In exercise of the
powers conferred by sub-sections (1) and (2) of Section 101 of the Rights of
Persons with Disabilities Act, 2016 (Central Act 49 of 2016), the Government of
Kerala, after considering the objections and suggestions received on the
preliminary notification published as D3/2/2017/SJD dated 17th July, 2019 in
the Kerala Gazette Extraordinary No. 1628 dated 19th July, 2019 and in
supersession of the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Kerala Rules, 2000 issued under G.O. (P) No.
13/2000/SWD dated 19th June, 2000 and published as S.R.O. No. 603/2000 in the
Kerala Gazette Extraordinary No. 1271 dated 30th June, 2000, hereby make the
following rules, namely: CHAPTER I PRELIMINARY (1)
These
rules may be called the Rights of Persons with Disabilities (Kerala) Rules,
2020. (2)
They
shall come in to force at once. (1)
In
these rules, unless the context otherwise requires, (a)
"Act"
means the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of
2016); (b)
"Certificate"
means a certificate of disability issued under Section 58 of the Act; (c)
"Form"
means forms appended to these rules; (d)
"Government"
means the Government of Kerala; (2)
The
words and expressions used and not defined in the rules but defined in the Act
shall unless the context otherwise requires have the meanings respectively
assigned to them in the Act. CHAPTER II STATE COMMITTEE FOR
RESEARCH ON DISABILITY (1)
The
Government shall, by notification in the Gazette, constitute a Committee to be
called State Committee for Research on Disability at State level. (2)
The
Committee shall consist of the following members, namely: (a)
An
eminent person having vast experience in the field of science and research and
having minimum five years experience in the disability sector in any of the
Government/University/Medical College with five publications in the UGC
approved journals in the area of disability to be nominated by the Government
and having age less than 70 (seventy) years-Chairperson; (b)
An
officer not below the rank of Additional Director, Health Department or Medical
Education Department nominated by GovernmentMember; (c)
Six
experts one each representing disability management in physical, visual, speech
language and hearing, Intellectual disabilities, mental behaviour, disabilities
caused due to neurological disorders/blood related disorders to be nominated by
the GovernmentMembers; (d)
Five
persons with disabilities to be nominated by the Government from each of the
five groups of specified disabilities in the Act where minimum two shall be
women and one person shall be from the Scheduled Caste/Scheduled TribesMembers; (e)
Four
persons representing registered organizations defined under clause (z) of
Section 2 of the Act to be nominated by the Government of which two shall be women
and two shall be persons with disabilitiesMembers; (f)
Executive
Director (Head of the Institution), NISHMember; (g)
The
Director, Social Justice DepartmentMember Secretary. (3)
The
Chairperson shall invite any special expert as he deems fit as special invitee
depending on the merit of the issues to be discussed in the Committee meeting. (4)
One
half of the members shall constitute the quorum except special invitee. (5)
The
nominated member shall hold office for a period of three years from the date on
which he assumes office or attaining seventy years of age whichever is earlier
and shall be eligible for re- nomination for not more than one term. (6)
Non-official
members and special invitees shall be eligible for travelling allowance at the
rate admissible to Class I officers of State Government and sitting fee fixed
by the Government from time to time which shall not be less
than ` 1000 (Rupees one thousand only) per sitting. (7)
The
Social Justice Department shall provide necessary support for conducting the
meeting of the committee. CHAPTER III LIMITED GUARDIANSHIP (1)
The
designated authority/Court before granting limited guardianship for a person
with disability shall satisfy itself that such person is not in a position to
take legally binding decision of his own. The designated authority on receiving
the application should grant the limited guardianship within a period of three
months considering that his/her best interests will be protected by the Limited
Guardian so appointed. (2)
The
District Collector shall act as the appellate authority and will be empowered
to collect grievances if any regarding the appointed limited guardianship, on
the decisions of the designated authority. (1)
Person
with Disability himself or parents or any relative of persons with disability
shall make an application for the appointment of limited guardianship. Note: For the purpose of this rule
"relative" means any person related to the person with disability by
blood, marriage or adoption. (2)
An
organisation registered under the provisions of the Act and these rules may
make an application for the appointment of limited guardianship: Provided that no such application shall be
entertained by the District Court or designated Authority unless the consent of
person with disability or the guardian of the person with disability has been
