on D (i) An eminent person having a vast experience in the field of science and medical research to be nominated by the State Government- Chairperson;
(ii) Director-General of Health Services of the State Government or the Director nominated by him - ex officio-Member;
(iii)Five members as representatives from registered State level organization representing each of the five groups of specified disabilities in the Schedule to the Act, to be nominated by the State Government --- Members:
Provided that atleast one representative of the registered organizations is a Woman.
(iv) Director dealing with empowerment of persons with disabilities in the State Government – Member Secretary:
(2) The Chairperson may invite any expert as a special invitee.
(3) The term of office of the nominated members shall be for a period of three years from the date on which they enter upon office but the nominated members shall be eligible for re-nomination for one more term.
Short title and commencement Definitions State Committee for for Research on Disability
(4) One half of the members shall constitute the quorum of the meeting.
(5) The non-official members and special invitees shall be entitled for travelling allowance and dearness allowance as admissible to a Group A or equivalent officer of the State Government.
(6) The State Government may provide the Committee with such ministerial and other staff as the State Government consider necessary.
4. No person with disability shall be considered to be a subject of a research except his/her free and informed consent obtained through accessible modes.
CHAPTER-III LIMITED GUARDIANSHIP 5-(1) A District Court or any authority designated by the State Government on Limited its own or otherwise shall grant the support of limited guardianship to a person with disability to take a legally binding decision on his behalf. Guardianship
(2) The District Court or the designated authority before granting limited guardianship for the person with disability shall satisfy itself that such person is not in a position to take legally binding decision on his own.
(3) The District Court or the designated authority shall take a decision preferably within a period of one month from the date of receipt of an application regarding grant of limited guardianship or from the date of coming to his notice of the need of such limited guardianship:
Provided that the consent of the person to act as a limited guardian shall also be obtained before grant of such limited guardianship.
(4) The validity of the limited guardianship as appointed under sub-rule (1) shall be initially for a period of five years which can be extended further by the District Court or the designated authority as the case may be:
Provided that the District Court or the designated authority shall follow the same procedure while extending the validity of the limited guardianship as followed while granting the initial guardianship.
(5)While granting the support of such limited guardianship the Court or the designated authority shall consider a suitable person to be appointed as a limited guardian in the following preference of merit:-
(a) The parents or adult children of the person with disability;
(b) Immediate brother or sister;
(c) Other blood relatives or care takers or prominent personality of the locality.
(6) Only those individuals who have attained the age of 18 years or more and have not been previously convicted of any cognizable offence as defined in the Code of Criminal Procedure, 1973 (1 of 1974) shall be appointed.
(7) The limited guardian appointed under sub-rule (1) shall consult the person with disability in all matters before taking any legally binding decision on behalf thereof.
(8) The appointed limited guardian shall ensure that the legally binding decisions taken on behalf of the person with disability are in the interest of such person.
CHAPTER -IV EDUCATION 6-(1) The terms and conditions of grant of recognition to the educational institutions by the competent authority in the State may include the requirements to comply with the provisions of section 16 of the Act.
Person with Disability not to be a subject of research limited guardianship Terms and conditions before recognition of the educational institution
CHAPTER -V Certificate of Registration of Institutions
7. (1) A person desirous of establishing or maintaining an institution for persons with disabilities may make an application in the Form appended to these rules to the competent authority referred to in Section 51 of the Act.
(2) 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 number of professionals employed in the institution:
(f)a statement regarding qualifications of the professionals employed by the institution; and
(g) the proof of residence of the applicant.
(3) Every application made under sub rule (1) shall comply with the following requirements in respect of the concerned institution.-
(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 Indian Societies Registration Act, 1860 (Act no. XXI 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 byclaws 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 needs of children with disabilities;
(e) that the institution has 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 authority.
(4) The certificate of registration under this rule, unless revoked under section 52 of the Act, shall remain in force for a period of five years on and from the date on which it is granted or renewed.
(5)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;
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 have been provided for such delay.
(6)If the application for renewal of certificate of registration is made before its expiry as specified in the proviso to sub-rule (5), the certificate of registration Application for, And grant of 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.
(7) Every application made under sub-rule (1) or sub rule (5), 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.
8. Any person aggrieved by the order of the competent authority referred to in sub-section (1) of section 51, refusing to grant a certificate of registration or revoking a certificate of registration may, within three months from the date of the order, prefer an appeal against that order to the appellate authority referred to in sub-section (1) of authority section 53 and the appellate authority may, after such enquiry into the matter as it considers necessary and after giving the appellant an opportunity of being heard, make such order as it thinks fit,
CHAPTER-VI APPEAL REGARDING CERTIFICATE OF DISABILITY
9. (1) Any person aggrieved with the decision of the authority issuing the certificate of disability may within ninety days from the date of the decision, prefer an appeal to the appellate authority designated by the State Government for the purpose under sub-section (1) of section 59 of the Act in the following manner:-
(a) The appeal shall contain brief background and the grounds for making the appeal.
(b) The appeal shall be accompanied by a copy of the certificate of disability or letter of rejection issued by the certifying authority.
Provided that where a person with disability is a minor or suffering from any disability which renders him unfit to make such an appeal himself, the appeal on his behalf may be made by his legal or limited guardian as the case may be.
(2) On receipt of such appeal, the appellate authority shall provide the appellant an opportunity to present his case and thereafter pass such reasoned and detailed order as it may deem appropriate.
