Chhattisgarh Rights Of Persons With Disabilities Rules, 2023

[16th May 2023]

In exercise of the powers conferred by sub-section (1) and sub-section (2) of Section 101 of the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016), the State Government, here by, makes the following rules relating to the rights and benefits of Persons with Disabilities, namely :-

CHAPTER 1 PRELIMINARY

Rule - 1. Short title, extent and commencement

(1)     These rules may be called the Chhattisgarh Rights of Persons with Disabilities Rules, 2023.

(2)     It shall extend to the whole State of Chhattisgarh.

(3)     It shall come into force from date of its publication in Official Gazette.

Rule - 2. Definitions

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016);

(b)      "Disability Certificate" means certificate issued by certifying authority under Section 57 of the Act;

(c)      "Executive Magistrate" means Magistrate appointed under Section 20 of the Code of Criminal Procedure, 1973 (No. 2 of 1974);

(d)      "Family" means mother-father (biological/step parents) brother-sister-third gender (unmarried), son-daughter-third gender child (dependent) of persons with disabilities and legal guardians;

(e)      "Form" means Form appended to these rules.

(f)       "Medical Board" means medical board constituted to ascertain the disabilities in persons on District/Division/State Level;

(g)      "Person with Benchmark Disability" means person with 40% or more disability;

(h)     "Persons with Disabilities" means persons described under clause (r), (s), (t) and (zc) of Section 2 of the Act and person with specified disability mentioned in the Schedule who holds disability certificate;

(i)       "Registration of Institution" means registration certificate issued by competent authority to establish or maintain any institution for persons with disabilities under Section 50 of the Act;

(j)       "State" means State of Chhattisgarh;

(k)      "State Commissioner" means State Commissioner, Chhattisgarh for Persons with Disabilities appointed under Section 79 of the Act;

(l)       "State Government" means the Government of Chhattisgarh;

(2)     Words and expressions used herein and not defined, but defined in the Act, shall have the same meaning as respectively assigned to them in the Act.

CHAPTER 2 RIGHTS AND ENTITLEMENTS

Rule - 3. Organization not to discriminate on the basis of disability

(1)     Head/In-charge of the organization shall ensure that there shall be no misuse of rights of persons with disabilities and such persons are not deprived of their benefits under the provisions of sub-section (3) of Section 3 of the Act.

(2)     Each organization shall nominate one officer/employee as Nodal Officer to deal with matters related to persons with disabilities, if nodal officer is received the grievances then he shall dispose it within 60 days.

(3)     If any government or any private establishment employing more than twenty persons, receives any complaint of discrimination on the basis of disability, then it shall:-

(i)       initiate action in accordance with the provisions of the Act, or

(ii)      inform aggrieved person in writing that the action taken is proportionately sufficient.

(4)     If aggrieved person makes a complaint before State Commissioner, Persons with Disabilities Chhattisgarh, then his grievance shall be redressed within the period of 60 days.

(5)     Concerned government or other private establishment shall ensure implementation of disposal of grievance within the period of 90 days.

(6)     Women and Children with Disabilities under the provisions of sub-section (2) of Section 4 of the Act shall have a right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability.

(7)     Information with regard to disposal and pending grievances received by each establishment every year shall be made available to the Nodal Officer, State Commissioner, Persons with Disabilities.

Rule - 4. State Committee for Research on Disability

(1)     The State Government shall, by Notification, constitute a body to be known as the State committee for research on disabilities to exercise the powers conferred under sub-clause (ii) of sub-section (2) of Section 6 of the Act. Such State Committee shall consist of-

(i)       Person with wide experience of research in Science or Medical (Disability or related to disability) nominated by the State Government. – Chairperson

(ii)      Commissioner cum Director, Directorate of Technical Education, Chhattisgarh -Member

(iii)     Director, Directorate of Social Welfare, Chhattisgarh -Member-Secretary

(iv)    Director, Directorate of Women and Child Development, Chhattisgarh -Member

(v)      Director, Directorate of Medical Education, Chhattisgarh -Member

(vi)    Registrar, Pt. Ravishankar Shukla University, Raipur Chhattisgarh -Member

(vii)   Head of Department, Pt. Jawahar Lal Nehru Medical College, Raipur (Related expert of V.I and H.I.) – Member

(viii)  Head of Department, Social Science, Pt. Ravishankar Shukla University, Raipur – Member

(ix)    Five persons of National/State Organization representing five different disabilities as specified in the Act – Member

(x)      Five persons as representatives of aided voluntary organizations by Social Welfare Department working in the field of disability, who shall represent five groups of specified disabilities in the Schedule of the Act -Member State Government shall nominate the names of the non-government members of clause (i), (ix) and (x), but there shall be at least one female representative in the representatives of said voluntary organizations.

(2)     Committee shall invite specialist in the field of disability working in the State or outside the State as specially invited member.

(3)     Term of office of nominated members shall be three years from the date of order of nomination and nominated member shall be eligible for re-nomination for one more term.

(4)     The State Government may, if it thinks fit, remove any nominated member before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.

(5)     It shall be mandatory to give notice of meeting to the committee members before 15 days.

(6)     The quorum of the meeting will be made only if one-third of the members are present in the meeting of the committee, but the quorum is not completed, the quorum will not be mandatory in case the meeting is adjourned for at least 30 minutes.

(7)     As per requirement, Committee shall constitute separate sub-committees for Health, Technical, Education and Employment and Rehabilitation of Persons with disability, these sub-committees shall conduct meetings at interval of thirty days and shall complete the research work within one year and submit the same to the committee.

(8)     May contract with any expert person or organization for research work and shall be expended the maximum Rs. Five Lakhs per research every year for this purpose.

(9)     Judgment/Order passed by the Committee shall be appealable before Secretary, Government of Chhattisgarh, Social Welfare Department within 60 working days; judgment of Appellate Authority shall be final and binding.

(10)   Representative member of voluntary organization and specially invited member shall be eligible for such permissible travel allowance and daily allowance as per "financial instructions" issued by the Government of Chhattisgarh, Finance and Project Department for President at President rate and member at member rate for Board/Commission/ President of Corporation/Member of State Government.

(11)   Payment of permissive travel/daily wages to non-government President/Members of the Committee as specified in clause (ix) and (x) shall be made from State Fund constituted for Persons with Disabilities or by Government in accordance with the directions issued from time to time under Section 88 and Rule 98 of the Rights of Persons with Disabilities Act, 2016/State Destitute Fund.

(12)   The State Government shall provide the committee of such clerical and other human resources as the State Government may consider necessary.

Rule - 5. Any deficiency in action during constitution of committee shall not be considered illegal

Any action of the committee shall not be illegal merely on reasons like existence of vacancy or any deficiency of the organizational committee.

Rule - 6. Persons with Disabilities not a subject of research

No persons with disabilities shall be a subject of research unless there is some effect of research upon his body physically or mentally.

Rule - 7. Procedure to be followed by Executive Magistrate

For the purpose of proceedings in furtherance of complaints made under Section 7 of the Act, the Executive Magistrate shall follow the procedure laid down under the provisions of Sections 133 to Section 143 of the Code of Criminal Procedure, 1973 (2 of 1974).

Rule - 8. Protection and safety

(1)     Under sub-section (1) of Section 8 of the Act, the persons with disabilities shall have equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters.

(2)     Under sub-section (2) of Section 8 of the Act, the State Disaster Management Authority shall take appropriate measures to ensure inclusion of persons with disabilities in its disaster management activities as defined under clause (e) of Section 2 of the Disaster Management Act, 2005 (53 of 2005) for the safety and protection of persons with disabilities.

(3)     Under sub-section (3) of Section 8, the District Disaster Management Authority constituted under Section 25 of the Disaster Management Act, 2005 (53 of 2005) shall maintain record of details of persons with disabilities in the district and take suitable measures to inform such persons of any situation of risk/disaster so as to enhance disaster preparedness and appropriate rehabilitation.

(4)     With the co-ordination and contact with the Director, Social Welfare at State Level and Joint/Deputy Director at District Level, necessary equipments related to disaster management shall be arranged to persons with disabilities.

(5)     Commodities used during rescue work in the situation of disaster must be barrier free commodity and resources. In the disaster management team, for hearing impaired people, there should be a person who could convey and use sign language. There should be sign/mark to inform about important disabilities and such communications shall be displayed.

(6)     The Revenue and Disaster Management Department shall be the Nodal Department for the action provided under sub- rule (1), (2), (3) and (5) of rule 8.

Rule - 9. Home and family

(1)     Under sub-section (1) of Section 9 of the Act, no disabled boy/girl/third gender shall be separated from his or her parents on the ground of disability except upon an order of Competent Court, if required, in the best interest of the disabled boy/girl/third gender.

(2)     Where the family is unable to take care of a disabled boy/girl/third gender, who is less than 18 years of age, Child Welfare Committee (as per the provisions of Juvenile Justice (care and protection of children) Act, 2016 (No. 2 of 2016)) shall place such child with his nearest relatives and failing that within the community in a family setting or in exceptional cases in children home run by the Government or non-governmental organization under the Juvenile Justice Act and Rights of Persons with Disabilities Act.

(3)     Where the family is unable to take care of a persons with disability who is more than 18 years of age, the Court of Sub-Divisional Magistrate shall place such persons with disabilities with his or her near relatives under the provisions of the National Trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 (No. 44 of 1999) or otherwise and failing that within the community in a family setting or in exceptional cases, shall decide/permit to place in children homes run by government/non-government organizations under the provisions of Rights of Persons with Disabilities Act.

(4)     Decision taken under sub-section (2) and (3) shall not affect the Mental Health Care Act, 2017 (No. 10 of 2017).

Rule - 10. Reproductive rights

(1)     Mitanin, Anganbadi workers and officers of Health Department etc. shall give appropriate information and awareness to the persons with disabilities with regard to reproduction and family planning.

(2)     Before marriage, advice shall be given with regard to the disability caused due to blood related disorder and genetic disorder.

(3)     If any issue with regard to reproduction and family planning of persons with disabilities comes into light that during pregnancy/upon giving birth disabled woman shall face problem or may have risk in the health and upcoming of new born baby, then in such a situation of the following "Examination and Suggestion Committee" shall be constituted at District Level:-

(i)       Chief Medical and Health Officer, Health Department – Chairperson

(ii)      District Programme Officer, Department of Woman and Child Development - Member

(iii)     Joint/Deputy Director, Social Welfare - Proposer

Committee shall examine and send report to the Collector within 3 days. District Collector shall take appropriate decision within 7 days. Appeal against the decision of Collector can be made before the Commissioner within 7 days, upon which Commissioner shall take decision within 7 days giving final decision and dispose the case.

(4)     Health and Family Welfare Department shall be as Nodal Department for the proceedings under sub-rule (1) and (2) of rule 10.

Rule - 11. Accessibility to Polling Stations

Under Section 11 of the Act, State and District Election Officer shall ensure that all polling stations are accessible and barrier free to persons with disabilities and all materials related to the electoral process are easily understandable and accessible to them in Lok Sabha, Vidhan Sabha, Municipal, Panchayat, Co-operative and all other election processes.

Rule - 12. Access to Justice

(1)     Under sub-section (1) of Section 12 of the Act, justice shall be made available on the basis of disability.