obtained. (3)
In
case of a person with disability in Government institution, the superintendent
of the institution shall make an application for the appointment of limited
guardianship. In the interest of the person with
disability, any of their parents or siblings or their relative, or an
organisation registered under the Act or these rules or any person proposed by
the organisation registered under the Act or Superintendent of Government
institution, in the case of a disabled person in Government institution or a
person with special knowledge may be appointed as limited guardian. Note: For the purpose of this rule
"relative" means any person related to the person with disability by
blood, marriage or adoption. (1)
On
receipt of the application for appointment of limited guardian the Court or the
designated authority shall scrutinize the application and call for any
supporting document or information and consult with the disabled persons in
such manner as specified in sub-rule (2). (2)
The
manner of consultation of different categories of persons with disability
specified in the Schedule of the Act shall be as follows, namely: (a)
Physical
disability (i)
locomotor
disabilitycommunication with such person. In case of cerebral palsy with a
limitation of intellectual functioning and in adaptive behavior the Court or
designated Authority shall seek the assistance of technical expert or the
service of any other person as the designated authority may decide; (ii)
visual
impairmentwith the help of assistive device; (iii)
hearing
impairmentusing hearing aids, cochlear implants, assistive technology or sign
language; (iv)
speech
and language disabilityusing AAC/artificial larynx/written mode/sign
language/gestures/and with the help of interpreter; (b)
Intellectual
disability other than specific learning disabilityas there is limitation of
intellectual functioning and in adaptive behavior the Court-or the designated
authority shall seek the assistance of technical expert or service of any other
person as the Court or the designated authority may decide. In case of specific
learning disability, the Court or the designated authority shall communicate
with such person; (c)
Mental
behaviorAs there is substantial disorder of thinking, mood, perception,
orientation or memory that grossly impairs judgment, behavior, capacity to
recognise reality, the Court or the designated authority shall seek the
assistance of technical experts or service of any other person as the
designated authority may decide; (d)
Disability
due to chronic neurological conditionscommunication with such person. If it is
not possible due to significant impairment in intellectual functioning, the
Court or the designated authority shall seek the assistance of a person who can
give technical experts or service of any other person as the Court or
designated authority may deem fit; (e)
In
case of blood disorder, the Court or the designated authority shall communicate
with such person; (f)
In
case of multiple disabilities the designated authority can decide the
communication manners according to the disability specified in (a) to (e)
above; Note: The 'technical expert' for this purpose
means a person qualified under Rehabilitation Council of India Act, 1992
(Central Act No. 34 of 1992) in the respective field or the professionals
registered under the State Mental Health Authority constituted under the Mental
Health Care Act, 2017 (Central Act 10 of 2017). (3)
For
a female person with disability the limited guardian shall as far as possible
be a female. (1)
While
taking decision on the appointment of limited guardian, the District Court or
the designated authority as the case may be shall ensure that the person whose
name suggested as limited guardian: (a)
is
above 25 years of age; however a relative aged 18 years or above can also be
appointed as Limited guardian in the interest of person with disability, in
exceptional circumstances. (b)
is
a citizen of India; (c)
is
of sound mind; (d)
is,
or has not been, convicted for any offence, which in the opinion of the Central
Government or State Government involves moral turpitude; (e)
is
not a destitute or has not been declared insolvent or bankrupt; (f)
is
not disqualified under Rule 13 of these rules. The limited guardian shall be appointed for
such period as requested in the application. If the period is not specified in
the application, the Court or the designated authority shall appoint the limited
guardian for such time as it deem fit. If within the time limit the specific
purpose is not completed, the limited guardian shall make an application before
the Court or the designated authority for extension of time. Every person appointed as limited guardian
shall support the person with disability with respect to the specific purpose
for which he is appointed as specified in the order of the Court or the
designated authority. He shall consult the person with disability in all
matters before taking legally binding decision. He shall ensure that the
legally binding decision taken on behalf of the person with disability is in
the interest of the person with disability. On completion of the purpose or
