The
following draft of the Assam State Rules under Rights of Persons with
Disabilities Act 2016, which the Assam Government proposes to make, in exercise
of the powers conferred by sub-sections (1) and (2) of Section 100 of the
Rights of Persons with Disabilities Act, 2016 (49 of 2016) is hereby published
for the information of all persons likely to be affected thereby; and notice is
hereby given that the said draft rules shall be taken into consideration after
the expiry of a period of 21 days from the date on which the copies of the
Official Gazette in which this notification is published are made available to
the public; Objections
and suggestions, if any, may be addressed to (Shri Jishnu Barua, IAS, Add.
Chief Secretary, Social Welfare Department, Block-B, 2nd Floor, Janata Bhawan,
Dispur) (email-socialwelfare1975@gmail.com) The
objections and suggestions which may be received from any person with respect
to the said draft rules before the expiry of the period specified above, will
be given due consideration by the Assam Government before its final
publication. CHAPTER-I PRELIMINARY (1) These rules may be
called The Rights of the Persons with Disabilities (Assam) Rules, 2018. (2) They shall come into
force on the date of their final publication in the official Gazette. (1) In these rules,
unless the context otherwise requires, - (a) "Act" means
the Rights of Persons with Disabilities Act, 2016 (49 of 2016); (b) "certificate"
means a certificate of disability issued by a certifying authority referred to
in sub-section (1) of Section 57 of the Act; (c) "certificate of
registration" means a certificate of registration issued by the competent
authority under Section 50 of the Act. (d) "Commissioner"
means the State Commissioner for Persons with Disabilities of the State
Government. (e) "Competent
Authority" means the authority appointed as such by the State Government
under section 49 of the Act. (f) "Form"
means a form appended to these rules. (g) "Rules"
means The Rights of Persons with Disabilities (Assam) Rules, 2018. (h) "State"
means the Government of the State of Assam. (i) "dependent"
means anyone, including a person over the age of eighteen years, who is unable
to care for or support himself or herself, physically, financially, in decision
making and/or in terms of looking over their general well being and looks for
such care and/or support from another. A person qualifying as a dependent
generally may include a person's child, stepchild, adopted child, grandchild,
great-grand child, son or daughter-in-law, father or mother-in-law, brother or
sister-in-law, parent, brother, sister, grand parent, step-parent, stepbrother
or sister, half brother or sister, spouse and, if related by blood, uncle,
aunt, niece, or nephew, whose day-to-day support and care the person is
entrusted with, (j) Registered
organisation means organisations, associations registered under section 50 of
the Act. (2) Words and expressions
used herein and not defined but defined in the Act shall have the meanings
respectively assigned to them in the Act. CHAPTER – II RIGHTS &
ENTITLEMENTS (1) The head of the
establishment shall ensure that the provision of sub-section (3) of section 3
of the Act are not misused to deny any right or benefit to persons with
disabilities covered under the Act. (2) If the head of the
Government establishment or a private establishment employing twenty or more
persons receives a complaint from an aggrieved persons regarding discrimination
on the ground of disability, he shall - (a) initiate action in
accordance with the provisions of the Act; or (b) inform the aggrieved
person in writing as to how the impugned act or omission is a proportionate
means of achieving a legitimate aim. (3) If the aggrieved
person submits a complaint to the State Commissioner for Persons with
Disabilities, the complaint shall be disposed of within a period of sixty days:
Provided that in exceptional cases, the State Commissioner may dispose of such
complaint within thirty days. (4) No establishment
shall compel a person with disability to partly or fully pay the costs incurred
for reasonable accommodation. (1) The Committee for
Research on Disability at the State level shall consist of the following
members, namely:- (i) An eminent person
having vast experience related with disability affairs or an eminent person
having vast experience in the field of science and research to be nominated by
the State Government, ex officio-Chairperson; (ii) The Director of
Health Services of the State Government or his nominee -ex officio Member; (iii) Officer -in- Charge
of the Composite Regional Centre under the Ministry of Social Justice & Empowerment,
Govt. Of India - ex-officio Member; (iv) One expert in the
field of medical and health nominated by the State Government - Member; (v) 6 (six) members from
registered State level organizations or individuals belonging to different
groups of disabilities as nominated by the State Government - Member; Provided
that least one representative of the registered organizations is a woman. (vi) Member Secretary or
his representative from Assam State Legal Services Authority; (vii) Any other expert(s)
special invitee(s) which the Chairperson may invite. (viii) Chairperson or his
representative from the Assam State Women Commission, Guwahati, Assam; (ix) Chairperson or his
representative from the Assam State Commission for Protection of Child Rights,
Guwahati, Assam; (x) Chairperson or his representative
from Assam Human Rights Commission; (xi) The Director, Social
Welfare, Assam - ex-officio Member Secretary; (2) The terms of office
of the nominated members shall be for a period of three years from the date on
which they enter upon office but the nominated member shall be eligible for
re-nomination for upto two consecutive terms. (3) One half of the
members shall constitute the quorum for the meeting, (4) The non-official
members and special invitees belonging to non-official category shall be
entitled to travel allowance and dearness allowance as admissible to Class I
officers of the State Government. (5) The State Government
may provide the Committee with such clerical and other staff as the State
Government may consider necessary. (6) The Committee shall
consider any application for research in the field of disability as per
provision under section 6(1) and 6(2) of the Act and recommend to the
Government for approval or rejection of such an application. The
State Committee constituted as above shall, with the approval of the State
Advisory Board, draft and forward schemes and policies for implementation of
the provisions of the Act. Such schemes and policies shall be presented through
the State Advisory Board for its consideration and adoption by the State
Government. The
first report of the Committee shall be presented within one year from the date
of its constitution. The State Committee shall also periodically suggest
further recommendations for updating such schemes and policies so as to
effectively cater the needs of persons with disabilities. (1) No person with
disability shall be considered to be a subject of research except when (i) the relevance of the
proposed research is established and the consent of the person concerned has
been obtained; (ii) the manner and method
of obtaining consent from the concerned person is as prescribed in clause (i)
of sub-section (2) of section 6 of the Act; (iii) ethical practices are
adopted for the proposed research; (iv) any other aspect
bearing on the person or persons concerned. (2) The Committee may
call for further information from the applicant as it deems fit. For
the purpose of dealing with the complaints under section 7 of the Act, the
Executive Magistrate shall follow the procedure provided in sections 133 to 143
of the Code of Criminal Procedure, 1973 (2 of 1974). On
receipt of the complaint, the Police Officer assigned to enquire into the act
of abuse, violence and exploitation against the person with disabilities shall
follow the procedure laid down in the section 7(4) of the Act and also proceed
in accordance with law for the time being in force upon receipt of information
to the commission of a cognisable offence. CHAPTER – III LIMITED GUARDIANSHIP (1) Application for
limited guardianship: Under section 14(1) of the Act, an application for
appointment of limited guardian for a person with disability shall be made by a
person with disability, parent, relative or an organization registered under
the Act to the District Level Committee in prescribed format, Form - IX. Note:
For those persons who do not have support from parent, relative or organization
as care giver, applications for limited guardianship may be made by any
prominent person of the locality on his or her behalf or a person of choice of
the person with disability provided that the name of the prominent person is approved
by the District Level Committee on Disability as a care-giver to such person
with disability who does not have support from any other. (2) While granting the
support of limited guardianship, the District Level Committee shall consider a
suitable person to be appointed as a limited guardian in the following order of
preference: (i) The spouse or parents
or adult children of the person with disability; or (ii) Immediate adult
brother or sister; or (iii) Other relatives; or (iv) Registered
organizations under the Act. (v) Prominent Person of
the locality already approved as care-giver by the DLC (3) The District Level
Committee, constituted under Rule 49, shall refer the application for detailed
assessment to the Assessment Board formed by the District Level Committee as
the case may be. The Assessment shall be formed with the following: a.