(3) Every appeal preferred under sub-rule (1) shall be decided as expeditiously as possible and not later than a period of sixty days from the date of receipt of the appeal.
CHAPTER-VII State Advisory Board
10.(1) The non-official members of the State Advisory Board on disability not residing in the State capital region; shall be paid an allowance of rupees two thousand for each day of the actual meeting of the said Board.
(2) The non-official members of the State Advisory Board on disability residing Advisory board outside the State capital region shall be paid daily and travelling allowances for cach day of the actual meeting of the said Board at the rates admissible to a Group A Officer of the State Government:
11. (1)The meetings of the State Advisory Board on disability constituted under sub-section (1) of section 66 of the Act (hereinafter in this Chapter referred to as 'the Board') shall ordinarily be held in the Capital of the State on such dates as may be fixed by its Chairperson:
Provided that it shall meet at least once in every six months.
(2) The Chairperson of the Board shall, upon the written request of not less than ten members of the Board, call a special meeting of the Board.
Appeal against the order of the competent authority Appeal against the decision of the authority issuing certificate of disability Allowances for the Members of the State Advisory Board Notince of the Meeting
(3) Fifteen clear days' notice of an ordinary meeting and five clear days' notice of a special meeting specifying the time and the place at which such meeting to be held and the business to be transacted thercat, shall be given by Member- Secretary of the Board to the members of the Board.
(4)Notice of a meeting may be given to the members of the Board by delivering the same to them by messenger or sending it by registered post to their respective last known places of residence or business or by email or in such other manner as the Chairperson of the Board may, in the circumstances of the case, thinks fit.
(5) No member of the Board shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days' notice to the Member Secretary of the Board, unless the Chairperson of the Board, in his discretion, permit him to do so.
(6)The Board may adjourn its meeting from day to day or to any particular day as under:-
(a)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 which was adjourned was to be held and it shall not be necessary to give notice of the adjourned meeting to the rest of the members;
(b) Where a meeting of the Board is adjourned not from day to day but from the day on which the meeting is to be held to another date, notice of such meeting shall be given to all the members of the Board in the manner as specified in subrule(4).
12. The Chairperson of the Board shall preside at every meeting of the Board and in his absence, the Vice-Chairperson thereof shall preside, but when both the Chairperson and the Vice-Chairperson of the Board are absent from any meeting, the members of the Board present shall elect one of the members to preside at that meeting.
13. (1)One-third of the total members of the Board shall form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any meeting less than one-third of the total members of the Board are present, the Chairperson thereof may adjourn the meeting to such hours on the following or on some other future date as he may fix.
(3)No quorum shall be necessary for the adjourned meeting of the Board.
(4)No matter which had not been on the agenda of the ordinary or the special meeting of the Board, as the case may be, shall be discussed at its adjourned meeting.
(5)(a) Where a meeting of the Board is adjourned under sub-rulc(2) for want of quorum to the following day, notice of such adjourned meeting shall be given to the members of the Board available at the place where the meeting which was adjourned was to be held and it shall not be necessary to give notice of the adjourned meeting to other members; and
(b) Where a meeting of the Board is adjourned under sub-rule(2) for want of quorum not to the following, but on a date with sufficient gap, notice of such adjourned meeting shall be given to all the members of the Board in the manner as specified in sub-rule (4) of rule 11.
Presiding officer Quorum
14. (1) Record shall be kept of the names of all the members of the Board who attended the meeting of the Board and of the proceedings at the meetings in a book to be maintained for that purpose by the Member-Secretary of the Board.
(2)The minutes of the previous meeting of the Board shall be read at the beginning of every succeeding meeting, and shall be confirmed and signed by the presiding officer at such meeting.
(3)The proceedings shall be open to inspection by any member of the Board at the office of the Member-Secretary of the Board during office hours.
15. Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of rule 11 shall be transacted at any meeting of the Board.
16. (1) At any meeting of the Board business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer:
Provided that either at the beginning of the meeting of the Board or after the conclusion of the debate on a motion during the meeting, the presiding officer or a member of the Board may suggest a change in the order of business as entered in the agenda and if the Chairperson of the Board agrees, such a change shall take place.
17. All questions considered at a meeting of the Board shall be decided by a majority of votes of the members of the Board present and 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.
18. No procceding of the Board shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Board.
19. The District-Level Committee on disability referred to in Section 72 of the Act shall consist of -
(i) District Magistrate............................... „ex-officio Chairperson;
(ii) C.D.O. .---------------------------------------------------..member:
(iii)S.P/S.S.P.---------------------------------------------------member:
(iv)District Divyangjan Empowerment Officer -------- member.
secretary:
(v) Chief Medical Officer. ------------------------------------member
(v)) B.S.A.................................................................... member
(vii) D.IO.S.................................................................. member
(viii) District Probation Officer ………....................….. member
(ix) a Representative of a Registered Organization nominated by the Chairperson...................................... member
(x) a Person each from the types of identified disabilities by the state as defined in Clause(s)of Section 2 of the Act as nominated by the Chairperson.........................................................member; and
(xi) 'Any other member as invited by the Chairperson................................................................member Minutes Business to be transacted at meeting Agenda for the meeting of theState Advisory Board Decision by majority No proceeding to be invalid due to vacancy or any defect District-level Committee