period specified in the order, he shall file a report to the Court or the
designated authority in writing. If the Court or the designated authority
finds that the limited guardian so appointed, neglects the person with
disability or if he is disqualified due to any reason specified in Rule 8 or if
he physically or sexually abused the person with disability or if he is
incapable of supporting the person with disability for such specific need for
which he was appointed, the Court or the designated authority shall remove him
from the limited guardianship. CHAPTER IV REGISTRATION OF
INSTITUTIONS FOR PERSONS WITH DISABILITIES (1)
The
Joint Director of Social Justice Department shall be the competent authority
for granting certificate of registration for the institution meant for persons
with disabilities and the Director of Social Justice Department shall be the
appellate authority. (2)
AH
institutions, other than an institution established or maintained by the
Central or State Government, for providing any kind of service for persons with
disabilities shall be registered with the Competent Authority. (3)
No
individual or group of individuals, trust, organisations, companies etc. shall establish
or maintain any institution for persons with disabilities, except in accordance
with certificate of registration issued in this behalf by the competent
authority, other than the one exempted under the proviso to Section 50 of the
Act. (1)
All
institutions for the persons with disabilities shall apply for registration in
Form I before the competent authority along with a copy of each of rules,
by-laws, memorandum of association, list of governing body, office bearers,
certificate of registration obtained under any other law, annual report of the
previous year, balance sheet of preceding three years, details of foreign
contributions received if any, details of building in which institution is
running, copy of sanitation certificate and building permit from concerned
authorities, details of staff with qualification and Registration Certificate
from the Rehabilitation Council of India (RCI) in applicable cases and a
declaration from the person or the organisation regarding any previous
conviction record or involvement in any immoral act or that it has not been
black listed by the Central or State Government.. (2)
The
Competent Authority, while taking decision on the application for registration
may consider the following, namely, (i)
registration
of the organisation under any law for the time being in force; (ii)
details
of physical infrastructure, water and electricity facilities, sanitation and
hygiene, recreation facilities; (iii)
financial
position of the organisation and maintenance of documents along with audited
statement of accounts for the previous three years; (iv)
resolution
of governing body to run the institution; (v)
plan
to provide services such as medical, educational, vocational, counselling etc.; (vi)
arrangements
of safety, security, and sanitation; (vii)
details
of other support services run by the organisation; (viii)
details
of existing staff with the qualification, experience and registration with
concerned Councils/Organisations; Note: (a) For every category of institution
dealing with Children with Special Needs there shall be a person in charge to
take care of the activities as per a Standard Operating Procedure prescribed by
the Director of Social Justice Department and should have the requisite
qualification pertinent to such disability or multiple disability as prescribed
by the Government. (b) All the Special
Teachers/Therapists/Caregivers etc., should have undergone requisite training
and obtained certificate from an institution accredited by the Government. (ix)
details
of registration under Foreign Contribution Regulation Act, 2010 (Central Act 42
of 2010) and funds available if any; (x)
declaration
from person or organisation regarding any previous conviction record or
involvement in any immoral act; (xi)
minimum
standards and any other criteria approved by the Government. Note: The minimum standard guidelines
required for each categories of service shall be fixed by the Government from
time to time for specific categories and services. (3)
The
competent authority shall thereafter make such enquiries through a team
constituted for this purpose under these Rules and shall grant a certificate of
registration to the applicant in Form II within a period of ninety days from
the date of receipt of application for registration. (4)
If
the Competent authority is not satisfied with facilities available in an
institution, the authority shall issue notice, to maintain the specified
amenities within the time limit which shall not exceed ninety days. (5)
The
certificate of registration issued under these Rules, shall, unless otherwise
revoked, be valid for a period of three years. (6)
If
the competent authority decides to decline the application, the reason for the
same shall be communicated to the applicant within a period of seven days from
the date of decision. (1)
The
competent authority shall constitute a team not exceeding five members with the