The
Joint Director Health Services of the District or his representative not below
the rank of Medical and Health Officer L... Chairman b.
One
Social Worker or representative of a registered organization under the
Act.....Member c.
District
Social Welfare Officer or his or her representative... Member Secretary The
Assessment Board shall conduct the assessment as per the following guidelines: (i) A current analysis
and evaluation of the person's mental and physical condition; (ii) A description of the
nature, type and extent of specific cognitive and functional limitations; (iii) An explanation of how
the disability affects the person's decision making; (iv) The date of
assessment or examination on which the report is based. (4) The Assessment Board
shall apprise the District Level Committee that the limited guardianship may
include the authority to support the decisions of the persons with disability
in medical decisions or financial decisions or a combination of the said two
areas and that in all other matters the limited guardian has no authority at
all. (5) The Assessment Board
shall apprise the District Level Committee if there is a need for grant of
limited guardianship repeatedly including the nature and manner of support to
be provided. (6) The District Level
Committee shall on review of the recommendation of the assessment board grant
the support of limited guardianship to a person with disability to take a
legally binding decision on his or her behalf or its own considered decision. (7) While taking a
decision on the appointment of a limited guardian, the District Level Committee
shall ensure that the person whose name has been suggested for appointment as a
limited guardian is (a) devoid of vested
interest; (b) a citizen of India; (c) is not of unsound
mind or is currently undergoing treatment for mental illness; (d) doesn't have a
history of criminal conviction; (e) is not a destitute
and dependent on others for his or her own living; and (f) has not been declared
insolvent or bankrupt. (8) In case the District
Level Committee considers awarding the limited guardianship to a registered
organization under this Act under sub-rule (2), the following guidelines shall
be followed: (i) The institution shall
be recognised by the State or the Central Government; (ii) The institution shall
have a minimum of 5 years of experience in offering disability rehabilitation
services including running residential facilities or hostels for person with
disabilities of the concerned category; (iii) The residential
facility or hostel for person with disabilities shall maintain minimum
standards in terms of space, staff, furniture, rehabilitation and medical
facilities as specified by the Government. (iv) The confirmation of
appointment of guardian on such application shall be made in Form - X; (v) The guardian shall
submit a return covering property and assets of the ward within 6 months of his
appointment in Form - XI; (vi) The guardian shall
submit a return covering property and assets of the ward within a period of 3
months of the close of every financial year in Form - XII; (vii) A quarterly report
shall be submitted by the District Level Committee to the Government or to the
state level agency authorised by the Government giving particulars of the
applications for guardianship received and orders passed thereon in Form - XIII; (9) The District Level
Committee shall take a decision preferably within a period of one month from
the date of receipt of an application regarding grant of limited guardianship
or from the date of coming to its notice of the need of such limited guardianship
or from the date of receipt of report from the Assessment Board as applicable. Provided
that the consent of the person to act as a limited guardian shall also be
obtained before grant of such limited guardianship. (10) The validity of the
limited guardianship as appointed under sub-rule (6) shall be initially for a
period of five years which can be further extended by the District Level
Committee as the case may be. Provided
that while extending the validity of the limited guardianship, the District
Level Committee shall abide by the same procedure as was followed while
granting the initial guardianship. (11) Only those
individuals who are over the age of 18 years and who have not been previously
convicted of any cognizable offence under the Indian Penal Code or any other
law for the time being in force shall be appointed. (12) Any decision shall be
made jointly and on mutual understanding and trust between the guardian and the
person with disability. (13) The appointed limited
guardian shall ensure that the legally binding decisions taken on behalf of the
person with disability are in the interest of the person with disability. (14) Complaint against a
limited guardian under section 14 of the Act: (a) shall be made by the
person with disability, parent, relative, or a registered organization under
the RPwD Act or anyone, in good faith on the ground of abuse or neglect of a
person with disability or inefficiency of the limited guardian to meet the best
interest of the person with disability, to the District Level Committee; (b) the District Level
Committee shall upon receipt of the Complaint, shall appoint a team of
investigators consisting of not less than 3(three) persons. The team shall
consist of one person with technical expertise on the category of disability
nominated by the chairperson of District Level Committee, one person with
disability and one government official associated with disability not below the
rank of district level officer, the latter 2(two) being members of the District
Level Committee; (c) The team of investigators
while investigating a complaint for assessing the abuse or neglect of a person
with disability or inefficiency of the limited guardian to meet the best
interest of the person with disability, shall follow the guidelines specified
by the government; (d) The team of
investigators shall submit their report within a period of 15 days of being
assigned the task; (e) The following acts of
commission or omission shall constitute abuse or neglect or inefficiency on the
part of the guardian/limited guardian, namely: (i) solitary confinement
of a person with disability in a room or confined space for long periods of
time; (ii) chaining of the
person with disability; (iii) beating or treating a
person with disability resulting in bruises, skin or tissue damage (not due to
self-injurious behaviour indulged by the person with disability); (iv) sexual abuse of the
person with disability; (v) deprivation of
physical needs such as food, water and clothing; (vi) no provisions or
non-compliance of available rehabilitation or training programs as specified by
experts in the field of disability rehabilitation in the district; (vii) misappropriation or
misutilization of the property of person with disability; (viii) lack of facility or
no provision of trained or adequate staff for meeting the training and
management needs of the person with disability as determined by the specific
term of reference during assuming of limited guardianship; (f) Upon receiving the
report of the investigation team, the District Level Committee shall take final
decision on the complaint within a period of two weeks after giving the
guardian an opportunity of being heard. If the District Level Committee is not
satisfied with the explanation of the said guardian, they may take appropriate
decisions to safeguard the interest of the persons with disability including
removal of the guardian. (g) The District Level
Committee shall record in writing the reason of removal of the guardian or
rejection of the application. (h) The District Level
Committee in the event of removal of limited guardianship shall take steps for
immediate restoration of care to the person with disability till such date