(2)     Under sub-section (3) of Section 12 of the Act, the State Legal Services Authority constituted under the Legal Services Authorities Act, 1987 (39 of 1987) shall ensure that persons with disabilities have access to any scheme, programme, facility or service run by State/Central Government made for the purposes of their welfare are provided to them.

(3)     Hearing of matters related to persons with disabilities shall be given preference in all Courts, Boards and Commissions and there shall be accessible arrangement in the campus for persons with disabilities.

(4)     It shall be the duty of State/District Legal Services Authority to make available a Government/Private Lawyer trained or known in sign language at State/District Level.

(5)     Apart from website of all departments of State Government, registry/evidence documents/file etc. related to persons with disabilities shall be made accessible/readable for persons with disabilities.

Rule - 13. Provision for Guardianship

(1)     Under sub-section (2) of Section 14 of the Act, for the purpose of action to be taken for guardianship, procedure laid down in the National Trust for the welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, 1999 (No. 44 of 1999) shall be followed.

(2)     Preference shall be given to a woman for appointment as legal guardian of a disabled woman.

Rule - 14. Social Awareness

Under Section 15 of the Act, Government of Chhattisgarh, Social Welfare Department shall designate Nodal Officer as per guidelines issued in this regard from time to time develop social awareness towards persons with disabilities and general public.

CHAPTER 3 EDUCATION

Rule - 15. Duty of Educational Institutions

(1)     Schools and training centers run by concerned department of the State shall be developed to provide inclusive education to persons with disabilities and the concerned department shall issue appropriate directions to the departmental district officers as Nodal Officers.

(2)     State Government shall ensure that any disabled student shall not be deprived of admission and education in Government/recognized non-government educational institution on the ground of disability.

(3)     Disabled students shall be given consolidated free education under Section 18 of Right of Children to Free and Compulsory Education Act, 2009 (No.35 of 2009).

(4)     If facilities as per sub-rule (2) and (3) are not provided, then disabled student shall make a complaint in the District Department/ Nodal Officer of concerned district.

(5)     District/Nodal Officer shall take the decision within 15 working days of receipt of complaint.

(6)     Appeal against decision of District/Nodal Officer shall be made before Departmental Commissioner/Director, disposal of complaint shall be done within 07 working days from the date of receipt of appeal.

(7)     Disciplinary action shall be taken by the State Government against concerned Principal/Officer in-charge of Government educational institution in case of contempt of decision taken under sub-rule (6).

(8)     In case of recognized non-government institution, recognition of institution shall stand cancelled, State Government shall authorize District Department/Nodal Officer by issuing proper directions to ensure that compliance.

(9)     Buildings of all Government/Non-government educational institutions shall be accessible for disabled students, if building of any educational institution is not accessible for disabled students then concerned department shall make such building accessible for disabled students in a maximum period of 03 years.

(10)   Concerned department shall issue proper guidelines as per the provisions of the Act for prescribing syllabus, in accordance with disability and to give extra time for examination and arrangement of assistant for disabled students/trainees.

(11)   Nodal Officer shall give information with regard to disabled students studying in institution on the basis of disability defined under the Right of Persons with Disabilities Act, 2016.

(12)   Nodal Officer shall conduct counseling and dispose of the complaint, it shall be mandatory to give information with regard to education/trainee persons with disabilities to the Joint/Deputy Director, District Office Social Welfare at district level within 15 working days at the beginning and end of the educational session.

(13)   Out of sanctioned seats, 15% of the seats shall be reserved for disabled students in the hostels run by all the government/aided organizations of the State Government; concerned department shall issue guidelines in this regard.

(14)   It shall be mandatory to develop one or as per requirement more than one school/ college and skill development centre as Model of inclusive education/employment in Janpad Panchayat/District Headquarter of each district at initial stage.

Rule - 16. Specific measures to promote and facilitate inclusive education

(1)     It shall be the duty of Government of Chhattisgarh, Education Department to identify school going children with disabilities of the State in the age group of 06 to 18 years and first survey shall be conducted within a period of 2 years from the date of coming into force of this Act.

(2)     For immediate identification of children with disabilities in the State in the age group of 0 to 06 years; after survey and identification it shall be transferred for further action by Department of Women and Child Development,

(3)     In order to prevent and treat disabilities among children, parents shall be given training and counseling through Anganbadi workers and it shall be the duty of in-charge department to train human resources of Anganbadi centers.

(4)     Government of Chhattisgarh, Department of Women and Child Development shall be Nodal Department for providing facilities and resources to the disabled residents of hostels in accordance with the provisions of Juvenile Justice Act, 2015.

CHAPTER 4 SKILL DEVELOPMENT AND EMPLOYMENT

Rule - 17. Vocational training and self employment

(1)     Under sub-section (1) of Section 19, syllabus of aided ITI, Polytechnic, Engineering and Mukhyamantri Kaushal Vikas Programmes run by State Government for providing professional training to persons with disabilities shall be developed as per facility to persons with disabilities.

(2)     In order to provide benefit from professional training to persons with disabilities, separate unit cost and batch size shall be fixed and it shall be ascertained to have special teachers (trained in visually impaired, hearing impaired, physical disability) for persons with disabilities on the basis of disability.

(3)     It shall be the duty of Government of Chhattisgarh, Social Welfare Department and other loan providing departments to provide loan at concessional rates to persons with disabilities for self-employment.

Rule - 18. Manner of publication of equal opportunity policy

(1)     Under Section 2 of the Act, every establishment shall publish policy of equal opportunity for persons with disabilities as per defined provision/type of disability.

(2)     Preference shall be given by the establishment to display policy of equal opportunity on its website, in absence of website it shall be displayed at a conspicuous place in the campus.

(3)     In addition to others, following shall also be the provisions in policy of equal opportunity of Government and private organizations having twenty or more employees, namely:-

(i)       Facilities and services made available to the persons with disabilities that shall enable them to perform their duties effectively in the establishment;

(ii)      List of entire posts for persons with disabilities in the organization;

(iii)     Persons with disabilities shall be given preference in the method of selection on various posts, training after/before appointment, promotion, transfer, posting, special leave, allotment of accommodation and other facilities;

(iv)    Nodal Officer shall be nominated by all the establishment for taking care of appointed persons with disabilities, provide benefit of assisted devices, barrier free access and to other provisions;

(v)      Nodal Officer shall examine the facilities and services for such employees.

(4)     Facilities and services for persons with disabilities by private establishment having less than twenty employees under the policy of equal opportunity shall be contained within it so that they are able to perform their duties effectively in the establishment.

(5)     Each establishment shall provide information disposal complaint received every year and complaints pending etc. to the Nodal Officer, State Commissioner persons with disabilities.

Rule - 19. Mode of Maintenance of records by organizations

(1)     Each establishment shall maintain the records in hard and soft copies, which includes in the form of register or computer or tab or any other electronic form or any type of written information whether it is expressed in normal or machine language and such other documents, which are useful for the purpose of these rules.

(2)     Every establishment shall maintain record of following particulars, which shall be made available to Social Welfare Department every year in the month of January, i.e. :-

(i)       Number of persons with disabilities employed and the date from which they are employed;

(ii)      Name, gender, name of post, category and address of such employed persons;

(iii)     Type of disability (with special identity card number for such persons with disabilities) of such employed persons;

(iv)    Nature of work done by such employed persons;

(v)      Special facilities made available for such persons with disabilities;

(3)     Every establishment shall verify the documents as required by authorised person.

Rule - 20. Inspection of Records

(1)     Every establishment shall make available records kept for inspection under these rules, on demand by the representatives nominated by Social Welfare Department, labour Department and Collector to the officers appointed under this Act and provide such information which is for the purpose of knowing that whether the provisions are complied with or not.

(2)     If upon inspection, it appears that concerned department is not complying with the provisions of the Act, then inspecting officer shall inform in writing about the deficiencies found during inspection to the Collector at District Level and to concerned department at State Level.

Rule - 21. Appointment of Grievance Redressal Officer

(1)     Every Government establishment shall appoint an officer not below the rank of Gazetted Officer as "Grievance Redressal Officer" within six months from the commencement of this rule.

(2)     Disposal of complaint shall be done by Grievance Redressal Officer within 90 days, reason shall be given in case the complaint is not disposed of and shall give updated information of the received complaints to State Commissioner persons with disabilities.

(3)     Appointment of Grievance Redressal Officer and complaint received by Complaint Redressal Officer and information with regard to disposal of complaint shall be informed to State Commissioner of Persons with Disabilities.

(4)     Each department shall provide information with regard to appointment / nomination of Grievance Redressal Officer on its website, in absence of website it shall be displayed at a conspicuous place in their campus.

(5)     For this purpose, Grievance Redressal Officer shall keep a register for complaints which shall contain following entries:-

(i)       Date of complaint made;

(ii)      Name of Complainant;

(iii)     Name of person investigating the complaint;

(iv)    Place of incident;

(v)      Name of establishment/organisation or person against whom complaint is made;

(vi)    Summary of Complaint;

(vii)   Documentary evidence, if any;

(viii)  Date of disposal of Complaint by Grievance Redressal Officer;

(ix)    Brief details of disposal of appeal by District Level Committee;

(x)      Any other information.

(6)     If no solution is achieved upon action done by "Grievance Redressal Officer" on the complaint then he may appeal before District level Committee on disability, which shall be as follows:-

(i)       Representative nominated by the Collector - Chairperson

(ii)      Assistant Commissioner or Labour Officer of Labour Department – Member

(iii)     Joint / Deputy/Assistant Director, Social Welfare Department - Member-Secretary

CHAPTER 5 SOCIAL SECURITY, HEALTH AND REHABILITATION

Rule - 22. Social Security

Guidelines issued from time to time shall be followed for the benefit of schemes/programmes run by the State Government for disabled persons.

Rule - 23. Healthcare

(1)     Guidelines shall be laid and notified within 06 months for providing facility of free health check up, diagnosis, therapy and separate line for persons with disabilities in Government Hospitals by Public Health, Family welfare and Medical Education Department.

(2)     In all Government Hospitals of the State, information on every aspect shall be displayed for barrier free environment.

(3)     Before providing license to all private hospitals under Chhattisgarh Nursing Home Act 2015, it shall be mandatory to provide barrier free facility as prescribed under subsection (2), at district level, Chief Medical and Health Officer shall be the Nodal Officer.

(4)     Following committee shall be constituted under the Chairmanship of Director, Directorate of Health Services after survey of persons with disabilities, discussion on research work for implementation:-

(i)       Director, Directorate of Health Services – Chairperson

(ii)      Head of the Department, Community Health, Pt. Jawaharlal Nehru Medical College Raipur (Chhattisgarh) – Member

(iii)     Additional Director, Directorate of Social Welfare – Member

(iv)    Deputy Director, Health Services Request may be made to the Director, Health Services/Director Social Welfare in order to nominate additional subject specialist as member in the said committee. - Member-Secretary.

(5)     For complete therapy of the persons with disabilities, Public Health, Family Welfare and Medical Education Department shall make all arrangements at District Headquarter or if required at Janpad Panchayat Headquarter, this facility shall be mandatory within two years from the commencement of this rule.

(6)     Scheme shall be devised by social welfare department for rehabilitation of persons with disabilities (forty percent/ more than forty percent) in left extremist affected areas.

(7)     Every year Public Health, Family Welfare and Medical Education Department shall display survey on the basis of disability, Medical certificate (with UDID card), facilities provided and number for persons with disabilities in its annual/administrative report.

