce Industry
(vi) Commissioner/Director, Social Justice - Memberand Disabled welfare Secretary The procedure for nominating five members under sub-clause (ii) of Clause (e) sub-section (2) of Section 66 of the Act by rotation from the districts shall be as under-
(i) the nomination shall be. made on the basis of population of disabled persons of the district in descending order.
(ii) five districts shall be selected where the population of the disabled persons is more and five members shall, in the first instance be nominated, who shall represent the district in the Board. After every 3 years other district of maximum population of disabled persons shall be selected. The procedure of nomination shall continue till the representation of all districts is not completed. Tages wea, fede 25 wAatt 2018 104 (47) .
32.
33.
34.
(iii) | the term of members representing the above districts shall be three years.
(iv) _ the selection of members shall be made on the recommendation of the collector of the concerned district. Terms and Conditions of Members.-
(1)
(2)
(3)
(4)
(1) The term of office of the member of State Advisory Board shall be for a period of three years from the date of nomination. The State Government, may if thinks fit remove any nominated member before the expiry of his term after giving him a reasonable opportunity of showing cause against him. A member nominated may, at any time resign his office by writing under his hand addressed to State Government . The casual vacancy in the State advisory board shall be filled by a fresh nominated member and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was so nominated. Allowances to the members.-
(1) The non-official member of the State Advisory Board shall be paid an allowance of rupees one thousand for each day of the actual meetings.
(2) The non-official members of the State advisory board not residing in Bhopal shall be paid the actual travelling allowance or the actual fare which shall not be more than the fair of second AC train. Disqualifications.- No person shall be a member of the State Advisory Board, who -
(a) is or at any time has been adjudged insolvent by competent court or has suspended payment of his debt or has compounded with his creditors, or
(b) — is of unsound mind and stands so declared by competent court, - or
(c) is or has been, convicted of an offence, which in the opinion of the State Government involves moral turpitude, or 104 (48) Trager wea, fea 25 sat 2018
(2)
(3)
(d) is or at any time has been convicted of an offence under the Act, or
(e) has so abused, in the opinion of the State Government , his position as a member as to render his continuance in the State Advisory Board detrimental to the interests of the general public. No order of removal shalt be made by the State Government under this rule unless the member concerned has been given a reasonable opportunity of showing cause against the same. A member who has been removed under this rule shall not be eligible for re-nomination as a member.
35. Notice of Meetings.-
(1)
(2)
(3)
(4) The meetings of the State Advisory Board shall ordinarily be held in the State Head quarter on such date and time as may be fixed by the Chairperson. The meeting of the Board shall be held at least once in every six months. The Chairperson of the Board shail, on the written request of not less than 10 members of the Board call a special meeting of the Board The member secretary of the Board shall given seven days notice before the meeting specifying the place time, date at which such meeting is to be held and the business to be transacted thereat. The Chairperson of the State Advisory may adjourn the meeting on unavoidable reason. 36 Quorum.-
(1)
(2) | (3) Minimum one-third of the total members of the Board shall form the quorum for any meeting. If at the time fixed for any meeting or during the course of any meeting less than one-third of the total number of members are present, the chairperson thereof may adjourn the meeting to such hours on the following or on some other date as he may fix. No quorum shall be necessary for adjourn the meeting of the Board.
37. Minutes of the Meeting.-
(1) The Member-Secretary shall keep the minute book of the meeting in which names of all members of the board and their signature who had Teast teas, feat 25 sat 2018 104 (49) attended the meeting and details of proceedings of the meeting shall also be maintained.
(2) | The minutes of the previous meeting of the Board at the beginning of every succeeding meeting and shall be confirmed and signed by the presiding officer of such meeting. - 38. Business to transacted at meeting.-
(1) Save with the permission of the presiding officer, no business which is not included in the agenda or of which notice has not been given by a member shail be transacted at any meeting.
(2) At any Meeting of the board business shall be transacted in the order in which it is included in the agenda unless otherwise resolved in the meeting with the permission of the presiding officer.
39. Decision 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 over 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.