he/she is provided with limited guardianship as per rules. (i) In the event of
demise of the appointed limited guardianship, the District Level Committee,
shall on intimation of such information or suo moto, take steps for immediate
restoration of care to the person with disability till such date he/she is
provided with limited guardianship as per rules. State
Government shall notify the Commissioner of Division as Appellate Authority
under section 14(3) of the Act for appeal by any person with disabilities,
parent, relative or a registered organisation under the Act or any person
aggrieved by the order of the District Level Committee within a period of 30
(thirty) days of receipt of the report of the order of District Level
Committee. The Appellate Authority may co-opt expert(s) in the respected field
of disability for the service of the Appellate Authority and pass necessary
order within sixty days of receipt of the appeal after giving the appellant the
opportunity of being heard. CHAPTER- IV NODAL OFFICER IN THE
DISTRICT EDUCATION OFFICE The
terms and conditions of grant of recognition to the educational institutions by
the competent authority in the State shall include the requirements to comply
with the provisions of Section 16 and section 31 of the Act. In
every office of the District Elementary Education Officer, Inspector of Schools
in the State, there shall be a Nodal Officer, preferably possessing special
qualification in the field of disability to deal with Children with Special
Needs under him, assigned to deal with matters relating to admission of
children with disabilities and the facilities to be provided to them in schools
in accordance with provisions of section 16 and section 31 of the Act. Provided
that where there is no such separately assigned officer, the District
Elementary Education Officer, Inspector of Schools shall function as the Nodal
Officer for the purpose of these rules. The
Nodal Officer shall (a) conduct survey of
school children and identify those with disabilities and ascertain their
special needs; (b) review the facilities
in the schools for such children and identify areas that may need attention or
improvement; (c) advise on means that
will afford such children opportunities equally with others in the programmes
and activities of the schools; and (d) attend to issues
generally relevant to the school children with disabilities. (e) submit quarterly
reports in the prescribed format Form - XIV to the Education department, Social
Welfare Department and Commissioner for Persons with Disabilities for necessary
action. Every
Head of a school shall send to the Nodal Officer reports for each academic year
indicating the number of such children at the beginning and at the end of the
year, their performance and other information pertaining to them with relevant
statistical data as may be applicable. CHAPTER – V SKILL DEVELOPMENT
AND EMPLOYMENT (1) The concerned
departments of the State Government shall formulate schemes and programmes for
vocational training, skill development and self employment for persons with
disabilities as provided in the section 19 of the Act. (2) The departments shall
submit quarterly reports highlighting policy interventions, schematic
interventions and action taken at the departmental level to the State
Commissioner for Persons with Disabilities who shall compile the same and place
it before the State Advisory Board for consideration. (1) Every establishment
shall publish equal opportunity policy for persons with disabilities. (2) The establishment
shall display the equal opportunity policy preferably on their website, failing
which, at conspicuous places in their premises. (3) The equal opportunity
policy of a private establishment having twenty or more employees and the
Government establishments shall inter alia, contain the following, namely:- (a) facility and amenity
to be provided to the persons with disabilities to enable them to effectively
discharge their duties in the establishment; (b) list of posts
identified suitable for persons with disabilities in the establishment; (c) the manner of
selection of persons with disabilities for various posts, post-recruitment and
pre-promotion training, preference in transfer and posting, special leave,
preference in allotment of residential accommodation if any, and other
facilities; (d) provisions for
assistive devices, barrier-free accessibility and other provisions for persons
with disabilities; (e) appointment of
liaison officer by the establishment to look after the recruitment of persons
with disabilities and provisions of facilities and amenities for such
employees. (4) The equal opportunity
policy of the private establishment having less than twenty employees shall
contain facilities and amenities to be provided to the persons with
disabilities to enable them to effectively discharge their duties in the
establishment. (1) Every establishment
covered under sub-rule (3) of rule 15 shall maintain records containing the
following particulars, namely:- (a) the number of persons
with disabilities who are employed and the date from when they are employed; (b) the name, gender and
address of persons with disabilities; (c) the nature of
disability of such persons; (d) the nature of work
being rendered by such employed person with disability; and (e) the kind of
facilities, reasonable accommodation being provided to such persons with
disabilities. (f) details of employees
who have dependents with benchmarks disabilities. (2) Every establishment
shall produce for inspection on demand, records maintained under these rules,
to the authorities under this Act and shall supply such information which may
be required for the purpose of ascertaining whether the provisions have been
complied with. (1) Every Government
establishment shall appoint an officer not below the rank of a Gazetted Officer
as Grievance Redressal Officer and shall inform the State Commissioner about
the appointment of such officer. Provided
that where it is not possible to appoint any Gazetted Officer, the Government
establishment may appoint the senior most employee as a Grievance Redressal
Officer. (2) The Grievance
Redressal Officer shall maintain a register of complaints of persons with
disabilities with the following particulars, namely:- (a) date of complaint; (b) name of complainant; (c) name of the person
who is enquiring the complaint; (d) place of incident; (e) the name of
establishment or person against whom the complaint is made; (f) gist of the
complaint; (g) documentary evidence,
if any; (h) date of disposal by
the Grievance Redressal Officer; (i) details of disposal
of the appeal by the district level committee; and (j) any other
information. (1) Personnel Department
of Govt. of Assam shall frame a policy for posting and transfer of employees
with disabilities and employees having lawful dependents with benchmark
disabilities within 6 (six) months from the notification of the Rules as
provided under section 20(5) of the Act. (2) (a) All Government,
private and other higher educational institutions receiving aid from the
Government shall reserve not less than five percent seats for persons with
benchmark disabilities as provided in section 32(1) of the Act. (b)
The personsS with benchmark disabilities shall be given an upper age relaxation
for five years for admission in all institutions of higher education as
provided in section 32(2) of the Act. CHAPTER – VI SPECIAL PROVISION
FOR PERSONS WITH BENCHMARK DISABILITIES (1) For the purposes of
computation of vacancies, four percent of the total number of vacancies
including vacancies arising in the identified posts through an expert committee
as laid down under section 33 of the Act and non-identified posts in the cadre
strength in each group of posts shall be taken into account by the State