Rule - 24. Rehabilitation

Schemes/Programmes run by various departments under the State Government shall make special provisions for rehabilitation of persons with disabilities and shall display number of facilities provided to the persons with disabilities in their annual departmental / administrative report every year.

Rule - 25. Research and Development

At State Level, State Government shall constitute following committee for accessible, easy and independent livelihood for persons with disabilities:-

(1)     Director, Directorate of Social Welfare – Chairperson

(2)     Director, Directorate of Panchayat – Member

(3)     Director, Urban Administration – Member

(4)     Director, Directorate of Higher Education – Member

(5)     Director, Technical Education, Employment and Training – Member

(6)     Joint Director, State Resources and Rehabilitation Centre - Member-Secretary

Additional Subject Specialist member shall be included in the said committee upon request to Director, Directorate of Social Welfare.

CHAPTER 6 SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES

Rule - 26. Identification of posts for reservations

(1)     Government of Chhattisgarh, General Administration Department shall constitute committee in various Government establishment for identification of posts in accordance with persons with disabilities, the committee shall identify posts department wise and post wise within one year in accordance with the directions issued from time to time.

(2)     The said Committee shall assess the identified posts within three years.

Rule - 27. Reservation for employment

(1)     For employment of persons with disability, every Government establishment shall make reservations in accordance with the directions issued from time to time by the Government of Chhattisgarh General Administration Department, reservation shall not be less than that in the Act. Reservation shall be for the following categories:-

(i)       Visually impaired and low vision;

(ii)      Deaf and hard of hearing;

(iii)     Locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;

(iv)    Autism, intellectual disability, specific learning disability and mental illness;

(v)      Multiple disabilities from amongst persons under classes (i) to (iv).

(2)     Government of Chhattisgarh, General Administration Department shall issue detailed instructions to all departments in this regard for necessary action.

Rule - 28. Computation of vacancies

(1)     For the purpose of computation of vacancies, total vacancies in cadre number in each group of the posts, Government of Chhattisgarh, General Administration Department, as per issued instructions from time to time, shall take into calculation persons with benchmark disabilities,

(2)     As per the provisions of Section 34 of the Act, type of benchmark disability shall be in accordance with under sub-rule (1) of rule 27.

(3)     For the purpose of computation of vacancies in cadre number in each Government establishment / organisation for persons with disabilities, one vacancy based roster shall be kept in accordance with directions issued from time to time by Government of Chhattisgarh, General Administration Department,

(4)     Every Government establishment, while issuing the advertisement for filling up posts, along with number of vacancies reserved for persons in each category, shall display about benchmark disabilities as per the provisions of Section 34 of the Act, in addition shall also make available broadcast of advertisement and up to date information of filing of posts in prescribed form to the Nodal Department (Social Welfare Department).

(5)     Under the provisions of Section 4 of the Act, reservation for persons with disabilities shall be horizontal and compartment wise, reservation of vacancies for persons with benchmark disabilities shall be in separate category.

(6)     The Government of Chhattisgarh, General Administration Department shall issue detailed instructions to all departments for necessary action in this regard.

(7)     General Administration Department shall be Nodal Department for taking action under the provisions of rule 26, 27 and 28 and shall assess and supervise the works done every year, number of appointments on various posts for persons with disabilities in Government services shall be displayed every year by all departments/undertakings/corporation /board of the State Government in their annual/administrative report.

Rule - 29. Interchange of vacancies

(1)     Under provisions of Section 34 of the Act, Government establishments shall interchange the vacancies only when due procedure of appointment like advertisement published for filling up reserved posts for suitable persons with benchmark disability has been followed and after following entire procedure for appointment no person with disability is available for the post.

(2)     In such a situation, interchange of vacancies shall be done only upon directions issued by Government of Chhattisgarh, General Administration Department and committee constituted in this behalf.

Rule - 30. Presentation of returns

(1)     Every Government establishment shall submit the form of persons with disabilities to Local Employment Exchange in Employee Return Form-I from 1st April to 31st March once in six months and in Form-II shall submit the return once in two years.

(2)     Half yearly return shall be submitted within 30 days from concerned date i.e on 31st March and 30th September in each financial year.

(3)     Biannual return shall be submitted within 30 days of completion of every alternate financial year.

Rule - 31. Form to keep the record by the employer

Employer of each Government establishment/organisation shall keep the record of employee with disabilities in Form III.

Rule - 32. Incentives to employers in private sector

Employers of private sectors who are authorized from all departments of Government who have employed at least five percent of persons with disabilities out of total human resources, shall frame scheme within one year and issue instructions to provide incentives.

Rule - 33. Special Employment Exchange

Special Employment exchange that shall be notify the vacancies under Section 36 of the Act:-

(1)     Such vacancies of Technical and Scientific nature of posts in establishment/ institution under the State Government under the Act shall be notified in Gazette by the Special Employment Exchange.

(2)     Vacancies other than specified vacancies in sub rule (1) shall be notified in related local special employment exchange.

(3)     District employment exchange run under the district shall keep entire record of such persons with disabilities who are unemployed and are diligent for employment and shall appoint one officer/employee as Nodal specially for such persons with disabilities.

(4)     Skill development, Technical Education and employment, Science and Technology Department shall be Nodal Department for carrying out all the proceedings under sub-rule (1), (2) and (3) of rule 33.

CHAPTER 7 SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS

Rule - 34. Special arrangement for persons with disabilities with high support

(1)     Under subsection (1) of Section 38 of the Act, such person with disability, who considers himself to be in need of high support, Government of Chhattisgarh, Social Welfare Department shall notify to authorise Joint/Deputy Director, District Office Social Welfare Chhattisgarh to provide high support to such persons with disabilities.

(2)     Under sub-section (2) of Section 38 of the Act, for such persons with disabilities, who are in need of high support, marked by Joint/ Deputy Director, District Office Social Welfare Department, Assessment Board shall be constituted at District Level to certify the nature of such special cases, as under :-

(i)       Collector or Representative (Additional/ Not below Joint Collector) – Chairperson

(ii)      Chief Medical and Health Officer – Member

(iii)     Joint/Deputy Director, Social Welfare - Member-Secretary

(iv)    Social activist or Psychiatrist - Member

At least one representative shall be a female from among the representatives mentioned above. Disposal of case shall be done within 60 days.

(3)     Appeal Board shall be constituted at Division Level against the order passed by Assessment Board constituted under sub-rule (2) of rule 38, as under:-

(i)       Divisional Commissioner or his representative – Chairperson

(ii)      Joint Director, Health Department – Member

(iii)     Joint/ Deputy Director, Social Welfare - Member-Secretary

(iv)    Social Activist or Psychiatrist - Member

At least one representative shall be a female from among above representatives, for clause (ii) and (iii) District officer of Division Headquarter shall only be nominated, appeal shall be disposed off within 30 days.

(4)     On the basis of availability of financial and other resources, Joint/Deputy Director, District office Social Welfare shall make facilities available for persons with disabilities who are in need of high support.

(5)     Facilities to be provided to persons with disabilities in need of high support shall only be upon recommendation of Assessment Board.

CHAPTER 8 DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS

Rule - 35. Awareness campaigns

(1)     Under Section 39 of the Act, the Government of Chhattisgarh Social Welfare Department shall notify authority as guidelines issued from time to time for conducting awareness campaigns for safety, protection and promotion of rights of persons with disabilities.

(2)     As per requirement, the State Government shall provide sufficient allotment of funds for running awareness campaigns.

Rule - 36. Accessibility

Every establishment shall comply with following norms:-

For accessibility Central/State Government shall issue guidelines from time to time for the physical environment, transportation and information and communication technology, such as:-

(i)       Public building norms like "Harmonized Guidelines and Space Standards for persons with disabilities and Elderly Persons" notified in March, 2016 by Government of India, Urban Welfare Department.

(ii)      Specified Public Bus Transport Body code like in notification No.Sa.Ka. 895 (A), dated 20th September, 2016, issued by Government of India, Ministry of Road and Highway Transport.

(iii)     National Building Code of India, 2016, as amended or issued from time to time.

(iv)    Information and Communication Technology:-

(A)     Guiding principles of website of Government of India as adopted by Administrative reforms and Public Grievance Department, Government of India;

(B)     Documents to be kept on website shall be in a prescribed form like ePUB or OCR based PDF form;

(C)     Web Content Accessibility Guidelines (WCAG) 2.0;

(D)     Guidelines for Indian Government Website;

But accessible norms related to other services and facilities shall be in accordance with guidelines issued by Government of India, Ministry of Social Justice and Empowerment, New Delhi that runs accessible India campaign.

Rule - 37. Review of accessible norms

Government of India, Ministry of Social Justice and Empowerment, New Delhi shall review the related accessible norms on the basis of latest scientific information and technology from time to time. This shall be followed by all departments of the State Government.

Rule - 38. Time limit for making existing infrastructure and premises accessible and action for that purpose

(1)     As per the instruction of Government of India, Ministry of Social Justice and Empowerment, Department of Empowerment of persons with disabilities circulated under accessible India Campaign and under sub-section (1) of Section 45 of the Act, all Government and public building in the State should be made barrier-free for persons with disabilities.

(2)     For accessibility at public and private places necessary action shall be taken by the concerned Department of rural/urban body authority.

(3)     On the basis of available resources in all departments, maximum time limit shall be 10 years for accessibility, upon approval of Nodal department time limit may be extended on case to case basis and shall complete the work in prescribed time limit.

(4)     Action plan shall be prepared within 90 days and made available to Commissioner, Persons with Disabilities Chhattisgarh and Secretary, Government of Chhattisgarh, Social Welfare Department and shall also display on the website of the department, in the absence of website it shall be displayed at a conspicuous place in their premises.

(5)     All construction, transportation, information technology department/agency shall constitute appropriate team of accessible audits and shall get accessible auditing and complete auditing by that team.

(6)     While granting permission for building of concerned department, road, website, construction agency, transport facility and transport management construction agencies and permission to others, sanctioning authority shall include permission for accessibility.

(7)     Examination list be prepared for complying with rule in clause (6), if not complied with or upon violation there shall be provision of necessary penalty and punishment.

Rule - 39. Time limit for accessibility by service providers

Under Section 46 of the Act, all the departments of the State Government shall formulate rules within 02 years to ensure accessibility, Government of Chhattisgarh, Social Welfare Department may grant extension of time upon showing appropriate reason.

Rule - 40. Human Resource Development

(1)     Within 06 months of coming into force of rules, concerned department shall give mandate training on disability rights in all courses for the training of Panchayati Raj Members, Legislators, Administrators, Police Officials, Judges, Lawyers, and other businessmen.

(2)     Within 02 years of commencement of rules, concerned department shall induct subject related to disability in all education courses for schools, colleges and universities, teachers, doctors, nurses, paramedical personnel, human resources of Social Welfare department, rural development officers, mitanin workers, anganwadi workers and other, educational and professional workers.

(3)     Within 01 year of commencement of rules, all departments shall initiate capacity building programmes including training in independent living and community relationships for families, member of community and other stakeholders and care providers on care giving and support.

(4)     Within 01 year of commencement of rules, all departments shall ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect.

(5)     Within 02 years of commencement of rules, Government of Chhattisgarh, Sports and Youth Welfare Department shall conduct training programmes for sports teachers with focus on sports, games, adventure activities.