following officials for inspection of facility of institutions applied for
registration, namely: (a)
District
Social Justice Officer; (b)
Specialist
from the concerned field working in the Government sector such as Health
Services/Medical Education/Social Justice Department or other Government Bodies
with a minimum experience of three years; (c)
A
person from the Public Works Department not below the rank of Assistant
Engineer (civil) preferably with experience in accessibility for individuals
with disabilities; (d)
Secretary
from the concerned Corporation/Municipality/Panchayat; (e)
Health/Sanitary
Inspector from the Health Department; (f)
In
the case of educational institutions, Deputy Director of Education or his
representative from the concerned district. (2)
The
team head shall be the competent authority or District Social Justice Officer
concerned. (1)
All
institutions shall make an application for renewal of registration not less
than sixty days prior to the expiry of the period of registration to the
competent authority and in the case of failure to make application for renewal
of registration before the expiry of the period of registration, the
institution shall cease to function as an institution as provided under
sub-section' (2) of Section 52 of the Act. (2)
An
application for renewal of registration shall be disposed of within sixty days
from the date of receipt of such application'. If the competent authority
decides to decline the renewal of registration, the reasons for the same shall
be communicated to the applicant within a period of seven days from the date of
decision. (3)
The
renewal of registration shall be based on the recommendation of the inspection
team constituted under Rule 14 of these rules. (1)
Any
person aggrieved by the order of rejection of the registration or renewal by
the competent authority may within thirty days of receipt of copy of such order
of rejection, prefer an appeal to the Appellate Authority. On receipt of the
appeal, the appellate authority may himself or through an authorised officer or
through a team of officers may conduct further enquiry on appeal and shall take
a decision and intimate the same to the appellant in writing. (2)
Every
appeal preferred under sub-rule (1) shall be disposed of within a period of
sixty days from the date of receipt of the same. (3)
The
decision of the appellate authority shall be final. CHAPTER V APPEAL AGAINST THE
DECISION OF THE CERTIFYING AUTHORITY (1)
Any
person aggrieved by an order of the certifying authority may prefer an appeal
to the Standing Appellate Medical Boards headed by Superintendent of Medical
College/a HoD nominated by the Superintendent in five Government Medical
Colleges. (2)
An
appeal shall be preferred within thirty days from the date of receipt of order
or on intimation from the certifying authority. A copy of certificate or
intimation along with substantiating reasons or documents shall be produced
with the appeal. Where the appellant is a minor or is a person suffering from
any disability which renders him unfit to make such an appeal by himself as
appeal may be made on his behalf by his legal guardian or limited guardian or a
relative as the case may be. Note: For the purpose of this rule
"relative" means any person related to the person with disability by
blood, marriage or adoption. (3)
The
appeal shall be disposed by the' appellate authority within forty-five days
from the date of receipt of appeal after considered the relevant guidelines
notified under Section 56 of the Act and after giving an opportunity of being
heard to the appellant. The decision of the appellate authority shall be final
and shall be intimated to the appellant in writing. (4)
The
appellate authority may admit the appeal after the expiry of the period of
thirty days if the appellate authority is satisfied that the appellant was
prevented by sufficient reasons from filing the appeal in time. CHAPTER VI STATE ADVISORY BOARD
ON DISABILITY (1)
The
nominated members of the advisory board shall be eligible for travelling
allowance at the rate admissible to Class I officers of the Government and
sitting fee fixed by the Government from time to time which shall not be less than ` 1000
(Rupees one thousand only) per sitting. (2)
The
Ex-officio members are eligible for daily allowance and travelling allowance as
per the respective rules applicable to them. The members of the Legislative
Assembly are also entitled for travelling allowance and dearness allowance at
the rate applicable to them. (1)
The
meeting of the State Advisory Board shall be held on such venue and on such
dates as may be fixed by the Chairperson and it shall meet at least once in
every six months. (2)
The
Chairperson shall on the written request of not less than ten members of the
State Advisory Board, call a special meeting of the Board. (3)
The
member secretary shall give fifteen clear days' notice for an ordinary meeting
and five clear days' notice for a special meeting specifying the time, venue of
such meetings and the details of business to be transacted. (4)
The
member secretary shall deliver the notice to the members either by messenger or