40. No proceeding to be invalid due to any defect in constitution of Board.- No proceeding of the Board shall be invalid merely by reason of existence of any vacancy in or any defect in the constitution of the Board.
41. Functions of the State Advisory Board.- The State Advisory Board shall function as under -
(i) | To advice the State Government for the implementation of, programs, scheme and deciding the Policy for persons with disability.
(ii) To develop a State policy for persons with disability.
(ii) | To monitor and coordinate with various departments for the action related to persons with disability.
(iv) | To prepare new programs for persons with disability. 104 (50) Fema wera, feats 25 sad 2018
(v)
(vi)
(vii) To take action regarding barrier free environment, accommodation, equality for the persons with disability. Evaluation of policies, schemes and programs. Any other matter, if necessary.
42. District Level Committee.-
(2) The District Level Committee shall be constituted as under,-
(i) Collector of the concerned District - Chairperson
(ii) | Chief Executive Officer, Zila Panchayat = - Member
(iii) Civil Surgeon/ Chief Medical and Health —- Member Officer | (iv) District Education Officer / District Project - Member Co-ordinator
(v) | General Manager Industries - Member
(vi) Project Officer Urban Development - Member
(vii) |The District Employment Officer - Member
(viii) District Programe Officer Woman and - Member Child Development Officer |
(ix) | Two representatives of voluntary - Member organisation concerned with the welfare of disabled person 0d Representative of District Rehabilitation - Member Centre for disabled
(xi) | Two such emeritus persons with disability - Member who have obtained specific achievement in any field
(xii) Joint/Deputy Director Social Justice and = - Member- Disabled Welfare Secretary The District Level Committee shall solve the problems facing by the disabled persons and take action for entire rehabilitation in coordination with all departments of Government /non-Governmént organisations and shall monitor and evaluate the action taken. qe wes, fein 25 watt 2018 104 (51)
43. Functions of the District Level Committee.- The District Level Committee shall function as under-
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv) To approve the annual scheme of disabled welfare of the districts. To update information regarding persons with disability on samagra portal. To review the udid card issued to persons with disability in the district. To review the beneficiaries under the various schemes related to persons with disability. To ensure appointment of persons with disability in government service in accordance with the reservation. To upload the facilities provided to the persons with disability on sparsh samagra portal. To review the functioning of non governmental institutions working in the field of disable welfare in the district. Quarterly review the activities of various departments related to this Act. To review the progress of education of disabled students and to solve their problems; To review the annual work plan of district disabled rehabilitation centre; To review and resolve the problem to create barrier free atmosphere in time limit. To review early identification, intervention and treatment. To review the utilization of budget allotted for the persons with disability and to review audit. To review the work entrusted from time to time by the State Government . 44,. Commissioner, for Persons with Disability.- The State Government shall appoint a Commissioner, disability for persons with disability. "104 (52) Heaye tsa, fea 25 sat 2018
45. Qualifications for appointment of Commissioner, disability.- A person shall be qualified to be appointed as a Commissioner, Disability if -
(a) he has special knowledge or practical experience in relating to rehabilitation of persons with disabilities;
(b) he has not attained the age of sixty-two years on the. ist January of the year in which the last date for receipt of applications as specified in the advertisement inviting applications for appointment of the Commissioner, disability occurs;
(c) he is in service under the Central Government or a State Government , he shall seek retirement from such service before his appointment to the post,
(d) a retired officer of Indian Administrative Service, of Central Government and Civil Service of State Government who has the ability of policy determination and experience of administration in the field of disability.
(e) he possesses the following educational qualification and experience, namely:-
(a) | Educational Qualifications -
(i) Essential - Graduate from a recognised university.
(ii) | Desirable - Recognised degree or diploma in social work or law or management or human rights or rehabilitation or education of disabled person;
(b) Experience - At least eighteen years experience in the field of Social Work or Rehabilitation or empowerment of Persons with Disability-
(i) work experience in the Central Government or State . Government , or
(ii) public sector undertakings on semi Government or autonomous bodies dealing with disability related matters or social sector, or
(iii) | works.in the capacity of a senior level functionary in a State or national or international organisation Tea waTS, fea 25 wrzat 2018 104 (53)
46.