Government for the persons with benchmark disabilities: Provided
that the reservation in promotion shall be in accordance with the instructions
issued by the State Government from time to time. (2) Every Government
establishment shall maintain a vacancy based roster for the purpose of
calculation of vacancies for persons with benchmark disabilities in the cadre
strength as per the instructions issued by the State Government from time to
time. The roster so maintained shall be uploaded and periodically updated in
the websites of the department. (3) While making
advertisement to fill up vacancies, every Government establishment shall
indicate the number of vacancies reserved for each class of persons with
benchmark disabilities in accordance with the provisions of section 34 of the
Act. (4) The reservation for
persons with disabilities in accordance with the provisions of section 34 of
the Act shall be horizontal and the vacancies for persons with benchmark
disabilities shall be maintained as a separate class. (5) The State Government
by notification shall provide for such relaxation of upper age limit for
employment in Government service for persons with benchmark disabilities, The
Government establishment shall interchange vacancies in accordance with the
provisions of section 34 of the Act, only if due process of recruitment to fill
up the vacancies reserved for persons with benchmark disabilities has been
complied with. (1) Every Government
establishment shall furnish to the local special employment exchange returns in
Form -1 once in every six months for the period from 1st April to 30th
September and from 1st October to 31st March, and in Form -II once in every two
years. (2) The six monthly
return shall be furnished within thirty days of the respective dates which is,
31st March and, 30th September of every financial year. (3) The two yearly return
shall be furnished within thirty days of the closing of every alternate
financial year: Provided that the first two yearly returns shall be furnished
for the financial year closing on 31st March, 2019. Every
Government establishment shall maintain the record of employees with
disabilities in FORM - III. CHAPTER – VII ACCESSIBILITY (1) Every establishment
shall comply with the following standards relating to physical environment,
transport and information and communication technology, namely :- (a) standard for public
buildings as specified in the Harmonised Guidelines and Space Standards for
Barrier Free Built Environment for Persons with Disabilities and Elderly
Persons as issued by the Government of India, Ministry of Urban Development in
March, 2016 or any other guideline issued specifically in this regard by
government from time to time; (b) standard for Bus Body
Code for transportation system as specified in the notification of the
Government of India in the Ministry of Road Transport and Highways, vide number
G.S.R. 895(E), dated the 20th September, 2016; (c) Information and
Communication Technology- (i) website standard as
specified in the Guidelines for Indian Government Websites, as adopted by
Department of Administrative Reforms and Public Grievances, Government of
India; (ii) documents to be
placed on websites shall be in Electronic Publication (ePUB) or Optical
Character Reader (OCR) based pdf format or other accessible formats. Provided
that the standard of accessibility in respect of other services and facilities
shall be specified by the State Government within a period of six months from
the date of notification of these rules. (2) The respective
Departments shall ensure compliance of the standards of accessibility specified
under this rule through the concerned domain regulators or otherwise. (3) The concerned
department shall take suitable measures to provide (a) facilities for
persons with disabilities at bus stops, railway stations and airports
conforming to the accessibility standards relating to parking spaces, toilets,
ticketing counters and ticketing machines; (b) access to all modes
of transport that conform the design standards, including retrofitting old
modes of transport, wherever technically feasible and safe for persons with
disabilities, economically viable and without entailing major structural
changes in design; (c) accessible roads to
address mobility necessary for persons with disabilities. (4) (a) No establishment
shall be granted permission to build any structure if the building plan does
not adhere to the rules formulated by the State Government under section 40 of
the Act. (b)
No establishment shall be issued a certificate of completion or allowed to take
occupation of a building unless it has adhered to the rules formulated by the
State Government. (5) All existing public
buildings shall be made accessible in accordance with the rules formulated by
the State Government within a period not exceeding five years from the date of
notification of such rules. The
State Government shall review from time to time the accessibility standards
notified based on the latest scientific knowledge and technology. CHAPTER – VIII SPECIAL SCHEMES AND DEVELOPMENT
PROGRAMMES The
concerned department (s) shall, by notification, within six months from the
date of notification of the Rules, make schemes in favour of persons with
benchmark disabilities in consultation with Assam State Commissioner for
Persons with Disabilities, to provide, (a) five per cent
reservation in allotment of agricultural land and housing in all relevant
schemes and development programmes, with appropriate priority to women with
benchmark disabilities; (b) five per cent reservation
in all poverty alleviation and various developmental schemes with priority to
women with benchmark disabilities; (c) five per cent
reservation in allotment of land on concessional rate, where such land is to be
used for the purpose of promoting housing, shelter, setting up of occupation,
business, enterprise, recreation centres and production centres. CHAPTER IX CERTIFICATE OF
REGISTRATION OF INSTITUTIONS (1) Every person who
establishes or maintains an institution for reception, care, protection,
education, training, rehabilitation and any other activities for persons with
disabilities shall be required to obtain a certificate of registration to be
issued by the Director of Social Welfare as competent authority notified by the
State Government under section 49 of the Act. (2) Application for the
certificate shall be made to the Director, Social Welfare in Form-XV,
accompanied by documents required therein, referred to in section 51 of the Act. (3) On receipt of the
application the competent authority shall verify the information furnished and
may make enquiries from the District Officer dealing with disability of the
district concerned or ask for additional information from the applicant and, if
satisfied, shall issue the certificate and, if otherwise, refuse to grant it
after giving the applicant a reasonable opportunity of being heard. (4) Every application
shall be disposed of within ninety days from the date of receipt. (5) Every application
made under sub-rule (1) shall be accompanied with:- (a) documentary evidence
of work in the area of disability; (b) the Constitution or
bye laws or regulations governing the institution; (c) audited statement and
details of grants received in the last three years, preceding the date of
application; (d) a statement regarding
total number of persons employed in the Institution along with their respective
duties; (e) the number of
professionals employed in the Institution; (f) a statement regarding
qualification of the professionals employed by the Institution, and (g) the proof of
residence of the applicant. (6) Every application
made under sub-rule (1) shall comply with the following requirements in respect
of the concerned institution, namely:- (a) that the institution