sending by registered post to his last known place of residence/business or by
e-mail or in such manner as the Chairperson may think fit. (5)
No
member shall bring forward any matter for the consideration of the meeting of
which he has not given ten clear days' notice to the Member Secretary, unless
the Chairperson may permit him to do so. (6)
The
State Advisory Board may adjourn its meeting to any particular day. (7)
Where
a meeting of the State Advisory Board is adjourned from a date to another date,
the notice of such adjourned meeting shall be given to all the members. The Chairperson shall preside over every
meeting of the State Advisory Board and in his/her absence the members present
shall elect one of the ex-officio members to preside over the meeting. (1)
One
half of the total members of the State Advisory Board shall form the quorum for
the meeting. (2)
No
quorum shall be necessary for adjourned meeting in case of meeting adjourned
due to lack of quorum. (3)
No
matter not included in the agenda of the ordinary or the special meeting, as
the case may be, shall be discussed. (1)
The
Member Secretary shall maintain records of the members who attended the meeting
and the proceedings at the meetings in a book to be kept for that purpose. (2)
The
minutes of the previous meeting shall be read at the beginning of every
succeeding meeting, and shall be confirmed and signed by the presiding officer
at such meeting. (3)
The
proceedings shall be open to inspection by any member at the office of the
Member Secretary during office hours. Except with the permission of the Presiding
officer, no business which is not mentioned in the agenda or of which notice
has not been given by a member under sub-rule (5) of Rule 19 shall be
transacted in any meeting. At any meeting, the business shall be
transacted in the sequence in which it is entered in the agenda, unless
otherwise resolved in the meeting with the permission of the presiding officer. All matters considered in the meeting of the
committee shall be decided by a simple majority of votes of the members present
and voting, and in the event of equal votes, the Chairperson, or in the absence
of the Chairperson, the member presiding over the meeting, shall have a right
to casting vote. CHAPTER VII COMPOSITION AND
FUNCTIONS OF DISTRICT LEVEL COMMITTEE (1)
The
Government shall constitute, by notification, District level Committees for
each district. (2)
The
District Level Committee shall consist of the following members, namely: (i)
District
Collector (Ex-officio)- Chairperson; (ii)
District
Social Justice Officer (Ex-officio)Member Secretary; (iii)
District
Medical Officer (Ex-officio)Member; (iv)
District
Legal Services Authority Secretary/Sub Judge (Ex-officio)Member; (v)
District
Registrar (Ex-officio)Member; (vi)
Deputy
Director of Education (Ex-officio)Member; (vii)
District
Employment Officer/Special Employment Officer (Ex-officio)Member; (viii)
Deputy
Director of Panchayats (Ex-officio)Member; (ix)
District
Police Chief (Ex-officio)Member; (x)
District
Town Planner (Ex-officio)Member; (xi)
Representative
from IT Mission (Ex-officio)Member; (xii)
Regional
Transport Commissioner (Ex-officio)Member; (xiii)
District
Women and Child Development OfficerMember; (xiv)
Eight
nominated members nominated by District Collector representing registered
organisations consisting of: (a)
three
persons with disabilities from organizations of persons with disabilities; and (b)
two
from organizations of parents of persons with disabilities; and (c)
three
from rehabilitation professional association; of which at least two nominated
members shall be women. The functions of the District Level Committee
are as follows, (a)
to
ensure and to co-ordinate activities of various agencies in the implementation
of the Act and these Rules in the district; (b)
to
advise the district administration on matters of persons with disability; (c)
to
mobilize community support to meet requirements of persons with disability; (d)
to
monitor budgetary allocations and schemes involving persons with disability; (e)
to
take up issues of persons with disabilities with authorities concerned and to
ensure that benefit reaches the persons/families concerned; (f)
to
take steps for barrier free atmosphere for. persons with disabilities and to
provide accessibility campaign and prioritise it for public services and
buildings; (g)
to
lay emphasis on inclusive education and ensure that students with disability
get the required support in the inclusive education; (h)
to
monitor employment schemes for persons with disability and their provision
through special employment exchange of the district; (i)
to
provide support for establishing and monitor early intervention programmes and
facilities for early disability screening and detection of the new born
children throughout the district; (j)
to
ensure the rights of persons with benchmark disabilities; (k)
to
monitor services rendered to persons with disabilities with high support needs; (l)
such
other functions as may be assigned, to it by the Government from time to time. Every member nominated to District Level Committee