Rule - 41. Implementation Committee

(1)     Apart from obligation in sub-section (3) of Section 47 of the Act, following State Level Implementation Committee shall be constituted to review implementation at State level:-

(i)       Secretary, Government of Chhattisgarh, Social Welfare Department – Chairperson

(ii)      State Commissioner, Persons with Disabilities Chhattisgarh – Member

(iii)     Director, Directorate of Social Welfare – Member

(iv)    Managing Director, Chhattisgarh Persons with Disabilities Finance and Development Corporation – Member

(v)      Joint Director, State Resources and Rehabilitation Centre - Member-Secretary

In the said committee, additional subject expert or specially invited member may be included upon request made to the Chairperson.

(2)     Specially invited subject expert, non government member shall be given allowance for meeting, travel and other as per directions issued from time to time by Government of Chhattisgarh, Department of Finance, which shall be paid in accordance with the directions issued under destitute fund/Section 88 of the Act and rule 98 of this rules of the State and State Government from time to time for persons with disabilities.

(3)     Duties of Implementation Committee:-

(i)       Ensure action for implementation, evaluation and supervision of the Rights of Persons with Disabilities Act, 2016;

(ii)      Appropriate action to publicity for persons with disabilities, build environment etc. for sensitivity;

(iii)     Action to implementation for instructions of new welfare scheme/programmes for persons with disabilities;

(iv)    Effort to make funds available for said actions.

(4)     If committee receives report from concerned person, department, agency, and organisations with regard to deficiency in implementation then concerned shall present such works scheme within 3 months to show cause for the time required to remove these deficiencies.

(5)     Information with regard to report in deficiency in implementation and time taken to fill the deficiencies shall be displayed on the website of department/organisation, in absence of website it shall be displayed at a conspicuous place in the office campus.

Rule - 42. Social Audit

Audit of implementation of schemes/programmes run by all departments for persons with disabilities shall be done by person/institution/ organisation/experts authorised by Government of Chhattisgarh, its expenses shall be borne by concerned department.

CHAPTER 9 REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS

Rule - 43. Competent Authority

For the purpose of sub-section (1) of Section 51 of the Act, officer nominated by the Government of Chhattisgarh shall be competent authority for the purpose of registration of institutions to be established under Section 50 of the Act.

Rule - 44. Recognition of non government organisations

(1)     All organisations either run by State Government or voluntary organisation running for education, training, care and other services for persons with disabilities shall be registered under Section 50 of the Act, even if the organisations were registered or licensed under some other Act in force at the relevant time:

Provided that any organisation working for care of mentally ill persons, holding legal license under Section 80 of Mental Health Care Act, 2017 or under any other Act in force at the relevant time shall not be required to be registered under the Act, only information to be given.

(2)     Concerned non government voluntary organisation shall apply in prescribed form to Joint/ Deputy Director, District office Social Welfare Department of concerned district.

(3)     The following documents shall be annexed along with the application :-

(i)       Documentary evidence indicating work done in the field of disability;

(ii)      Constitution, bye-laws and regulations etc. governing the organizations;

(iii)     An annual report of past 03 years and certificate and details etc. of its presentation to Competent Authority;

(iv)    An audit report examined by Chartered Accountant, report correcting deficiencies pointed out during audit, details of proceedings carried out on report and aid/grants received in past 03 years;

(v)      Name of persons employed in the organisation, their educational qualification and their total number and information with regard to their duties and allowance paid to them;

(vi)    Number of experts employed in the organisation, their names and educational qualification and information related to the qualification;

(vii)   Declaration shall be made by the organisation before the competent authority with regard to earlier records of conviction or involvement in other illegal activities and that they are not black listed by the Central or State Government;

(viii)  Domicile certificate of applicant, his address, E-mail, Phone Number, Mobile Number and information of website of organisation;

(ix)    Other documents required by the department.

(4)     Every organisation applying under sub rule (1) shall fulfil following requirements with regard to the organisation:-

(i)       Organisation is working in the field rehabilitation of persons with disabilities from more than 3 years immediately before applying;

(ii)      Organisation is registered under Societies Registration Act, 1860 (No. 21 of 1860) or under any other law applicable in the State at the relevant time and shall submit copy of such registration certificate alongwith application, bye-laws of organisation and copy of Memorandum of Association;

(iii)     Oath Certification for organisation is not running for interest of personal or private body;

(iv)    In order to provide food and to fulfil other special necessities, the organisation has appointed professionals registered under the Rehabilitation Council of India;

(v)      Organisation has sufficient educational, knowledgeable and other learning materials available for persons with disabilities;

(vi)    Organisation has submitted audited accounts and annual report to the competent authority and evidence with regard to submission before competent authority and details of proceedings done to overcome the deficiencies pointed out in report during audit;

(vii)   Details/particulars of accessible environment with physical infrastructure, inclusive education, employment, social status, water, electricity, hygiene, cleanliness and entertainment facilities;

(viii)  Resolution of controlling body to run organisation or shelter home;

(ix)    Particulars schemes to provide services like medical, professional, educational, advice etc. to persons with disabilities in cases of new applicants and also such services provided by existing organisations;

(x)      Management regarding safety, protection, and accessible transport;

(xi)    Details of other assisting services run by the organisation;

(xii)   Details of link and network with other Government, Non-Government, Corporate and other communal agencies providing necessity based services to persons with disabilities;

(xiii)  Details of registration and funds available under Foreign Contribution Regulation Act, if any;

(xiv)  Appropriate action shall be taken for hygiene by the competent authority and for implementation of such other Acts and rules of organisation (like provisions of Juvenile Justice Act, Labour Law, Indian Trust Act, Mental Health Care Act, Maintenance of Parents Act, Nursing Act, Fire Extinguishing Service Act, Rehabilitation Council of India Act etc.);

(xv)   Any other norms as prescribed by the State Government.

(5)     Upon receipt of application Joint/ Deputy Director, District office, Social Welfare shall examine the activities of the organisation and prepare details of inspection report within 30 days.

(6)     After proceeding in clause (5) proposal shall be submitted to the competent officer along with recommendation of District Collector within 20 days.

(7)     After receipt of report, competent authority shall issue registration certificate after verification and reconciliation within a period of 40 days under the provisions of Section 50 of the Act.

But after receipt of application it shall be mandatory to issue registration certificate to the organisation within 90 days as shown herein:-

(8)     Registration certificate shall be valid for a period of 05 years from the date of issuance, but voluntary organisation shall submit report to the Joint/Deputy Director, District Office, Social Welfare with regard to the activities done every year.

(9)     An application for renewal of a certificate of registration shall be made to Joint/Deputy Director, District office, Social Welfare not less than 90 days before the expiry of the period of its validity.

(10)   Application received for renewal of registration certificate of organisation, shall be issued within 30 days by District Office, within 20 days by District Collector and within 40 days by competent officer.

(11)   If organisation does not apply for renewal of registration before expiry of period of registration, then such organisation shall not be a registered organisation under the provisions of Section 50 of the Act and further management of its beneficiaries etc. shall be taken over by the concerned District Collector.

(12)   If upon inspection or annual review it is found that Act and rules prescribed there under for education-training, protection, rehabilitation and recirculation services and adherence to norms for management of organisation is not satisfactory or facilities are insufficient then State Government may terminate the recognition of management of organisation, in such a situation concerned District Collector shall carry out future management of its beneficiaries.

Rule - 45. Refusal to issue registration certificate

Competent officer after giving a considerable opportunity of hearing to the applicant within 15 days shall pass a "speaking order" refusing to issue certificate, special reason shall be specified in the order of refusal of issuance of certificate and shall be informed to the applicant by registered post or speed post and E-mail.

Rule - 46. Legality of registration certificate

Registration certificate issued under Section 50 of the Act shall be valid and legal for a period of 5 years until it is dismissed under Section 52 of the Act.

Rule - 47. Revocation of registration

(1)     Notice shall be issued by competent authority/officer giving reasonable opportunity while cancellation of certificate of registration granted under sub-section (2) of Section 51 of the Act, specific reasons shall be mentioned in the notice for cancellation of registration and applicant shall accordingly be informed by registered post or speed post and E-mail.

(2)     Upon termination of recognition of organisation registered under sub-section (2) of Section 51 of the Act, recognition and grant shall automatically terminate, in such a situation concerned District Collector shall take care of future management of its beneficiaries.

Rule - 48. Appeal against order of competent authority/officer

Any person or organisation aggrieved by the order of competent authority refusing to grant a certificate of registration or cancelling a certificate of registration may, within a period of 30 days, prefer an appeal to Secretary, Government of Chhattisgarh, Social Welfare Department against such refusal or cancellation, decision of appellate authority shall be final and binding.

Rule - 49. Assistance to registered institutions

Government of Chhattisgarh Social Welfare Department shall grant financial assistance to registered organisations working in the field of disabilities as per departmental sanction / rules for grants.

CHAPTER 10 CERTIFICATION OF SPECIFIED DISABILITIES

Rule - 50. Issuance of disability certificate by certifying authority

In charge Medical officer of Government Hospital shall be competent authority to issue the disability certificate. Chief Medical and Health Officer/Civil Surgeon of concerned District shall appoint separate competent authority for every hospital under his jurisdiction.

Rule - 51. Application for disability certificate

(1)     Any person with specified disability shall apply and submit application for disability certificate to the following:-

(i)       Any medical officer or any other notified competent officer shall issue certificate described as evidence with regard to residence of applicant in the district or as described in Schedule-I.

(ii)      Competent Medical officer of any Government Hospital from where he getting treatment or got treatment for disability:

Provided that if any disabled person is a minor or is mentally disabled or is suffering from such disability that he is unable to apply, then application shall be made on his behalf by his legal guardians or by such registered organisation taking care of said person with disability under the Act.

(2)     The following documents shall be annexed along with the application:-

(i)       Proof of residence (Domicile), proof of residence of legal guardians in case of disability notified under National Trust Act;

(ii)      Two recent passport size photographs, photograph must show disability;

(iii)     Aadhar Number or Aadhar enrollment number, if any.

Rule - 52. Issuance of disability certificate

(1)     On receipt of application, Medical officer, or any other notified competent officer shall verify the information given by the applicant.

(2)     Shall assess the disability of the concerned person in accordance with guidelines issued by Central Government and after complete satisfaction that the applicant is a disabled person, issue disability certificate in his favour in prescribed form.

(3)     Medical Officer shall issue disability certificate within 30 days from the date of receipt of application.

(4)     After proper examination, Medical officer shall:-

(i)       Issue permanent disability certificate in such cases where there is no possibility of any progress in the level of disability with the passage of time; or

(ii)      Issue temporary disability certificate in such cases where there is possibility of progress in the level of disability with the passage of time and shall also mention the period of its validity.

(5)     If any applicant is not found fit for issuance of disability certificate then Medical Officer shall inform in writing mentioning the reasons within a period of 30 days from the date of receipt of application.

(6)     Within a period of 03 months of coming into force of these rules, disability certificate and U.D.I.D. card shall be issued online on the web portal www.swavlambancard.gov.in of Government of India.

Rule - 53. Certificate issued shall generally be valid for all purposes

(1)     Any person in whose favour disability certificate has been issued, he shall legally be valid to all facilities, discounts and benefits admissible to persons with disabilities under the schemes run by Government and Financially Aided Voluntary Organisations.