had been working in the field of care, protection, education, training,
rehabilitation, rights and any other activities for persons with disabilities
for not less than Three years immediately before the date on which the
application is made; (b) that the institution
is registered under the Indian Societies Registration Act, 1860 (XXI of 1860)
or under any other law for the time being in force in the State and a copy of
such registration certificate along with the byelaws and memorandum of
association of the society shall accompany the application; (c) that the institution
has not been running to profit any individual or a body of individuals; (d) that the institution
has employed professionals registered with the Rehabilitation Council of India
or other trained professionals to cater to the special needs of persons with
disabilities (e) that the institution
has adequate facilities to cater to the needs of persons with disabilities in
areas where the institution works in; and (f) that the institution
has submitted its audited accounts and annual reports of last three years with
the Directorate of Social Welfare, Assam. (7) Validity of
certificate: The certificate of registration under this rule, unless revoked
under section 52 of the Act, shall remain in force for a period of five years
and from the date on which it is granted or renewed. (8) Renewal of
certificate: An application for the renewal of certificate of registration
shall, be made in the same manner as per the application for grant of
certificate under sub-rule (1) accompanied with the previous certificate of
registration and a statement that the application is applying for renewal of
the certificate so accompanied. Provided
that such application shall be made before sixty days of the expiry of the
validity of such certificate; Provided
further that the Directorate of Social Welfare, Assam may consider application
for renewal of the certificate of registration after 60 days but not later than
120 days, if he is satisfied that sufficient reasons has been provided for such
delay. (9) If the application
for renewal of certificate of registration is made before its expiry as
specified in the proviso to sub-rule (8), the certificate of registration shall
continue to be in force until orders are passed on the application and the
certificate of registration shall be deemed to have expired if application for
its renewal is not made within sixty days as specified in the said proviso. (10) Every application
made under clause 1 of sub rule (8), in which the competent authority referred
to in sub-section (1) of Section 51 of the Act, is satisfied that the
requirements for grant of certificate of registration under the Act, and Rules
made there under have been complied with, shall be disposed of by it within a
period of ninety days thereafter. Any
person aggrieved by the order of the Director of Social Welfare, Assam referred
to in sub-rule (1) of Rule 26, refusing to grant a certificate of registration
or revoking a certificate of registration may, within Ninety days from the date
of the order, prefer an appeal against that order to the appellate authority
notified by Social Welfare Department under sub-section (1) of the section 53
of the Act, and the appellate authority may after such enquiry into the matter
as it considers necessary and after giving the appellant an opportunity of
being heard, make such order as it thinks fit. Every
institution registered by the Director, Social Welfare, Assam under the Act
shall be subject to revocation of registration as per section 52 of the
Act. CHAPTER X CERTIFICATE OF
DISABILITY (1) Any person with
specified disability notified by the Central Government along with guidelines
for assessment of specified disability referred to in Section 56 of the Act may
apply in FORM - IV for a certificate of disability and submit the application
to the certifying authorities notified by the State Government under the Act. (a) the District Medical
and Health Officer of the district in which the applicant resides; or (b) the Medical Officers
of hospitals in the districts or sub-divisions, community health centres,
primary health centres or areas as the State Government may designate from time
to time; Note
1: Specified disability is a disability specified in the Schedule to the Act. (c) provided that where a
person with disability is a minor or has intellectual disability or any other
disability which renders him unfit or unable to make such an application
himself, the application, on his behalf, may be made by his legal/limited
guardian or by any organisation registered under the Act having the minor under
its due care. (d) provided also that
issue of certificates to those diagnosed and/or under treatment in public or
private hospitals for any of the disabilities mentioned in the Act shall be
governed by Rule 30 (6). (2) The application shall
be accompanied by - (a) proof of residence
(including but not restricted to Passport, Ration Card with Photograph, Pass
Book from bank or Post Office with Photograph, Aadhar Card or Aadhar Enrolment
Number, EPIC card, Government I Card with Photograph, Pension Certificate with
photograph, Driving Licence, Utility Bills, Certificate of address issued by
MP/MLA/Gazetted Officer on their letterhead, Certificate of a Gaon Burah
countersigned by a Revenue Officer) (b) two recent passport
size photographs; (1) On receipt of an
application under rule 29, the medical authority or any other notified
competent authority shall, verify the information as provided by the applicant
and shall assess the disability in terms of the relevant guidelines issued by
the Central Government and after satisfying himself that the applicant is a
person with disability, issue a certificate of disability in his favour in Form
V, VI and VII, as the case may be. (2) The medical authority
shall issue the certificate of disability within a month from the date of
receipt of the application. (3) The medical authority
shall, after due examination - (i) issue a permanent
certificate of disability in cases where there are no chances of variation of
disability over time in the degree of disability; or (ii) issue a certificate
of disability indicating the period of validity, in cases where there is any
chance of variation over time in the degree of disability. (4) If an applicant is
found ineligible for issue of certificate of disability, the medical authority
shall convey the reasons to him in writing under Form VIII within a period of
one month from the date of receipt of the application. (5) The State Government
shall ensure that the certificate of disability is granted on online platform
from such date as may be notified by the State Government. (6) A person who is under
treatment for any of the 21 specified disabilities under the Act, if found
being above the benchmark of 40 percent, the medical authority in charge of
said treatment, whether government or private, shall be mandated to issue
Disability Certificate on the spot without charging any further dues in
appropriate specified forms, irrespective of the fact whether the certificate
is demanded by the person with disability who comes/is brought in for
diagnosis/treatment or not. Such certificate should be countersigned by the
Joint Director Health Services based on the findings of the doctor. A
person to whom the certificate issued under rule 30 shall be entitled to apply
for facilities, concessions and benefits admissible for persons with disabilities
under schemes of the Government and of non-Governmental organizations funded by
the Government. The
certificate of disability issued under the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of
1996) shall continue to be valid after commencement of the Act for the period
specified therein. (1) Any person aggrieved