under clause (xiv) of sub-rule (2) of Rule 26 shall be entitled to receive a
sitting fee fixed by the Government from time to time which shall not be less
than ` 1000/- (Rupees one thousand only) for each actual day of
meeting of the Committee. The District Level Committee shall meet at
least once in every four months on such dates as may be fixed by the
Chairperson. The Chairperson shall, upon the written request of not less than
five members (including nominated members) of the District Level Committee,
convene a special meeting of the Committee. (1)
Fifteen
clear days' notice of an ordinary meeting and seven clear days' notice for a
special meeting specifying the time and place at which such meeting is to be
held and the business to. be-transacted thereof shall be given to all members. (2)
Notice
of a meeting may be given to the members by messenger or sending it by
registered post to his last known place of residence or business or by e-mail
or in such other manner as the Chairperson may, in the circumstances of the
case thinks fit. (3)
No
member shall be entitled to bring forward for the consideration of the meeting,
any matter of which he has not given ten clear days notice to the
Member-Secretary, unless the Chairperson at his discretion otherwise permits
that member. (1)
The
Chairperson of the District Level Committee shall have power to adjourn the
meeting on reasonable grounds. (2)
Where
a meeting of the District Level Committee is adjourned, notice of such
adjourned meeting shall be given to the members. The Chairperson shall preside at every
meeting of the Committee and in his absence, the Ex-officio Member Secretary
shall preside, but when both the Chairperson and the Ex-officio Member
Secretary are absent from any meeting, the members present shall elect one of
the members to preside over the meeting. (1)
One
half of the total members shall form the quorum for any meeting provided that
at least three of the eight nominated members are present at such a meeting
having the quorum of one half. (2)
If
a meeting of the District level committee cannot be held for want of quorum,
the Chairperson may adjourn the meeting to another day, at the same time and
place, and if that day is a public holiday, to the next succeeding date which
is not public holiday and at the same time and place. (3)
Notice
of the adjourned meeting shall be given to all the members. The period of
notice as prescribed under sub-rule (1) of Rule 30 is not applicable in
adjourned meeting. (4)
No
quorum shall be necessary for the adjourned meeting. (1)
Record
with the names of members who attend the meeting and the proceedings of the
meeting shall be maintained by the Member Secretary. (2)
The
Minutes of the previous meeting shall be read at the beginning of the every
succeeding meeting, and shall be confirmed and signed by the presiding officer
at such meeting. (3)
The
Proceedings shall be open to any member at the office of the Member Secretary
during office hours. Copy of the minutes shall be given to all the members
within fifteen days of the meeting. (1)
Except
with the permission of the presiding officer, no business which is not entered
in the agenda or of which notice has not been given by a member under sub-rule
(3) of Rule 30 shall be transacted at any meeting. (2)
At
any meeting business shall be transacted in the order in which it is entered in
the agenda, unless otherwise resolved in the meeting with the permission of the
presiding officer. (3)
At
the beginning of the meeting, presiding officer or a member may suggest a
change in the order of business as entered in the agenda and if the presiding
officer agrees, such a change shall take place. (1)
All
matters considered at a meeting of the Committee shall be decided by a simple
majority of votes of the members present and voting and in the event of equal
votes, the Chairperson or in his absence the member presiding over the meeting,
shall have a second or casting vote. (2)
No
proceeding of the Committee shall be invalid by reasons of existence of any
vacancy in or any defect in the constitution of the committee. CHAPTER VIII SALARIES, ALLOWANCES
AND OTHER CONDITIONS OF STATE COMMISSIONER FOR PERSONS WITH DISABILITIES (1)
No
person shall be eligible for appointment as State Commissioner unless, (a)
he
is a graduate from a recognised University. Preference shall be given for a
person having recognised degree or diploma in social work or law or management
or human rights or rehabilitation or education of persons with disabilities; (b)
he
is having at least fifteen years experience in a Group "A" level post
in the Central Government or Class I Officer of State Government or a public
sector undertaking or a semi Government or an autonomous body dealing with
disability related matters or Social sector; and (c)
he
shall not have attained the age of seventy years as on 1st January of the year
of appointment. Note: If he is in the service of the Central
or State Government, he shall resign/relieved from such service before his
appointment to the post. (2)
The
term of office of the State Commissioner shall be for a period of three years