(2)     Such person under such terms shall be eligible to apply as specified in appropriate schemes or as specified by instructions.

Rule - 54. Appeal

Any person aggrieved with the decision of the competent officer shall appeal to the Chief Medical and Health Officer within sixty days and it shall be mandatory to decide the appeal within thirty days, Government of Chhattisgarh, Public Health and Family Welfare and Medical Education Department shall issue detailed instructions within ninety days of coming into force of these rules.

CHAPTER 11 STATE ADVISORY BOARD FOR PERSONS WITH DISABILITIES

Rule - 55. State Advisory Board

(1)     In exercise of powers conferred under clause (1) of Section 66 of the Act, State Advisory Board is constituted for persons with disabilities, which shall review and assess welfare programmes/schemes for persons with disabilities, constitution of Board shall be as follows:-

(i)       Honble Minister , Social Welfare Department – Chairperson

(ii)      Three Legislators (Name shall be referred by Government of Chhattisgarh, Social Welfare Department – Member

(iii)     President, Chhattisgarh Persons with Disabilities Finance and Welfare Corporation – Member

(iv)    President Chhattisgarh Yog Ayog – Member

(v)      Additional Chief Secretary/Principal Secretary/Secretary, Government of Chhattisgarh, Panchayat and Rural Development, General Administration Public Health & Family Welfare and Medical Education, Women and Child Development, Skill Development, Technical Education and Employment, Science and Technology, Finance, School Education, Higher Education, Urban Administration and Development , Housing and Environment, Commerce and Industry, Sports and Youth Welfare, Transport, Law and Legislative Affairs, Public Works, Tribal & Scheduled Castes, Other Backward Classes and Minority Development Department – Member

(vi)    Secretary, Government of Chhattisgarh, Social Welfare Department - Member-Secretary

(vii)   Director, Directorate of Social Welfare – Member

(viii)  Following categories of members nominated by State Government - Five members who are experts in the field of rehabilitation and welfare of persons with disabilities (Rotation on the basis of disability as provided in the Act) – Member

(ix)    05 Members representing district (working in the field of rehabilitation and welfare of persons with disabilities in divisional rotation) – Member

(x)      10 persons with disabilities who have special achievement, out of which five shall be women, One of Scheduled Castes and One Scheduled Tribes – Member

(xi)    03 members of State Chamber and Commerce – Member

(2)     Under clause 2 (e) (ii) of Section 66 of the Act, five members to be nominated to represent the districts by rotation shall be as follows:-

(i)       Districts shall be arranged in descending order on the basis of population of persons with disabilities, on non-availability of population, districts shall be selected in accordance with the method laid down by Social Welfare Department;

(ii)      In each division, one district shall be selected where population of persons with disabilities is high and five members shall be nominated first time, who shall represent district in the board;

(iii)     After every three years, other districts shall be selected having high population of persons with disabilities. Procedure of nomination shall continue until all districts are not represented;

(iv)    Term of office of members representing above districts shall be three years;

(v)      Members shall be selected upon recommendation of Collector of concerned district.

(3)     Meeting of State Advisory Board shall be held once in a year, in special circumstances, special meeting shall be conducted with the permission of the Chairperson.

Rule - 56. Terms and conditions for members

(1)     Non Government members of State Advisory Board shall hold office for a term of 03 years from the date of their nomination.

(2)     The State Government may, if it thinks fit, remove any nominated member before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.

(3)     Any nominated member, may at any time resign his office by writing and signature addressed to the State Government.

(4)     A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the reminder of the term for which the member in whose place he was so nominated.

Rule - 57. Allowances for members of advisory board

(1)     The non-government members of State Advisory Board shall be paid admissible travelling allowances and daily allowances for each day of the meeting, as per the finance- instructions circulated by the Government of Chhattisgarh, Department of Finance and Planning Department, to the members of the Board/Commission/Corporation of State Government.

(2)     Members of State Advisory Board is not residing in Nava Raipur / Raipur shall receive actual travel expense or actual fare which is not more than Second Class A.C. fare by train journey.

(3)     Government members shall get the payment of daily allowance and travel allowance from the concerned department in which he is working only when he produces a certificate under the rules stating that he has not withdrawn such allowance from any other government concern for same travel and stay.

(4)     As specified in clause (1) and (2), payment of permissible travel/daily allowances to non government members of the committee shall be made from the State Fund constituted for persons with disabilities under Section 88 and rule 98 of the Act/ State destitute fund or in accordance with the directions issued by the Government from time to time.

Rule - 58. Disqualifications

(1)     No person shall be a Member of the State Advisory Board, who-

(i)       is insolvent or at any time has been adjudged insolvent by competent court or has suspended payment of his debts or has compounded with his creditors; or

(ii)      is of unsound mind and stands so declared by a competent court; or

(iii)     is, or has been, convicted of an offence which, in the opinion of the State Government, against moral turpitude; or

(iv)    is, or at any time has been, convicted for an offence under this Act; or

(v)      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.

(2)     No order of removal shall be made by the State Government unless the Member concerned has been given a reasonable opportunity of showing cause against the same.

(3)     Any Member who has been removed under this rule shall not be eligible for renomination as a Member.

Rule - 59. Functions of state advisory board

The State Advisory Board shall perform the following functions, namely:-

(1)     advise the State Government on policies, programmes, implementation of schemes for persons with disabilities.

(2)     develop a State policy for persons with disabilities.

(3)     review and coordinate the activities of all departments which are dealing with matters relating to persons with disabilities.

(4)     prepare new programmes for persons with disabilities.

(5)     take action with regard to barrier free environment, appropriate accommodation, equality for persons with disabilities.

(6)     Assessment of policies, schemes and programmes.

(7)     such other functions as may be assigned from time to time by the State Government.

Rule - 60. Intimation of meeting

(1)     Meeting of State Advisory Board shall be ordinarily conducted on such date as fixed by the Chairman.

(2)     Special meeting of State Advisory Board shall be conducted upon written request made by at least ten members.

(3)     Member-Secretary shall inform of meeting to the Members by carrier or at their address by speed/registered post or by any other means which the Chairman may think fit in the circumstances.

(4)     No member shall have right to raise any matter for discussion in the meeting without prior permission of the Chairman/Chairperson.

(5)     Chairman shall have right to adjourn the meeting of State Advisory Board.

Rule - 61. Presiding Officer

Chairman, State Advisory Board shall preside over every meeting of the Board and in his absence Vice Chairman shall preside over the meeting but when both Chairman and Vice Chairman are absent in any meeting then senior most member present shall preside over the meeting.

Rule - 62. Quorum

(1)     Quorum shall be completed when one-third of total members of State Advisory Board are present in the meeting, but if quorum is incomplete then if meeting is adjourned for 30 minutes then quorum shall not be necessary.

(2)     No discussion on adjourned meeting shall take place on any subject which is not the agenda of general or special meeting.

Rule - 63. Minutes

(1)     Member-Secretary shall keep a record of names of members who participated in the meeting and a register shall be maintained for the purpose of proceedings of meeting.

(2)     Minutes of earlier meeting shall be read out the beginning of next meeting and shall be approved by the Chairman and signed by him.

Rule - 64. Proceeding of transaction of meetings

Without permission of Chairman, no agenda shall be included in the proceeding or if member has not given information under sub rule (4) of rule 60 then such transaction shall not be done in the meeting.

Rule - 65. Agenda for meeting of state advisory board

(1)     Transaction of proceeding of any meeting shall be in such order as is specified in the agenda, unless otherwise it is permitted by the Chairman.

(2)     At the beginning or at the end of discussion on any proposal in the meeting, President or Member may suggest change in the order of proceeding mentioned in the agenda and if the Chairman agrees then such change shall be done.

Rule - 66. Resolution By Majority

All questions considered at a meeting of the Committee shall be decided by a majority of votes of the members present and the members voting . If there are equal number of votes then decisive vote shall be of Chairman or in absence of Chairman, of Vice Chairman or in absence of both, second or decisive vote shall be of member presiding over the meeting.

Rule - 67. Vacancies or any other defect not to invalidate proceedings

No proceeding of the State Advisory Board shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of such Board.

Rule - 68. District Level Committee on disability

(1)     In exercise of the powers conferred under Section 72 of Act, District Level Committee shall be constituted for persons with disabilities, which shall be as follows:-

(i)       Collector – Chairperson

(ii)      Chief Executive Officer, Zila Panchayat - Vice Chairperson

(iii)     Commissioner, Municipal Corporation – Member

(iv)    Chief Medical and Health Officer, Health Department – Member

(v)      District Education Officer, Department of School Education – Member

(vi)    District Programme Officer, Department of Women and Child Development – Member

(vii)   District Transport Officer, District Transport Office – Member

(viii)  Deputy Director/Principal (District Nodal) District Office, Department of Higher Education – Member

(ix)    General Manager, District Industry and Trade Centre – Member

(x)      Joint/Deputy Director, Department of Urban Administration – Member

(xi)    Chief Executive Officer, Janpad Panchayat – Member

(xii)   Chief Municipal Officer, Nagar Panchayat – Member

(xiii)  President, representative nominated by Zila Panchayat – Member

(xiv)  03 persons expert in the field of disability and rehabilitation (Rotation on the basis of disability provided in the Act) – Member

(xv)   05 members representative in the field of Urban/ Janpad Panchayat in rotation – Member

(xvi)  05 members of voluntary organisation with various disabilities out of which two women, one belonging to Scheduled Caste and one belonging to Scheduled Tribe – Member

(xvii) 03 members from District Chamber of - Member Commerce

(xviii)   Joint / Deputy Director, District Office Social - Member-Secretary Welfare

Non Government members in clause (xiv), (xv) and (xvi) shall be nominated by the Collector.

(2)     District Level Committee shall resolve the problems faced by persons with disabilities and shall take all necessary action for rehabilitation in co-ordination with all Government Departments/Non Government organisations and shall examine and assess the proceedings done.

(3)     Non Government nominated members shall hold office for a term of 03 years and nominated member shall again be eligible for a term of 03 years.

(4)     District Collector may, if it thinks fit, remove any nominated non Government member before the end of his term of office after giving him a reasonable opportunity of showing cause against the same.

Rule - 69. Functions of District Level Committee

(1)     Approval of Disability Welfare Annual Programme of District.

(2)     Review of up-to-date information with regard to persons with disabilities on the portal of Social Welfare Department.

(3)     Review of disability certificate and UDID card issued to persons with disabilities in the district.

(4)     Review of beneficiaries of various scheme for welfare of persons with disabilities.

(5)     To ensure appointment of persons with disabilities according to reservation in Government service.

(6)     To inspect the works done by non- government organisations in the district working for welfare of persons with disabilities by the Chairman or by members of committee authorized by the President.

(7)     Review of works done by all concerned departments under the Act working for persons with disabilities within an interval of six months.

(8)     To review the progress of educational activities and solution of problems of person with disabilities.

(9)     Review and issue instructions to provide barrier free environment within prescribed time limit.

(10)   Review and issue necessary instructions regarding inclusive education, employment and social development under Inclusive India Campaign.

(11)   Review interference, yearly detection and treatment etc. and other facilities and resources for persons with disabilities by concerned department.

(12)   Review works done for welfare of disabled persons from the budget received by concerned department at district level.