48.
49.
50. registered and working in the field of disability or social developments: ;
Provided that out of the total eighteen years experience in this sub-clause, at least three years experience in the recent past had been in the field of rehabilitation or empowerment of persons with disabilities. Disqualifications for Commissioner, disability.- Any such person shall not be eligible for the post of commissioner, disabled person if he is -
(a) {b)
(c)
(d)
(e)
(f) a bankrupt or at any time he has been declared as benchmark, or a person of unsound mind and the same has been declared by the competent court, or a person, who in the opinion of the State Government has been declared accused for any crime against the moral values, or a person who has been found accused for any crime or declared accused, or a person who has misused the power and was found accused and in the opinion of the Government as a State Commissioner, disability his service may be contrary to the public interest, or a person who has completed two tenures as commissioner, disability. - Term of commissioner, disability.- The term of office of the commissioner, disability shall be three year Headquarter of the Commissioner, disability.- The headquarter of the Commissioner, disability shall be at Bhopal. Pay, Allowances and other facilities to commissioner, disability.-
(1)
(2) The Commissioner, disability shall be entitled to such pay, allowances and other facilities as is entitled to Secretary of the State Government . Where the Commissioner disabled persons is retired person from Government service, he shall be eligible for last pay drawn minus pension at the time of retirement as remuneration. Procedure of appointment of commissioner, disability.-
(1) The State Government shall constitute a search committee to propose a panel frorn the applications received for selection of Commissioner, 104 (54) meaues ustya, fear 25 wratl 2018 disability. The search committee shall consist .of the following members, namely:- {a)
(b)
(c)
(d) An officer of the rank of Additional. Chief Secretary to be nominated by the Chief Chairperson Secretary The Principal Secretary, General - Member Administration Department The Principal Secretary/Secretary Social - Member Justice and Disability Welfare Department The Commissioner/Director Social Justice - Memberand disability welfare . Secretary
(2) The procedure of selection of Commissioner disability shall be as follows:-
(a)
(b)
(c)
(d)
(e) The Commissioner/Director Social Justice and disability Welfare shall issue an advertisement inviting the applications for appointment on the post of Commissioner, disability. The advertisement shall be published in two daily newspapers of National and State Level of which at least one should be published in English newspaper. the application received shall be placed before the search committee constituted by the State Government. The State Government shall appoint Commissioner, disability on the recommendation of search committee and no appeal shall be entertained in this case. The proceedings of the meeting of search committee shail be confidential and no correspondence shall be entertained in this respect. . If the State Government do not found suitable person for the post of Commissioner, disability then the selection procedure shail be again repeated.
51. Resignation and removal from the post.-
(1) | The commissioner, disability may, by letter resign his office by writing under his hand addressed to the State Government aeques usa, feria 25 Saat 2018 104 (55)
(2) The State Government may at any time remove the State Commissioner, disability ifhe -
(a) | becomes an undischarged insolvent, or
(b) On receipt of his any complaint is found him guilty after inquiry, or
(c) does not submit the report in time or he is late submitting the report or the State Government is of opinion that he is not discharging the duties properly or he is committing mistakes, in discharging the duties. .
(d) any other reason, the State Government may think proper.
52. Competent Authority to remove the commissioner, disability.- The State Government shall be competent authority for removing the Commissioner, disability from the post before the expiry of his term.
53. Vacant Post of commissioner, disability.- In case the post of commissioner, disability is vacant, the Principal . Secretary of Social Justice and Disabled Welfare shall be the in charge Commissioner, disability.
54. Staff for the office of commissioner, disability.-
(1) The necessary staff shall be provided for the office of Commissioner, disability.
(2) The staff shall be under the administrative control of the Commissioner, disability ,
55. Residuary Provision.- The conditions of service of the commissioner, disability in respect of which no express provision has been made in section 79 of the Act, shall be determined by the rules and orders.