with the decision of the certifying authority designated by the Health and
Family Welfare Department can prefer an appeal before the appellate authority
to be duly notified by the State Government under sub-section (1) of section 59
of the Act.. (a) The appeal shall
contain brief background and the grounds for making the appeal. (b) The appeal shall be
accompanied by a copy of the certificate of disability or letter of rejection
issued by the certifying authority. Provided
that where a person with disability is a minor or suffering from any disability
which renders him unfit to make such an appeal himself, the appeal on his
behalf may be made by his legal or limited guardian as the case may be. (2) On receipt of such
appeal, the appellate authority shall provide the appellant an opportunity to
present his case and thereafter pass such reasoned and detailed order as it may
deem appropriate. (3) Every appeal
preferred under sub-rule (1) shall be decided as expeditiously as possible and
not later than a period of sixty days from the date of receipt of the
appeal. CHAPTER – XI STATE ADVISORY BOARD The
State Advisory Board constituted by the State Government with members as
envisaged in section 66 of the Act, shall function in accordance with the
provisions of the Act and the rules. (1) The State Government
may designate the Senior most Secretary to the Social Welfare Department to be
the Member Secretary of the State Advisory Board. (2) The functions of the
Member Secretary shall be to- (a) issue all notices and
deal with correspondences pertaining to the Board; (b) keep or cause to be
kept the records and accounts of the Board; (c) record and maintain
the proceedings of Board meetings and take follow up action; and (d) perform such other
functions and duties as are normally incumbent on such officer. (1) The meeting of the
State Advisory Board on disability constituted under sub-section (1) of Section
66 of the Act (hereinafter in this Chapter referred to as 'the Board) shall
ordinary be held in Guwahati on such dates as may be fixed by its Chairperson. Provided
that the Board shall meet at least once in every four months. (2) The chairperson of
the Board shall, upon the written request of not less than ten members of the
Board, call for a special meeting of the Board. (3) Fifteen clear days
notice of an ordinary meeting and five clear days notice of a special meeting
specifying the time and the place at which such meeting to be held and the
business to be transacted thereat, shall be given by Member-Secretary to the
members of the Board. (4) Notice of a meeting
may be given to the members of the Board by delivering the same to them by
messenger or sending it by registered post to their respective last known
places of residence or business or by email or in such other manner as the
Chairperson of the Board may, in the circumstances of the case, thinks fit. (5) No member of the
Board shall be entitled to bring forward for the consideration of the meeting
any matter of which he has not given ten clear days notice to the Member
Secretary of the Board, unless the Chairperson of the Board, in his discretion,
permits him to do so. (6) The Board may adjourn
its meeting from day to day or to any particular day as under: (a) Where a meeting of
the Board is adjourned from day to day, notice of such adjourned meeting shall
be given, to the members of the Board available at the place where the meeting
which was adjourned was to be held and it shall not be necessary to give notice
of the adjourned meeting to the rest of the members. (b) Where a meeting of
the Board is adjourned not from day to day but from the day on which the
meeting is to be held to another date, notice of such meeting shall be given to
all the members of the Board in the manner as specified in sub-rule (4). The
terms and conditions of service of members of the State Advisory Board shall be
as per section 67 of the Act. Provided
that members nominated under clause (e) of sub-section 2 of section 66 of the
Act shall be eligible for re-nomination for a minimum period of two consecutive
terms. (1) The non-official
Members of the State Advisory Board on disability, not residing in the State
capital region, shall be paid an allowance of rupees two thousand per day for
each day of the actual meeting of the said Board. They will also be entitled to
draw TA/DA as admissible to a Class I officer of the State Government to attend
the meeting. (2) A fixed honorarium of
rupees one thousand five hundred per day of the actual meeting to all the
members on due attendance and participation in the State Advisory Board. the
members of State Advisory Board shall be disqualified as provided in section 68
of the Act. The
Chairperson of the Board shall preside at every meeting of the Board and in his
absence, the Vice-Chairperson thereof shall preside, but when both the
Chairperson and the Vice- Chairperson of the Board are absent from any meeting,
the authorised representative of the Chairperson or in his absence the
representatives of the Vice chairperson shall preside over meeting. (1) One-third of the
total members of the Board shall form the quorum for any meeting. (2) If any time fixed for
any meeting or during the course of any meeting, less than one-third of the
total members of the Board are present, the Chairperson thereof may adjourn the
meeting to such hours on the following or on some other future date as he may
fix. (3) No quorum shall be
necessary for the adjourned meeting of the Board. (4) Where a meeting of
the Board is adjourned under sub-rule (2) for want of quorum to the following
day or to another date with sufficient gap, notice of such an adjourned meeting
shall be given to the members who were supposed to be present in the adjourned
meeting and it shall not be necessary to give notice of the adjourned meeting
to other members in the matter as specified in Sub rule (4) of the Rule 36; (5) No matter which had
not been on the agenda of the ordinary or the special meeting of the Board, as
the case may be, shall be discussed at its adjourned meeting except as referred
to in Rule 36(5) of the PWD Rules, (1) Record shall be kept
of names of all members of the Board who attended the meeting of the Board and
of the proceedings at the meetings in a book to be maintained for that purpose
by the Member Secretary of the Board. (2) The minutes of the
previous meeting of the Board shall be read at the beginning of every
succeeding meeting and shall be confirmed and signed by the presiding officer
at such meeting. (3) The proceedings shall
be open to inspection by any member of the Board at the office of the
Member-Secretary of the Board during office hours. (1) At any meeting of the
Board business shall be transacted which is entered in the agenda, unless
otherwise resolved in the meeting with the permission of the presiding officer
under rule 36(5) of the rules. Provided
that either at the beginning of the meeting of the Board or after the
conclusion of the debate on a motion during the meeting, the presiding officer
or a member of the Board may suggest a change in the order of business as
entered in the agenda and if the Chairperson of the Board agrees, such a change
shall take place. All
questions considered at a meeting of the Board shall be decided by a majority
of votes of the members of the Board present and voting and in the event of
equality of votes, the Chairperson of the Board, or in the absence of the
Chairperson, the Vice-Chairperson of the Board or in the absence of both the
Chairperson and the Vice-Chairperson, the Member presiding at the meeting, as
the case may be, shall have a second or casting vote. No
proceeding of the Board shall be invalid by reasons of existence of any vacancy
in or any defect in the constitution of the Board. (1) Meetings of the Board