(13)   Review the works assigned by the State Government from time to time.

Rule - 70. Allowances for members of District Level Committee

(1)     Non- government members of District Level Committee shall be eligible to receive allowances for meeting per day in accordance with financial-instructions issued by the Government of Chhattisgarh, Department of Finance and Project as permissible for travel and daily allowance for members of Board/Commission/Corporation of State Government.

(2)     As specified in clause (1) and (2), payment of permissible travel/daily allowance to nongovernment members of the committee shall be made from the State Fund constituted for persons with disabilities under Section 88 and rule 100 of the Act/destitute fund raised in the district or in accordance with directions issued by the Government from time to time.

Rule - 71. Information of meeting

(1)     The meeting of the District Level Committee shall ordinarily be held at the District Headquarters on such date as may be fixed by the Chairman.

(2)     Meeting of committee shall be held at least once in six months.

(3)     It shall be mandatory upon the Member/Secretary to give information to the members with regard to meeting 15 days in advance.

(4)     In unavoidable circumstances, Chairman can adjourn the meeting of District Level Committee.

Rule - 72. Presiding Officer

Chairman, District Level Committee shall preside over every meeting of the committee and in his absence any senior member shall be nominated to preside over the meeting.

Rule - 73. Quorum

One third members shall be required to complete the quorum of the committee but if the quorum is not complete then meeting shall be adjourned for minimum 30 minutes and then quorum shall not be necessary.

Rule - 74. Minutes

(1)     Member-Secretary shall keep minute book which shall contain names and signatures of all members who participated in the meeting and details of all the proceedings of meeting shall also be noted down in it.

(2)     At the beginning of each forthcoming meeting, minutes of previous meeting shall be read out and shall be approved by the Presiding Officer presiding over such meeting and shall be signed by Presiding Officer.

Rule - 75. Proceeding of transaction of meetings

Without permission of Chairman no agenda shall be included in the proceeding or no transaction shall be done if Member-Secretary has not given information under sub-rule (3) of rule 71.

Rule - 76. Vacancy or any other defect to invalidate proceedings

No proceeding of District Level Committee shall be called in question on the ground merely of the existence of any vacancy or in any defect in the constitution of such committee.

CHAPTER 12 STATE COMMISSIONER FOR PERSONS WITH DISABILITIES

Rule - 77. State Commissioner For Persons With Disabilities

Under Section 79 of the Act, State Government shall appoint state Commissioner for persons with disabilities.

Rule - 78. Qualification for appointment of state commissioner, persons with disabilities

Under sub-section (2) of Section 79 of the Act, for the purpose of being eligible to be appointed as Commissioner, a person shall have to fulfil following terms and conditions, i.e.:-

(1)     He must have special knowledge and practical experience in respect of matters related to rehabilitation of persons with disabilities;

(2)     As per advertisement inviting applications for appointment of Commissioner, Persons with Disabilities, candidate should not have completed 65 years of age as on 1st day of January in the year of last date;

(3)     If he is employed under the Central/ State Government, then he must retire from the service before holding the office of Commissioner;

(4)     Such retired officers of All India Services of Central Government and Civil Services of State Government who have experience in the field of policy making and administration;

(5)     He should possess following educational qualification and experience, i.e.:-

(i)       Educational Qualification,-

(A)     Mandatory:- Graduate from any recognised University;

(B)     Desirable:- Post Graduate from any recognised University in any subject like Social Work/ Law/ Management/Human Rights/ Rehabilitation/all subjects in Humanities/ any one subject in education of persons with disabilities.

(ii)      Experience:- Should have at least 15 years from following types of one or more organisations at fixed levels:-

(A)     Should be at Class-I post and have experience of 03 years in judicial and quasi judicial decisions in Central/State Government/Public Sector Enterprise/in Semi Government or autonomous body or social area (Social Welfare/ General Administration/Health/Education/Poverty Eradication/Women and Child Development) working in the matters related to disability or

(iii)     Should have 15 years experience in the field of social work and must be eligible to take decisions in administrative/policy matters while posted as Senior Executive in renowned Private Sector Organisation and is able to run social welfare schemes of the organisation:

But out of 15 years of experience mentioned above, minimum 03 years experience in the State of Chhattisgarh is mandatory on the last date of inviting applications in the advertisement from candidates working in the field of empowerment of persons with disabilities.

Rule - 79. Disqualifications for State Commissioner, Persons for Disabilities

No person shall be eligible for the post of Commissioner, Persons for Disabilities, if he-

(1)     is insolvent or at any time declared insolvent; or

(2)     person of unsound mind or has been declared so by the competent court; or

(3)     person who has been convicted of such an offence which is violent in nature and against moral ethics in the opinion of the State Government; or

(4)     person who misused his powers as a State Commissioner, Persons with disabilities and found guilty and his services are against public interest;

(5)     he has completed two terms in his office as Commissioner, Persons with disabilities.

Rule - 80. Tenure of State Commissioner, Persons with Disabilities

Tenure of Commissioner, Persons with Disabilities shall be for 03 years.

Rule - 81. Headquarter of State Commissioner, Persons with Disabilities

Headquarter of Commissioner, persons with disabilities shall be Nava Raipur Atal Nagar, District Raipur, Chhattisgarh.

Rule - 82. Mode of appointment of State Commissioner

(1)     For Filing up vacant post of State Commissioner, Persons with disabilities, Chhattisgarh, following scrutiny cum selection committee shall be constituted under the Chairmanship of Principal Secretary/Secretary/Special Secretary, Government of Chhattisgarh, Social Welfare Department:-

(i)       Principal Secretary/Secretary/Special Secretary, Government of Chhattisgarh, Social Welfare Department -Chairperson

(ii)      Principal Secretary/ Secretary, Government of Chhattisgarh Law and Legal Affairs Department – Member

(iii)     Director, Directorate of Social Welfare, Chhattisgarh, Raipur – Member

(2)     The following shall be the procedure for selection of Commissioner, Persons with Disabilities:-

(i)       Director, Directorate of Social Welfare shall issue advertisement inviting applications for the post of State Commissioner, Persons with Disabilities. Advertisement shall be published in minimum two National and two State Level daily newspapers and in one English Newspaper at both Levels;

(ii)      Applications received shall be put forth before scrutiny cum selection committee constituted by the State Government;

(iii)     On the recommendation of Scrutiny cum Selection Committee State Government shall appoint State Commissioner, Persons with Disabilities and there shall be no appeal in this regard;

(iv)    Proceedings of meeting of scrutiny cum selection committee shall be confidential and no correspondence shall be permissible in this regard;

(v)      If State Government finds no candidate suitable for the post of State Commissioner, Persons with Disabilities then selection procedure shall be repeated.

(3)     Those candidates shall be eligible to participate who made application in response to advertisement in sub-rule (1) in the panel upon recommendation of committee and other eligible candidates found appropriate by the committee.

(4)     State Government shall appoint any one candidate recommended by scrutiny cum Selection Committee as State Commissioner, Persons with Disabilities for the State of Chhattisgarh.

Rule - 83. Tenure of Commissioner

(1)     Tenure of office of the State Commissioner shall be for 3 years or till he attains the age of 65 years whichever is earlier from the date he attains his office.

(2)     Tenure of office of the State Commissioner shall be for 3 years and shall be extended for one term or till he attains the age of 65 years.

Rule - 84. Salary and allowances of State Commissioner

Under sub-section (3) of Section 79 of the Act, the State Government shall fix the salary and allowance of State Commissioner, Persons with Disabilities in the following manner:-

(1)     State Commissioner shall be entitled for such salary and allowances as permitted by Principal Secretary, Government of Chhattisgarh;

(2)     If State commissioner is any retired Government servant or retired employee of any organisation or private body which is financially aided by the Government and who is getting pension from such previous services then pension amount shall be deducted from permissive salary under the rules. If he has received summed value against any part of his pension, then amount of such summed value of pension shall be deducted from the salary.

Rule - 85. Other terms and conditions of service of State Commissioner

(1)     State Commissioner shall be entitled for such leave as permissible for Officer of Principal Secretary Level of State Government.

(2)     State Commissioner shall be entitled for such travelling allowance as permissible for officer of Principal Secretary Level of State Government.

(3)     State Commissioner shall be entitled for such medical benefits as permissible for officers of Principal Secretary Level of State Government.

Rule - 86. Resignation and removal from post

(1)     State Commissioner may resign from his post by giving written information with his signature addressing Secretary, Government of Chhattisgarh, Social Welfare Department.

(2)     State Government may dismiss the post to any person who is a State Commissioner, giving opportunity of hearing, if he is:-

(i)       becomes insolvent;

(ii)      works in any paid employment during his tenure and involves in activities apart from duties of his office;

(iii)     convicted for such an offence or sentenced to jail which involves moral turpitude or violence in the opinion of the State Government;

(iv)    in the opinion of State Government, found unfit to perform his duties due to mental or body flabbiness or such serious default in performing his duties as stated in the Act;

(v)      remains absent continuously for 01 month or more without prior permission from the State Government;

(vi)    in the opinion of the State Government, abuses the office of the Commissioner in such a way that his continuance in office is against the interest of persons with disabilities.

Rule - 87. Competent Authority to Remove State Commissioner, Persons with Disabilities

Secretary, Government of Chhattisgarh, Social Welfare Department shall be the competent authority to remove the State Commissioner, Persons with Disabilities before expiry of his term of office.

Rule - 88. Vacant post of State Commissioner, Persons with Disabilities

Secretary, Government of Chhattisgarh, Social Welfare Department shall be In charge the State Commissioner, Persons with Disabilities upon vacant post of Commissioner, Persons with Disabilities.

Rule - 89. Staff for the office of State Commissioner, Persons with Disabilities

Under sub-section (4) of the Section 79 of the Act, the following human resources shall be made available to assist in discharge of functions of the State Commissioner, Person with Disabilities:-

(1)     Required staff shall be made available for the office of the State Commissioner, Persons with Disabilities;

(2)     Staff shall be under the administrative control of the State Commissioner, Persons with Disabilities.

Rule - 90. Advisory Committee for assistance of State Commissioner

(1)     In exercise of powers conferred under sub-section (7) of Section 79 of the Act, the Advisory Committee shall be constituted for assistance of the State Commissioner, Persons with disabilities, advisory Committee shall be as follows, namely:-

(i)       05 experts representing 05 categories of disabilities specified in the Schedule of the Act, out of which 02 shall be females;

(ii)      The following three nominated experts in the field of barrier free environment:-

(A)     One expert in physical environment;

(B)     One expert in transportation systems;

(C)     One expert in the field of information and communication technology or other services or facilities made available to the public.

(iii)     One expert in the field of employment of persons with disabilities;

(iv)    One legal Expert;

(v)      One expert for persons with disabilities recommended by the State Commissioner.

(2)     Commissioner shall have power to invite subject or domain expert as per requirement who shall assist him in meeting or hearing and for preparing report.

(3)     Members of the advisory committee shall be appointed for a period of 3 years and shall be eligible to be nominated again only once.

(4)     Non Government members of Advisory Committee of Commissioner shall be eligible to receive allowances for meeting per day in accordance with financial- instructions issued by Government of Chhattisgarh, Department of Finance and Planning, as permissible for travel allowance and daily allowance for members of Board/Commission/Corporation of State Government.