56. Submission of Annual Report
(1) The Commissioner, disability shall, after the end of Financial Year, prepare and submit to the State Government an annual report giving a 104 (56) meager Unga, fete 25 Wa 2018
(2) correct and complete account of activities during the said financial year. The annual report shall contain the information in respect of each of the following matters, namely:-
(a) The names of officers and employees working in the office of the commissioner, disability and a chart showing the organizational set-up.
(b) The functions under section. 75 and 76 of the Act which are empowered to be discharged by the Commissioner, disability _ and execution of the other important matters in this respect.
(c) The main recommendationS made by the Commissioner, disability
(d) The progress made in the State after implementation of the provisions of the Act.
(e) The information regarding any other subject included by the Commissioner, disability and subject specified by the State Government from time to time.
57. Appointment of Special Public Prosecutor.-
(1)
(2) The special public prosecutor shall be appointed by the State Government for every special court as under -
(a) who has practical experience of handling cases of persons with disabilities;
(b) | who has experience of practicing in the court for not less than seven years,
(c) who has knowledge of local language and customs. The special Public Prosecutor specified under section 85 of the Act shall be entitled to receive such fees or remuneration as is admissible to the Public Prosecutor appointed by the State Government under the Code of Criminal Procedure, 1973 (1 of 1974) for conducting the cases before the court of session.
58. Management of State Fund.-
(1) There shall be constituted by the State Government a State Fund for welfare and rehabilitation of persons with disabilities and there shall be credited thereto - Tees way, fear 25 stat 2018 104 (57)
(2)
(3)
(4)
(a) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers;
(b) all sums received from the State Government including grant-inaid, {c) all sums from such other sources as may be decided by the State Government The account and records of the State Fund shall be kept properly in which. the Statement of income and expenditure shall have to be included. The Accounts of the State Fund shall be audited by the Chartered Accountant every year. There shall be a following Committee for management of State Fund :-
(i) Principal Secretary/Secretary , Social Chairperson Justice and Disable Persons
(ii) Principal secretaries ;- Finance, Public Member Health, Education. Technical Education, Higher Education, Labour, Industries, Urban Administration, Woman and Child Development, Panchayat and Rural Development Member (iii) | Two persons/institutions representing different types of disabilitiés who are nominated in the State Level Advisory Board by rotation Member (iv) State Nodal Agency institution of National Trust
(v). . Commissioner/Director Social Justice and Memberdisability Welfare - Secretary 104 (38) wees Usa, feat 25 sat 2018
59.
60.
61.
(9)
(6)
(7)
(8) The committee shall from time to time, meet as often as necessary but at least once in every six months the meeting shall be compulsory. No member of the committee shall be a beneficiary of the Fund during — the period such member holds office. The nominated non-official members shall be eligible to receive such travelling and daily allowance as admissible to the members for attending the meetings of State advisory board. No member may be a member of the committee if he -
(a) is or has been convicted of an offence which in the opinion of the State Government involves moral turpitude, or
(b) is, or at any time, has been declared adjudicated as an insolvent Utilization of State Fund.-
(1)
(2)
(3)
(4): The State 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 State Government .
(b) Administrative and other expenses as may be required to 5 be incurred for the purposes under the Act, and
(c) for such other purposes as may be decided by the committee. Every proposal of expenditure shall be placed before the committee for its approval. . The Committee 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 State Fund. The State Fund shall be utilized in such manner as the committee may think appropriate. Budget.- The Member-Secretary of the committee of state fund shall prepare or cause to be prepared the Budget for incurring expenditure from the State Fund during the financial year showing the estimated receipt and expenditure in January every year. The Budget prepared shall be placed before the Committee for consideration Annual Report.- The Social Justice and disabilities Welfare Department shall include a chapter on the State Fund in its Administrative Annual Report. By order and in the name of the Governor of Madhya Pradesh, ASHOK SHAH, Principal Secy. fries, wereta Fan wen dear ar, Heawee gro ereala sha Ysera, sro S yea wen warfa—2018.