from the date on which he assumes office and may be extended for a further
period of two years or until he attains the age of seventy years whichever is
earlier. (1)
The
Government shall, advertise in official website, Gazette and dailies each in
English and Malayalam inviting applications for the post from eligible
candidates fulfilling the qualifications specified in Rule 37, six months
before the post of State Commissioner is due to fall vacant. (2)
In
the case of filling up of casual vacancies raised due to death, resignation or
removal, the Government may relax the condition of six months prior
advertisement and advertisement in Gazette. (3)
A
Screening Committee shall be constituted to recommend a panel of candidates for
the post of the State Commissioner by the Government with the following
members, namely, (a)
Minister
in charge of Department of Social Justice Chairperson; (b)
Secretary,
Social Justice DepartmentMember Secretary; (c)
Law
SecretaryMember; The State Commissioner shall be entitled for
the salary and allowances as admissible to the Secretary to the Government of
Kerala. The State Commissioner shall be entitled to, (i)
such
leave as admissible to a Government servant under the appendix VIII of Kerala
Service Rules Part I and II. (ii)
such
leave travel concession as admissible to the Secretary to Government. (iii)
such
medical benefits as admissible to the Secretary to Government. (1)
The
State Commissioner may, by notice in writing, under his hand, addressed to the
Secretary to Social Justice Department, Government, resign from the post. (2)
The
Government may remove a person from the office of the State Commissioner, if
he, (a)
becomes
an undischarged insolvent; (b)
engages
during his term of office in any paid employment or activity outside the duties
of his office; (c)
is
convicted or sentenced to imprisonment for an offence which in the opinion of
the Government involves moral turpitude; (d)
is
in the opinion of the Government, unfit to continue in office by reason of
infirmity of mind or body or serious default in the performance of his
functions as laid down in the Act; (e)
without
obtaining leave of absence from the Government, remains absent from duty for a
consecutive period of fifteen days or more; or (f)
has,
in the opinion of the Government, so abused the position of the State
Commissioner as to render his continuance in office detrimental to the interest
of persons with disability: Provided that no person shall be removed
under this rule except after giving a reasonable opportunity to show cause why
he should not be removed from his office. (1)
A
complainant may present a complaint containing the following particulars in
person or by his agent to the State Commissioner or be sent by registered post
addressed to the State Commissioner, namely, (a)
the
name, description and the address with phone number of the complainant; (b)
the
name, description and the address of the opposite party or parties, as the case
may be, so far as they can be ascertained; (c)
the
facts relating to complaint; (d)
documents
in support of the allegations contained in the complaint; and (e)
the
relief which the complainant claims. (2)
The
State Commissioner on receipt of a complaint under sub-rule (1) shall refer a
copy of the complaint to the opposite party or parties mentioned in the
complaint directing him to give his version of the case within a period of
thirty days or such extended period not exceeding fifteen days as may be
granted by the State Commissioner. (3)
On
the date of hearing or any other date to which hearing could be adjourned, the
parties or their agents shall appear before the State Commissioner. (4)
Where
the complainant or his agent fails to appear before the State Commissioner on
such days, the State Commissioner may either dismiss the complaint on default
or decide ex-parte. (5)
Where
the opposite party or his agent fails to appear on the date of hearing the
State Commissioner may take such necessary, action under Section 82 of the Act
as he deems fit for summoning and enforcing the attendance of the opposite
party. (6)
The
State Commissioner may on such terms as he deems fit and at any stage of the
proceedings, adjourn the hearing of the complaint. (7)
The
State Commissioner shall decide the complaint as far as possible within a
period of three months from the date of receipt of the same. (1)
The
Government shall constitute an Advisory Committee comprising of the following
members, namely, (a)
five
experts to represent each of the five groups of specified disabilities
mentioned in the Schedule to the Act out of whom two shall be women; (b)
three
experts in the field of barrier- free environment (i)
one
expert from physical environment; (ii)
one
expert from transportation system; and (iii)
one
expert from information and communication technology or other services and
facilities provided to the public; (c)
one
expert in the area of employment of persons with disabilities (d)
one
legal expert; and (e)
one
expert as recommended by the State Commissioner for Persons with Disabilities (2)
The
State Commissioner may invite subject or domain expert as per the need, who