may be held at Guwahati or at any place in the State and the notices shall
specify the venue, time and place of the meeting to be held. If
any case arises where an opinion or special advice is required, the Board may
invite to a meeting, a person possessing adequate knowledge in the field to be
present or refer the case to a consultant and seek his opinion or advice. Such
person(s) shall not be part of the quorum and shall not carry voting rights. The
Social Welfare Department of Government of Assam shall be Nodal Department on
all members relating to policies for persons with disabilities and
coordination. (1) The District Level
Committee on disability referred to in Section 72 of the Act shall be
constituted in every district in the State and shall be known as "The
(name of the district) District Level Committee on Disability" consisting
of the following members to be notified by the State Government, namely: (i) Deputy Commissioner
of the district ........ex-officio Chairperson (ii) District Development Commissioner/Additional
Deputy Commissioner (Social Welfare) ............Vice chairperson (iii) Superintendent of
Police of the District ..........Member, (iv) Secretary, District
Legal Services Authority ...........Member, (v) Joint Director of
Health Services of the District ...........Member, (vi) A clinical
Psychologist/Psychiatrist of the District...........Member, (vii) District Inspector of
School/District Elementary Education Officer .........Member, (viii) District Employment
Officer ..........Member, (ix) Public Prosecutor of
the District ..........Member, (x) District Child
Protection Officer .........Member, (xi) Two Representatives
of Registered Organizations dealing with disability.........Member, (xii) Two Persons with
disabilities as defined in Clause (s) of Section 2 of the Act out of which one
shall be a woman ..........Member; (xiii) District Social
Welfare Officer ..........Member Secretary; Any
other person (s) invited as expert (s) by the Chairperson. (2) Quorum: One-half of
total members present shall form the quorum. (3) Terms and Conditions
of service of members: (a) the nominated members
shall hold office for a term of three years provided that such a member shall,
not withstanding the expiration of his term, continue to hold office until his
successor enters upon his office. (b) the State
Government/Chairperson of the District Level Committee may, it he thinks fit,
remove any member nominated under clause (xi) and (xii) of sub-rule 1 before
expiry of his term, after giving him a reasonable opportunity of showing cause
against the same. (c) A casual vacancy in
the District Level Committee shall be filled by fresh nomination to the
Chairperson of the District Level Committee and the persons nominated to fill
vacancy shall hold office only for the remainder of the term for which the
member in whose place he was so nominated. (d) A member nominated
under clause (xi) and (xii) of sub-rule 1 shall be eligible only for one
consecutive re-nomination. (e) Non-Official Members
residing outside District Head Quarter shall be paid an allowance of Rupees One
thousand per day for each day of the actual meeting of the committee. (f) Expert member(s)
invited for a meeting shall not be part of the quorum requirement. (1) The District level
Committee on disability shall perform the following functions namely:- (a) Advise the District
authorities on matters relating to rehabilitation and empowerment of persons
with disabilities. (b) Monitor the
implementation of the provisions of the Act and the rules made there under by
the District authorities. (c) Assist the District
authorities in implementation of schemes and programmes of the Government for
empowerment of persons with disabilities. (d) Perform as district
level authority for appointment of limited guardianship for persons with
disabilities as provided in Rule 8 of the Assam State RPwD Rules. (e) Look into the
complaints relating to non implementation of the provisions of the Act by the
District authorities and recommend suitable remedial measures to the concerned
authority to redress such complaints. (f) Look into the appeal
made by the employees of Government establishments aggrieved with the action
taken by the District level establishments under subsection (4) of Section 23
of the Act and recommend appropriate measures. (g) Hold minimum of one
meeting in a month. (h) Submit progress reports
to the Social Welfare Department for action taken during the month. (i) Any other functions
as may be assigned by the State Government. (a) Member(s) of the
District Level Committee shall be disqualified as per section 68 of the Act
applicable to members of the State Advisory Board. Provided that the
Chairperson of the District Level Committee shall be the competent authority to
disqualify members, with intimation to the State Government. (b) In case of an appeal
against the disqualification, the order of State Government in Social Welfare
Department shall be final. (a) The chairman as any
member of the District Level Committee shall be eligible to receive any
complaint(s) information(s) appeal of any nature relating to persons with
disabilities from any source and through any medium viz. Print, electronic,
verbal etc. (b) The members concerned
shall immediately inform about the complaint(s)/information(s) and appeal to
the Chairman, Vice Chairperson, Member Secretary for immediate response and
placement before the District Level Committee at its next meeting. (c) The
complaint(s)/information(s)/appeal(s) shall be disposed of by the District
level Committee with specific order/recommendation within a period of Ninety
days of receipt. CHAPTER – XII STATE COMMISSIONER
FOR PERSONS WITH DISABILITIES A
person shall not be qualified to be appointed as a State Commissioner for
Persons with Disability under subsection (1) of Section 79 of the unless,- (i) he has special
knowledge or practical experience in respect of the matters relating to
rehabilitation of persons with disabilities; (ii) he has attained the
age of fifty five years on the 1st January of the year in which the last date
for receipt of applications, as specified in the advertisement inviting
applications for appointment of the State Commissioner, occurs; (iii) he possesses the
following educational qualifications and experience:- (A) Educational
Qualifications: (i) Graduate from a recognized University; (B) Experience: (i) At least twenty years
experience in a Class I level or equivalent post:- (a) In Central or State
Government; or (b) Public Sector
undertakings or Semi Government or Autonomous Bodies dealing with disability
related matters or social sector; or (c) Worked in the
capacity of a senior level functionary in a registered State or national or
international level voluntary organization in the field of disability or social
development; Provided
that out of the total twenty years experience mentioned in this sub-clause, at
least two years of experience had been in the field of social development or
empowerment of persons with disabilities. (1) At least six months
before the post of State Commissioner is due to fall vacant, an advertisement
shall be published in at least two national or state level daily newspapers,
one in English and the other in the vernacular language inviting applications
for the post from eligible candidates fulfilling the criteria mentioned in rule
53. (2) A Committee shall be
constituted by the Government of Assam to select a suitable candidate for
appointment to the post of the State Commissioner. The Committee will recommend
to the Government the name of one candidate for appointment as State
Commissioner and the government will appoint the State Commissioner based on
the recommendation of this Committee. (3) The Committee
referred to in sub-rule (2) shall be constituted as follows (i) Chief OP Secretary.
