(1) A person desirous of establishing or maintaining an institution for persons with disabilities may make an application in Form-‘I’ to the competent authority referred to in section 51 of the Act.
(2) The Government, while taking a decision on the application for registration, shall consider the following, namely:-
(i) Details of physical infrastructure, water and electricity facilities, sanitation and hygiene, recreation and accessibility facilities;
(ii) Plan to provide services for children such as medical, vocational, educational, counseling, etc., in case of new applicants and details of such services provided in case of existing institutions;
(iii) Arrangements of safety, security and transportation;
(iv) details of existing staff with their qualification, experience and registration with RCI as a rehabilitation personnel;
(v) details of registration under Foreign Contribution Regulation Act and funds available, if any;
(vi) any other criteria as prescribed by the Government.
(3) Every application made under sub-rule (1) shall be accompanied with:-
(a) documentary evidence of work in the area of disability;
(b) the Constitution or bye-laws or regulations governing the Institution;
(c) audited statement and details of grants received in the last three years, preceding the date of application;
(d) a statement regarding total number of persons employed in the Institution along with their respective duties;
(e) the details of professionals employed in the Institution with their CRR Nos. and
(f) the proof of residence of the applicant.
1026 LA GAZETTE DE L'ETAT [PART–II
(4) Every application made under sub-rule (1) shall comply with following requirements in respect of the concerned institution, namely:-
(a) that the institution had been working in the field of rehabilitation of persons with disabilities for not less than three years immediately before the date on which the application is made;
(b) that the institution is registered under the Societies Registration Act, 1860 (XXI of 1860), or under any other Law for the time being in force in the States and a copy of such Registration Certificate along with the bye-laws and memorandum of association of the Society shall accompany the application;
(c) that the institution has not been running to profit any individual or a Body of individuals;
(d) that the institution has employed professionals registered with the Rehabilitation Council of India to cater to the special need of the children with disabilities;
(e) that the Institution had adequate teaching and learning material for the persons with disabilities; and
(f) that the Institution has submitted its audited accounts and annual reports of last three years with the competent or authority.
(5) The certificate of registration issued in Form-II under this rule, unless revoked under section 52 of the Act, shall remain in force for a period of three years on and from the date on which it is granted or renewed.
(6) An application for the renewal of certificate of registration shall be made in the same manner as the application for grant of certificate under sub-rule (1) accompanied with the previous certificate of registration and a statement that the applicant is applying for renewal of the certificate so accompanied:
Provided that such application shall be made before sixty days of the expiry of the validity of such certificate.
1027PART–II] LA GAZETTE DE L'ETAT
Provided further that the competent authority may consider application for renewal of the Certificate of Registration after 60 days but not later than 120 days, if, he is satisfied that sufficient reasons has been provided for such delay.
(7) If, the application for renewal of certificate of registration is made before its expiry as specified in the proviso to sub-rule (6), the certificate of registration shall continue to be in force until orders are passed on the application and the certificate of registration shall be deemed to have expired if, application for its renewal is not made within sixty days as specified in the said proviso.
(8) Every application made under sub-rule (1) or sub-rule (6), in which the competent authority referred to in sub-section (1) of section 51 of the Act, is satisfied that the requirements for grant of certificate of registration under the Act and these rules have been complied with, shall be disposed of by it within a period of ninety days thereafter.