shall assist him in meeting or hearing and in preparation of the report. (1)
The
State Commissioner shall as soon as possible after the end of the financial
year but not later than the 30th day of September in the next financial year
prepare and submit to the Government an annual report giving a complete account
of activities during the said financial year. (2)
In
particular, the annual report referred to in sub-rule (1) shall contain
information in respect of each of the following matters, namely: (a)
names
of its officers and staff and a chart showing the organizational set up; (b)
the
functions entrusted to the State Commissioner under Sections 80 and 81 of the
Act and the highlights of his performance in this regard; (c)
the
main recommendations made by the State Commissioner; (d)
the
progress made in the implementation of the Act; (e)
any
other matter deemed appropriate for inclusion by the State Commissioner or
specified by the State Government from time to time. (3)
The
annual report and special report shall be submitted in Form III. All staff and officers of the State
Commissioner shall be appointed by deputation and they are eligible for such
salaries and allowances as are applicable to them in their parent
department. CHAPTER IX FEES AND
REMUNERATION OF SPECIAL PUBLIC PROSECUTOR (1)
The
Government shall by notification specify a Public Prosecutor or appoint an
Advocate having not less than seven years of practice as Special Public
Prosecutor for conducting cases before special Court notified under Section 84
of the Act. (2)
The
fee or remuneration and conditions of service of Special Public Prosecutor
shall be according to the provisions of the Kerala Government Law Officers
(Appointment and Conditions of Services and Conduct of Cases) Rules,
1978. CHAPTER X CONSTITUTION OF
STATE FUND FOR PERSONS WITH DISABILITIES AND THE PREPARATION OF ITS ACCOUNTS (1)
The
Government shall constitute a fund to be called the 'State Fund for Persons
with disabilities' to ensure the rights of the persons dealt with under the Act
and these rules. (2)
The
Fund may include donations, grants, voluntary contributions, subscriptions or
funds under Corporate Social Responsibility, whether or not for any specific
purpose, and shall be directly credited to the State Fund for persons with
disabilities. (1)
The
State Fund shall be managed by a governing body consisting of the following
members, namely: (a)
Secretary,
Social Justice Department Chairperson; (b)
Two
representatives each from Finance Department and Health and Family Welfare
Department not below the rank of Deputy SecretaryMembers; (c)
Director
of Social Justice Department Convenor; (d)
Two
persons representing registered organisations of persons with disabilities, of
which one shall be a person with disabilityMembers. (2)
The
governing body shall meet as and when necessary, but at least once in every
financial year. (3)
The
nominated members shall hold office for three years. (4)
No
member of the governing body shall be the beneficiary of State Fund during the
period such member holds the office. (5)
The
nominated non-official member shall be eligible for payment of travelling
allowance and daily allowance as admissible to a Class I Officer of Government
for attending the meetings of governing body. (6)
No
person shall be nominated under clause (d) of sub-rule (1) as a member of the
governing body if he, (a)
is,
or has been, convicted of an offence, which, in the opinion of the Government,
involves moral turpitude, or (b)
is,
or at anytime has been, adjudicated as an insolvent. The State Fund for persons with disabilities
may be utilised by the Government for the following purposes, namely: (a)
supporting
innovative programs for the welfare of the persons with disabilities in the
Institutions; (b)
strengthening
of legal assistance and support; (c)
providing
entrepreneurial support, skill development training or vocational training; (d)
providing
after care facilities and entrepreneurship fund for providing capital and
infrastructure to the persons who have, for starting up small businesses to
support reintegration into mainstream life; (e)
rehabilitation
of persons with disabilities in special circumstances; (f)
creating
disabled friendly infrastructure; (g)
capacity
building for parents, relatives and caregivers to understand the needs of
persons with disabilities; (h)
conducting
awareness generation programs on rights of persons with disabilities and
offences against them; (i)
creating
community-based programs for persons with disabilities to identify and report
offences against persons with disabilities; (j)
palliative
care for persons with disabilities and stay facilities for their parents; and (k)
any
other program or activity to support the holistic growth, development and
well-being of a person with disabilities covered under the Act and the rules. The accounts of the State Fund including the
income and expenditure shall be prepared in Form IV. The accounts of the State Fund for Persons
with Disabilities shall be liable for audit as per Section 88 of the Act.RIGHTS OF PERSONS WITH DISABILITIES (KERALA)
RULES, 2020
PREAMBLE