....................Chairperson (ii) One Additional Chief
Secretary .....................Member (iii) Senior -most
Secretary in-charge of Social Welfare Department........Member Secretary (1) The State Commissioner
shall be appointed on full-time basis for a period of three years from the date
on which he assumes office, or till he attains the age of sixty-five years,
whichever is earlier. (2) A person may serve as
State Commissioner for a maximum of two terms, subject to the upper age limit
of sixty-five years. (1) The salary and
allowances of the State Commissioner shall be the salary and allowances as
admissible to an Additional Chief Secretary of the State Government. (2) Where a State
Commissioner, being a retired government servant or a retired employee of any
institution or autonomous body funded by the Central or State Government, is in
receipt of pension in respect of such previous service, the salary admissible
to him under these rules shall be reduced by the amount of the pension, and if
he had received in lieu of a portion of the pension, the commuted value
thereof, by the amount of such commuted portion of the pension. The
other terms and conditions of service of State Commissioner shall be such as
specified below, namely:- (a) Leave: The
State Commissioner shall be entitled to such leave as is admissible to an
officer of the rank of Additional Chief Secretary. (b) Leave Travel
Concession: The
State Commissioner shall be entitled to such Leave Travel Concession as is
admissible to an officer of the rank of Additional Chief Secretary. (c) Medical: The
State Commissioner shall be entitled to such medical benefits as is admissible
to an officer of the rank of Additional Chief Secretary (1) The State
Commissioner may, by notice in writing, under his hand, addressed to the
Senior-most Secretary of Social Welfare Department of State Government, resign
from his post. Provided
that the State Commissioner shall continue in the office until expiry of one
month of notice period or until his resignation is accepted by the Government,
whichever is earlier. (2) The State Government
shall remove the State Commissioner from his office, if he- (a) Becomes an
un-discharged insolvent; or (b) Engages himself
during his term of office in any paid employment or activity outside the duties
of his office; or (c) Is convicted and
sentenced to imprisonment for an offence which is in the opinion of the State
Government involves moral turpitude; or (d) Is in the opinion of
the State 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; or (e) Without obtaining
leave of absence from the State Government, remains absent from duty for a
consecutive period of sixty days or more; or (f) Has, in the opinion
of the State Government, so abused the position of the State Commissioner as to
render his continuance in the office detrimental to the interest of persons
with disability. (3) The State Government
may suspend a State Commissioner, in respect of whom proceedings for removal
have been commenced, or is contemplated, in accordance with sub-rule (2),
pending conclusion of such proceedings. The
other conditions of service of the State Commissioner, in respect of which no
express provision has been made in these rules, shall be determined by the
rules and orders for the time being applicable to the Secretary to the State
Government. (1) A complainant may
present a complaint containing the following particulars in person or by his
agent to the State Commissioner or send it by registered post or by email
addressed to the State Commissioner, namely:- (a) the name, description
and the address 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 may be ascertained; (c) the facts relating to
complaint and when and where it arose; (d) documents in support
of the allegations contained in the complaint; (e) the relief which the
complainant claims. (2) The State
Commissioner on receipt of a complaint 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 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 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. (5) Where the complainant
or his agent or opposite party(s) or his/their agent fails to appear before the
State Commissioner on such days, the State Commissioner may either dismiss the
complaint on default or decide on merits, ex parte. (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 notice being given to the opposite
party. (1) The State Government
shall appoint 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, of whom two shall be women; (b) One expert each in
the field of barrier-free environment, i.e. (i) for built
environment, (ii) for transportation, (iii) for information,
communication technology and other services. (c) One expert in the
area of employment of persons with disabilities; and (d) One legal expert. (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. (3) The tenure of the
members of the Advisory Committee shall be for a period of three years. (4) The members of the
Advisory Committee, shall be paid an honorarium of rupees one thousand per day
for each day of the actual meeting. (5) Non-official members
of the Advisory Committee, not residing in the State capital shall be paid
daily and travelling allowances for each day of the actual meetings at the rate
admissible to a Class I officer of the State Government. (1) The State
Commissioner shall as soon as may be possible after the end of the financial
year, but not later than the 30th day of September in the next year ensuing,
prepare and submit to the State Government an annual report giving a complete
account of his activities during the said financial year. (2) In particular, the
annual report referred to in sub-rule (1) shall be in the form so that the
details of separate matters be provided under separate heads inter-alia
containing therein information in respect of each of the following matters,
namely:- (a) names of officers and
employees in the office of the State Commissioner and a chart showing the
organizational set up; (b) the functions which
the State Commissioner has been empowered with under the Act and the highlights
of the performance in this regard; (c) the main
recommendation made by the State Commissioner; (d) progress made in the
implementation of the Act in the State; and (e) any other matter
deemed appropriate for inclusion by the State Commissioner or specified by the
State Government from time to time to be included in the report. CHAPTER – XIII PUBLIC PROSECUTOR (1) The Public Prosecutor
to be appointed by the State Government in every Special Court preferably shall
have:- (a) Practical experience
of handling cases of persons with disabilities. Provided
where such a person is not available, the appointee shall mandatorily be
provided orientation training as may be notified by the State Government in
this regard. (b) Experience at the Bar
of not less than five years. (c) Shall be well versed
with local language and customs. (2) The fee and other
remunerations of the Special Public Prosecutor specified or appointed under
sub-section 85 of the Act shall be the same as that of Public Prosecutor
appointed by the State Government under the code of criminal procedure, 1973 (1
of 1974) for conducting the cases before a court of session. CHAPTER – XIV STATE FUND FOR
PERSONS WITH DISABILITIES (I) There shall be
constituted a fund to be called " The Assam State Fund for Persons with
Disabilities" (hereinafter referred to as the State Fund), into which
shall be credited: (a) all sums received by
way of grant, gifts, donations, benefactions, bequests or transfers; (b) all sums received
from the State Government including grants-in-aid; and (c) all sums from such
other sources as may be decided by the State Government. (II) A corpus fund with an
initial subscription of Rupees Five crores shall be created by the State
Government. (1) There shall be a
governing body consisting of following members to manage the State Fund,
namely;- (a) The Senior-most
Secretary of the Department dealing with Empowerment of Persons with
Disabilities, in the State Government - Chairperson; (b) two representatives
from the Department of Health and Family Welfare, Department of Education,
Department of Labour and Employment, Department of Skill, Employment and
Entrepreneurship Development, Department of Finance, Department of Panchayat
& Rural Development in the State Government, not below the rank of a Joint
Secretary, by rotation in alphabetical orders - Members (c) two persons
representing different types of disabilities to be nominated by the State
Government, by rotation - Members; (d) Director in the
Directorate dealing with Empowerment of Persons with Disabilities in the State
Government - Convener and Chief Executive Officer. (2) The governing body
shall meet as often as necessary, but at least twice in every financial year. (3) The nominated members
shall hold office for not more than three years. (4) No member of the
governing body shall be a beneficiary of the Fund during the period such Member
holds office. (5) The nominated
non-official members shall be eligible for payment of travelling allowance and
dearness allowance as admissible to a Group 'A' officer of the State Government
for attending the meetings of the governing body. (6) No person shall be
nominated under clause (b) and (c) 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 State Government, involves
moral turpitude; or (b) is, or at any time
has been, adjudicated as an insolvent. (1) The State Fund shall
be utilized for the following purposes, namely:- (a) Financial assistance
in the areas which are not specifically covered under any scheme and programme
of the State Government or are not adequately funded under any scheme or
programme of the Central/State Government; (b) for the purpose of
implementation of the provisions of the Act; (c) administrative
expenses of the fund, as may be required to be incurred by or under the Act not
exceeding total interest accrued every year. (d) such other purposes
as may be decided by the governing body. (2) Every proposal of
expenditure shall be placed before the governing body for its approval. (3) The Chief Executive
Officer may engage existing staff under his administrative control to
administer the Fund. The
Chief Executive Officer of the State Fund shall prepare the budget for
incurring expenditure under the State Fund in each financial year showing the
estimated receipt and expenditure of the Fund, in January and June every year
and shall place the same for consideration of the governing body. The
Annual Administrative Report of the Department dealing with Empowerment of
Persons with Disabilities in the State Government shall include a chapter on
the State Fund. The
annual audit of the State Fund and all expenses made under the Act and Rules by
all functionaries should be carried out by a competent authority, determined by
the Governing Body. RIGHTS
OF THE PERSONS WITH DISABILITIES (ASSAM) RULES, 2018
PREAMBLE