(5)     The members of the committee, who are not residing in Nava Raipur/Raipur, shall eligible to actual travelling expenses which are admissible to the First Class Officer of the State Government.

(6)     Government members shall receive the payment of daily allowance and travel allowance from the concerned department in which he is working only when he produces a certificate under the rules, stating that he has not withdrawn such allowance from any other Government concern for same travel and stay.

(7)     Payment of permissible travel/daily wages to non-government members of the committee shall be made in accordance with the directions issued by the Government from time to time. Until directions are issued, this payment shall be made from State destitute fund/State Fund constituted for persons with disabilities under Section 88 of the Act and rule 98.

Rule - 91. Procedure followed by the State Commissioner

Under Section 80 of the Act, the State Commissioner shall follow functions, as under:-

(1)     Aggrieved person, may file a case/complaint before the State Commissioner as petitioner in person or by his agent or shall send by speed/registered post or E-mail addressing the State Commissioner describing the following, i.e. :-

(i)       Name of aggrieved person, description and address;

(ii)      The Name description and address of the opposite party or parties, where they can be ascertained;

(iii)     Relevant facts of the complaint and when and where the cause of action took place;

(iv)    Documents in support of pleadings made in the complaint;

(v)      Relief claimed by the aggrieved person.

(2)     Upon receipt of case/complaint, the State Commissioner shall supply one copy to opposite party or parties on the address mentioned in the complaint and direct them to file their reply within 30 days or within extended period of 15 days as approved by the State Commissioner.

(3)     Parties or their agents shall remain present before the State Commissioner on the date of hearing or such other date when the hearing is adjourned.

(4)     Where complainant or his agent fails to remain present before the State Commissioner on such dates, the State Commissioner may dismiss the case in default or decide on the basis of merits.

(5)     Where opposite party or his agent fails to remain present before the State Commissioner on the date of hearing, he shall carry out such necessary proceeding under Section 82 of the Act as he think necessary to summon and call upon the opposite party to appear.

(6)     If necessary, the State Commissioner shall ex-parte dispose of the case.

(7)     The State Commissioner may adjourn the hearing of the complaint at any stage of the proceeding on such terms as he may deem proper.

(8)     As far as possible the State Commissioner shall decide the complaint within a period of 3 months from the date of receipt of notice by the opposite party.

Rule - 92. Submission of Annual Report

(1)     Under sub-section (1) of Section 83 of the Act, the State Commissioner persons with disabilities shall prepare and submit annual report to the State Government after the end of financial year which shall contain correct and complete details of action taken.

(2)     Under the provision of sub-section (2) of Section 83 of the Act, annual report shall be laid on board of Vidhan Sabha after authentication by authorised minister.

(3)     Information with regard to each of the following subjects shall be specified in the annual report, i.e.:-

(i)       One chart showing names and organisational set up of officers and employees of office of the State Commissioner, Persons with Disabilities;

(ii)      Under Section 80 and 82 of the Act, such acts which the State Commissioner, Persons with Disabilities is empowered to discharge and execution of other important subjects in this regard;

(iii)     Number of cases received and disposed of by the State Commissioner, Person with Disabilities and important recommendations made;

(iv)    Progress in the State after execution of provisions of the Act;

(v)      Information with regard to any other subject included by the State Commissioner, Persons with Disabilities and also information with regard to subject specified by State Government from time to time.

CHAPTER 13 SPECIAL COURT

Rule - 93. Special Court

For the purpose of providing speedy trial to persons with disabilities, the State Government, with the concurrence of High Court of Chhattisgarh, by notification, shall specify for each district, a court to be a Special Court to try offences under Section 84 of the Act. The Department of Law and Legislative Affairs shall be the nodal department for the proceedings under rule 93.

Rule - 94. Appointment of Special Public Prosecutor

Under sub-section (1) of Section 85 of the Act, Special Public Prosecutor shall be appointed as follows in each Special Court by Government of Chhattisgarh, Law and Legislative Affairs Department having :-

(i)       practical experience of disposing of cases of persons with disabilities,

(ii)      having practice experience as an advocate for not less than 07 years,

(iii)     having knowledge of local language and customs-traditions,

Rule - 95. Fees and other remuneration of Public Prosecutor

Under sub-section (2) of Section 85 of the Act, Special Public Prosecutor shall be entitled to receive such fees or remuneration as admissible for Public Prosecutor appointed by State Government in Sessions Court under The Code of Criminal Procedure, 1973 (1 of 1974).

CHAPTER 14 STATE FUND FOR PERSON WITH DISABILITIES

Rule - 96. Management of State Fund

Under sub-section (1) of Section 88 of the Act, there shall be constituted a fund called State Fund for welfare and rehabilitation of persons with disabilities, which shall include the following:-

(i)       Shall receive grants from the State Government, apart from this shall also arrange funds from donations, grants, contribution, financial assistance fees, rent, advertisement, and from other kinds of programmes;

(ii)      Destitute fund under Chhattisgarh Nirashriton Avam Nirdhan Vyaktiyon ki Sahayata Adhiniyam, 1970 (No.12 of 1970), every year 05% of destitute fund collected in the Districts and 10 % of State Destitute fund shall be apportioned and deposited;

(iii)     05% of the amount collected shall be apportioned and deposited every year in Corporate Social Responsibilities (C.S.R.) from relieved under Government and Private Enterprises run in Central/State Government in the State of Chhattisgarh;

(iv)    Royalty obtained from mining of minerals in the State under DMF shall be collected and its 05% shall be apportioned and deposited;

(v)      05% of amount collected every year in districts under Red Cross Committee in State of Chhattisgarh and 10 % collected under State Red Cross Committee shall be apportioned and deposited;

(vi)    Sum of money related to fund shall be deposited in such banks or invested in such a manner as is decided by Government body under simple directory principles of State Government.

Rule - 97. Management Committee of State Fund

(1)     In exercise of powers conferred under subsection (1) of Section 88 of the Act, a governing body shall be constituted for management of State Fund for persons with disabilities, the following shall be the form of management Committee of State Fund:-

(i)       Principle Secretary/Secretary, Government of Chhattisgarh Social Welfare Department – Chairperson

(ii)      Representative, Government of Chhattisgarh, Department of Finance – Member

(iii)     Director, Directorate of Social Welfare, Chhattisgarh - Member-Secretary

(iv)    Two persons with related disability representing persons with disabilities/organisations nominated(by State Government) in the Committee on rotation basis – Member

(2)     Meetings of committee shall be conducted from time to time as required but it shall be mandatory to conduct meeting at least once in 06 months.

(3)     Tenure of nominated Non Government Member shall be for a period of 03 years from the date of order and shall be eligible for nomination as a member for one more term.

(4)     State Government if it thinks appropriate may remove any nominated Non-Government member before expiry of his period of tenure only after giving a reasonable opportunity of showing cause.

(5)     During the period of membership, no member of the committee shall be beneficiary of the fund.

(6)     Nominated Non Government members shall be eligible for such permissive travel/daily allowance as is permissible to members attending meeting of State Advisory Board.

(7)     No person shall be nominated as non government member in the management committee, if he is -

(i)       Or has been convicted for such an offence which in the opinion of State Government amounts to moral turpitude.

(ii)      Declared or was declared insolvent at any time.

Rule - 98. Utilisation of Fund

(a)      Under the provisions of sub-section (2) of Section 83 of the Act, utilisation of State fund shall be for following purposes, i.e.:-

(1)     In providing financial assistance in such area which do not come under any scheme and programme of Central/State Government in any specified form or not financially aided under any scheme or programme of State Government in sufficient manner;

(2)     Destitute Fund under Chhattisgarh Nirashriton Avam Nirdhan Vyaktiyon ki Sahayata Niyam, 1999, shall be utilised for the purpose of welfare provisions made for persons with disabilities;

(3)     For payment of honorarium/travel expenses to Non-Government members of committee and board constituted under this Act;

(4)     For such other purposes as are recommended by State Advisory Board;

(5)     For every purpose, Commissioner/Director Social Welfare may spend maximum amount of Rs. 10 lakhs. Upon approval of Government of Chhattisgarh, Social Welfare Department, more amount may be disbursed as is already sanctioned;

(b)      Committee shall appoint staff along with accountant on such terms and conditions as it finds proper for taking care of management and utilisation of State Fund.

Rule - 99. Budget

(1)     Funds received in State Fund for persons with disabilities shall be kept in listed and distinguished Bank by Finance Department, Government of Chhattisgarh.

(2)     Withdrawal of State Fund from the bank shall only be done under twin signature method upon approval of Commissioner/ Director, Directorate of Social Welfare.

(3)     Audit of financial accounts of State Funds shall be done every year by Chartered Accountant authorised by the administrative department. Same Chartered Accountant shall not audit the accounts continuously for 3 times:

Provided that nomination of other organisation by Department to audit financial accounts of State Fund shall be upon recommendation of management Committee.

(4)     Directorate shall get the audit of accounts of State fund done by Chartered Accountant for every financial year and shall submit audit report along with utility certificate for grants obtained in financial year to Government of Chhattisgarh, Social Welfare Department.

(5)     Administrative department shall have right to demand accounts of State Fund at any time and Directorate, Social Welfare shall be bound to produce the same.

Rule - 100. Administrative/Annual Report

(1)     A chapter on State Fund for person with disabilities shall be included in the departmental annual / administrative report of Government of Chhattisgarh Social Welfare Department.

(2)     Numerical information along with percentage with regard to financial (expense) and physical achievement for persons with disabilities out of total beneficiaries from allotment (scheme/head-wise) in financial year in the scheme/programmes run by various departments of the State Government shall be mentioned.

Rule - 101. Repeal and savings

The Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Rules, 1997 are hereby repealed:

Provided that notwithstanding the repeal of the said rules, anything done or any action taken under the said rules, shall be deemed to have been done or taken under the corresponding provisions of these rules.

 

Name of Office..............

District.............(Chhattisgarh)

Form-I

(Details of Employer)

(See rule 30(1))

 

(1)     06 month details to be submitted to Special Employment Exchange, half year ending on 31st March 20___.

(2)     Name and address of Employer ________________________________________.

(3)     Headquarter________________________________________________________.

(4)     Branch Officer _______________________________________________________.

(5)     Proceeding / Nature of main Activity_____________________________________.

(A)     Employment

Total number of persons on pay role of Government establishment/institution/which includes proprietor/partner/commission agent/ contingency paid/contract labour but does not include temporary worker and trainee(In these data, each such person must be included whose wages or salary is paid by Government/establishment/institution)

 

(1)     Disabled Men ......................

(2)     Disabled Women ......................

(3)     Disabled Third Gender......................

Total......................

(A)     If during the period of 6 months increase or decrease is more than 6% then mention main reasons for increase or decrease in employment.

2. Vacancies:- Vacancies which are in accordance with total emoluments in minimum wages every month and are more than a period of six months.

(A)     Number of vacancies created and notified during period of 6 months and number of vacancies filled during this period ( separate data to be given for disabled men and women)

(Details of source in which filled)

(B)     Persons for not notifying all vacancies created during the period of 6 months under the report in 2 (A) .......................

3. Lack of manpower:-

Vacancies / posts not filled up due to lack of suitable applicants.......................

Name of business or Post.......................

Vacancies/Posts (According to disability) not filled.......................

Please list any other business for which Government establishment/organisation experienced difficulty in appointing suitable candidate.

Date....................Signature of Employer

To,

Employment Exchange

....................

....................

....................

Note: These details are with regard to completion of 6 months on 31st March and 30th September and it shall be sent to Special Employment exchange within 30 days after the end of concerned half year.

 

Name of the office.....................

District.....................(Chhattisgarh)

Form-II

(Details of Employer of Persons with Disabilities)

(See rule 30(1))

Business details submitted in local Special Employment Exchange once in 2 years.

 

(1)     Name and address of Employer.....................

(2)     Nature of proceeding.....................

(Please describe as to what manufacturing is done in Government establishment or what is its main activity)

(1)     No. of persons on specified date _______ on pay roll of Government establishment (In these data, each such person must be included whose wages or salary is paid by Government establishment). (Separate date be given for disabled men, women and third gender).

(2)     Classification of business of all employees as in (1) above (Please specify the number of employees in each business below separately.)

Business.....................No. of Employees.....................

 

Dated__________

Signature of Employer

To,

Employment exchange

(Please mention here the address of your local employment exchange)

Note:- Total in column (5) under column (2) should be in accordance with the data given in column (1).

 

Name of Office_____________

District_____________(Chhattisgarh)

Form-III

(Details of employer of Persons with Disabilities)

(See rule 31)

 

(1)     Name and address of Employer.........................

(2)     Head Office..................................................

(3)     Branch Head Office..................................................

(4)     Proceedings / Nature of Main activity.........................

Total number of persons on pay roll of Government establishment/organisation (In these data, each such person must be included whose wages or salary is paid by the Government establishment/organisation).

Total number of persons with disabilities (disability wise) on pay roll of establishment/organisation (In these data every such disability afflicted person must be included whose wages or salary is paid by establishment/organisation.)

(A)     Professional qualification of all employees (No. of employees in each profession to be given separately below)

(B)     If during the period of 6 months, increase or decrease is more than 6% then mention reasons for increase or decrease in employment.

2. Vacancies:- Vacancies , which are in accordance with total emoluments in minimum wages every month and are more than a period of 6 months.

(A)     No. of vacancies emerged/produced and notified during the period of 6 months and no. of vacancies filled during 6 months under the periphery of the Act.

(B)     Reasons for not notifying all vacancies emerged during the period of 6 months as per report in 2 (A)__________________________

3. Lack of Manpower

Reasons for vacancies/posts not filled up due to lack of suitable candidates

Please List any other business for which Government establishment experienced difficulty in obtaining suitable candidates

Dated.................... Signature of Employer

 

District Hospital....................

District ....................Chhattisgarh

Form-IV

Application for obtaining disability certificate by Persons with Disabilities

[See rule 51(1)]

 

(1)     Name............................................................

(Surname) (First name) (Middle name)

(2)     Fathers Name........................................Mothers Name....................

(3)     Date of Birth........................................(Date)....................(Month)....................(Year)..................

(4)     Age as on the date of application....................Years

(5)     Gender:- Male/Female/ Third Gender

(6)     Address:- ........................................

(A)     Permanent Address........................................

(B)     Current Address (For Corresponding) ........................................

(C)     He/ She residing at current address from when....................

Address............................................................

(7)     Status of Education(Please tick whichever is applicable)

(i)       Post Graduate,

(ii)      Graduate,

(iii)     Diploma,

(iv)    Higher Secondary,

(v)      High School,

(vi)    Middle,

(vii)   Primary,

(viii)  Illiterate,

(8)     Profession....................

(9)     Identification Marks (1)....................(2)....................

(10)   Nature of Disability....................

(11)   Period/ Time from when disability occurred:- Birth/From year....................

(12)   (i)Whether applied for disability certificate earlier ?Yes/No....................

(ii) If Yes , then details:

(A)     Applied before which authority and in which District....................

(B)     Result of application....................

(13)   Whether disability certificate has been issued to you earlier? If Yes, then please enclose genuine copy.

Declaration:- I hereby declare that the information given above are true and correct to the best of my personal knowledge and belief. I have not suppressed any fact nor have given false information. I further declare that if any fault appears in the application then I shall be liable for the action taken under the law for the benefits taken by me.

........................................

Signature or Left Thumb impression of Disabled

person or mentally retarded, Autism, cerebral

palsy and multiple disability

Date :....................

Place:....................

Enclosed:....................

(1)     Proof of residence(Please tick whichever is applicable)

(A)     Ration Card,

(B)     Voter Identity Card,

(C)     Driving License,

(D)     Bank Passbook,

(E)     Pan Card,

(F)      Passport,

(G)     Bills regarding telephone, electricity, water and other usages indicating address of applicant,

(H)     Domicile certificate issued by Panchayat, Nagar Palika, Contonment Board, any Gazetted Officer or concerned Patwari or Principal of Government School,

(I)      Domicile certificate issued by Head of Institution in case of disabled person, destitute, mentally ill person etc. residing in the institution,

(2)     Two recent passport size photographs

................................................................................

(only for office use)

Date:....................

Place:....................

Signature of issuing Authority

Seal

 

District Hospital....................

District....................(Chhattisgarh)

Form-V

Disability Certificate

(In case of Amputation or complete permanent disability of dwarfism and Visual Impairment)

[See rule 52 (1)]

(Name and address of concerned Medical Officer issuing certificate)

_________________________

Recent

Certified

Passport size

photograph of

Disabled

person

(Showing

only face)

No. of Certificate....................Dated....................

(1)     It is certified that I, Shri/Smt./Kumari.................... Son/Wife/ Daughter of Shri .................... Date of Birth .................... Age.................... years, Male/Female/Third Gender....................Registration No .................... House No .................... Ward/Village/Lane.................... Post Office .................... District .................... State .................... is a permanent resident and I have carefully examined the photograph affixed above and I am satisfied that:-

(A)     This case is of -

. Locomotor Disability

. Dwarfism

. Blindness

(Please tick whichever is applicable)

(B)     Solution in their case_________________.

(C)     According to Guiding principles (________________ Number of guidance and date of issuance to be specified) Their

(2)     Following documents have been submitted with regard to domicile as evidence:- 

(Authorised Signature and seal of

notified medical authority)

 

District Hospital.................

District.............(Chhattisgarh)

Form-VI

(Disability Certificate)

(In case of multiple disability)

[See Rule 52 (1)]

(Name and address of medical authority issuing certificate)

Recent Certified Passport size photograph of Disabled person (Showing only face)

No. of Certificate:....................Dated....................

(1)     This is to certify that I, Shri/Smt./Kumari.................... Son/Wife/Daughter of Shri .................... Date of Birth .................... Age.................... years, Male/Female/Third Gender.................... Registration No.................... House No .................... Ward/ Village/Lane.................... Post Office.................... District.................... State .........................., permanent resident and I have carefully examined the photograph affixed above and I am satisfied that:-

(A)     This case is for multiple disabilities. Their permanent body injury/disability has been assessed on guiding principles (to be specified) for following disabilities as is indicated in front of disability in the chart below.

(B)     As above their complete permanent body injury/damage according to guiding principles(....................No. of guidance and date of issuance to be specified)

In Figures....................percent

In words....................percent

(2)     This condition is enhancing/non enhancing/chances of improvement in it/no chances of improvement.

(3)     Reassessment of disability

(i)       Not necessary Or

(ii)      Recommended after ________________ year _________ month and therefore this certificate______ is valid till________.

(Date)....................(Month).................... (Year)....................

@ Means right / left / Both arms / Legs

# Means on eye / both the eyes

Means left / right / both ears

(4)     Following documents submitted as proof of domicile:-

(5)     Seal and signature of medical authority / officer

Signature / Thumb Impression

Of person in whose favour

Disability certificate issued

 

District Hospital................

District................ (Chhattisgarh)

Form – VII

Disability Certificate

(Cases apart from those mentioned in Form V and Form VI)

(Name and Address of Medical Officer issuing the certificate)

[See rule 52(1)]

Recent Certified Passport size photograph of Disabled person (Showing only face)

Certificate No:................Dated................

(1)     This is to certify that I, Shri/Smt./Kumari/ ................ Son/ Wife/Daughter of Shri................ Date of Birth ................ Age................ years, Male/Female/Third Gender................ Registration No................ House No. ................ Ward/Village/Lane................ Post Office................District ................ State................ permanent resident, do hereby certify that I have carefully examined the photograph affixed above and I am satisfied that this is the case of ................ disability. His physical harm/disability has been assessed on guiding principles (................No. of guidance and date of issuance to be specified) and is indicated below in front of disability in the chart below:- 

Strike out that is not applicable

(2)     Above condition is enhancing/not enhancing/chances of improvement/no chances of improvement.

(3)     Reassessment of disability:-

(i)       Not required/essential,

Or

(ii)      Recommended after _____year ________ month and therefore this certificate is valid till date ____________ month _______________ year_____________ .

@ Means Right/Left/Both Arms/Legs

# Means One Eye/Both Eyes

Means Left/Right/Both Ears

(4)     Following document submitted as evidence of domicile:-

(Authorised signature of notified medical officer)

(Name and Seal)

Signature

(In case of certificate issued by medical officer who is not a Government servant)

Chief Medical Officer / Medical Superintendent/ Seal and counter Signature of Head of Government hospital

Note: If this certificate is issued by medical officer who is not a Government servant then it shall be valid only when it is countersigned by Chief Medical Officer of the District.

 

District Hospital................

District .................(Chhattisgarh)

Form – VIII

Note regarding rejection of application for grant of disability certificate

(See rule 52 (4))

Number..............Dated..............

To,

(Name and address of applicant applying for disability certificate )

Subject: Rejection of application for grant of disability certificate

Sir / Madam,

(1)     Please take reference of application for issuance of disability certificate for following disability dated :- ............................

(2)     In furtherance of your earlier application bearing your signature, medical officer investigated on __________ and I am informed that it shall not be possible to issue disability certificate in your favour due to following reasons :-

(i)

(ii)

(iii)

(3)     If you are aggrieved by the rejection of your application, then you may make a representation before _____________ for review of this decision.

Sincerely,

(Authorised signature of notified medical officer)

(Name and seal)

 

Directorate of Social Welfare, Chhattisgarh

Form-IX

Registration Certificate of Non Government organisation

(See Section 50 of the Act and Rule 44 (7))

Number..............Dated..............

It is certified that non-government organisation______________________, working in district ________________Chhattisgarh, working in the field of welfare of disabled persons under Section 50 and Rule 44(7) of Rights of Persons with Disabilities Act, 2016 (No. 49 0f 2016) shall be registered from ______________(date). On_____(date) registration certificate is granted to the organisation.

Registration certificate shall be valid for 5 years from the date of issuance.

Date of expiry of registration..............

Competent Authority

Directorate, Social Welfare

Chhattisgarh

 

Directorate of Social Welfare, Chhattisgarh

Form -X

Renewal of Certificate of registration of Non Government institutions

(See rule 51(5) of the Act and Rule 44(11))

Number..............Dated..............

 

It is certified that non-government institution _______________ which is working in district ___________(Chhattisgarh), in the field of welfare of disabled persons under Section 51(5) and Rule 44(11) of Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016), was registered on_________(date). Renewal of registration of institution is granted on _________(date) for next three years.

Renewal certificate of registration shall be valid for a period of 3 years from the date of issuance.

Date of expiry of renewal of registration..............

Competent Authority

Directorate, Social Welfare Chhattisgarh