[1][THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES,
PROTECTION OF RIGHTS AND FULL PARTICIPATION) KERALA RULES, 2000] In exercise of
powers conferred by sub-section (1) read with sub-section (2) of Section 73 of
the Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995, (Central Act 1 of 1996), the Government of
Kerala hereby make the following rules, namely: (1)
These
rules may be called "The Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Kerala Rules, 2000. (2)
They
shall come into force at once. In these rules unless the context otherwise
requires: (a)
"Act"
means the Persons with Disabilities (Equal Opportunities. Protection of Rights
and Full Participation) Act, 1995 (Central Act 1 of 1996); (b)
"chairperson"
means a Chairperson of the State Co-ordination Committee or as the case may be
the State Executive Committee; (c)
"member"
means a member of the State Co-ordination Committee or as the case may be the
State Executive Committee; (d)
"member-secretary"
means a member-secretary of the State Co-ordination Committee or as the case
may be the State Executive Committee; (e)
"notification"
means the notification published in the official Gazette; (f)
"rules"
means rules made under the Act; (g)
"section"
means a section of the Act; (h)
"year"
means the financial year; (i)
HE-Words
and expressions not defined in the rules but defined in the Act shall have the
same meaning respectively assigned to them under the Act. CHAPTER II -
EVALUATION OF VARIOUS DISABILITIES The Guidelines for evaluation of various
disabilities as published in Gazette of India, Part I, Section I No.
4-2/83-HW-III dated 6th August, 1986 Government of India, Ministry of Welfare,
and as may be amended from time to time, shall be followed for evaluation of
various disabilities mentioned in clauses (b), (e), (i), (1), (n) (o), (q),
(r), (t) and (u) of section 2 of the Act which is annexed as Annexure 'A' to
these rules. A Disability Certificate shall be issued by a
Medical Board duly constituted by the State Government. The State Government
shall constitute a Medical Board at every District Headquarters consisting of
at least three members out of which at least one may be a specialist in the
particular field of assessing the disability. The Medical Board shall issue the
Disability Certificate within one month of the date of receipt of the
application. (1)
The
Medical Board may after due examination, give a Permanent Disability
Certificate in cases of such permanent disabilities where there are no chances
of variation in the degree of disability. Wherever there is any chance of
variation in the degree of disability, the Medical Board may indicate the
period of validity in the Certificate. (2)
The
form of application for certificate of disability and the form of Disability
Certificate are annexed as 'Annexure B' to these rules. The Certificate issued under the above rule
shall be valid for whole of the country except the State of Jammu and Kashmir
and may make a person eligible to apply for facilities, concessions and
benefits admissible under any scheme of Government or Non-Governmental
Organizations, subject to such conditions as the Central or the State
Government may impose from time to time. The State Government shall also appoint an
Appellate Medical Board to resolve any dispute. The Superintendent, Medical
College Hospital, Thiruvananthapuram shall be the Chairman of the Appellate
Medical Board and the Professor and Head of the Department, Physical Medicine
and Rehabilitation, Medical College. Thiruvananthapuram and the Professor and
Head of the Department of the concerned speciality, Medical College,
Thiruvananthapuram shall be the members. CHAPTER III -
THE STATE CO-ORDINATION COMMITTEE The Member-Secretary shall keep a record of
names of members and their addresses. If a member changes his address, he shall
inform his new address to the Member-Secretary who shall thereupon enter his
new address, in the official records but if he fails to Inform his new address,
the address in the official records shall for all purposes be deemed to be
member's correct address. (1)
Non-official
members of the State Co-ordination Committee, resident at State Headquarters,
shall be paid an allowance of Rs. 125 for each day of the actual meetings of the
State Co-ordination Committee. (2)
Non-official
members of the State Co-ordination Committee, not resident at State
Headquarters, shall be paid daily and travelling allowances for each day of the
actual meetings admissible to a Grade-I Officer of the State Government: Provided that in case of a member of State
Legislature who is also a member of the State Co-ordination Committee, the said
daily and travelling allowances shall be paid at the rates admissible to him as
member of State Legislature when the Legislature is not in session and on
production of a certificate by the member that he has not drawn any allowance
for the same journey and halts from any other Government source. (1)
The
meetings of the State Co-ordination Committee shall ordinarily be held at the
State headquarters on such dates as may be fixed by the Chairperson: Provided that it shall meet at least once in
every six months. (2)
The
Chairperson shall, upon the written request of not less than 10 members of the
State Co-ordination Committee, call a special meeting of the State
Co-ordination Committee. (3)
15
clear days' notice of an ordinary meeting and 5 clear days' notice of a special
meeting specifying the time and the place at which such meeting is to be held
and the business to be transacted thereat, shall be given by the
Member-Secretary to the members. (4)
Notice
of a meeting may be given to the members by delivering the same by messenger or
sending it by registered post to his last known place of residence or business
or in such other manner as the Chairperson, may in the circumstances of the
case, thinks fit. (5)
No
member shall be entitled to bring forward for the consideration of the meeting
any matter of which he has not given 10 clear days' notice to the
Member-Secretary, unless the Chairperson, in his discretion, permits him to do
so. (6)
(a)
The State Co-ordination Committee may adjourn its meetings from day to day or
to any particular day. (b) Where a meeting of the State
Co-ordination Committee is adjourned from day to day notice of such adjourned
meeting shall be given to the members available in the city, town, or other
place where the meeting which is adjourned If held either by telephone or by
special messenger and it shall not be necessary to give notice of the adjourned
meeting to other members. (c) Where a meeting of the State
Co-ordination Committee 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 as provided in sub-rule (4). The Chairperson shall preside at every
meeting of the Board at which he is present, and in his absence, the members
present shall elect one of the members to preside at that meeting. (1)
One-third
of the total members shall form the quorum for any meeting. (2)
If
at any time fixed for any meeting or during the course of any meeting less than
one-third of the total members are present, the Chairperson may adjourn the
meeting to such hours on the following date or on some other future date as he
may fix. (3)
No
quorum shall be necessary for the adjourned meeting. (4)
No
matter, which had not been on the agenda of the original meeting shall be
discussed at such adjourned meeting. (5)
(a)
Where a meeting of the State Co-ordination Committee is adjourned under
sub-rule (2) for want of quorum to the following day, notice of such adjourned
meeting shall be given to the members available in the city, town, or other
place where the meeting which is adjourned is held, either by telephone or by
special messenger and it shall not be necessary to give notice of the adjourned
meeting to other members. (b) Where a meeting of the State
Co-ordination Committee is adjourned under sub-rule (2) for want of quorum not
to the following date with sufficient gap notice of such adjourned meeting
shall be given to all the members as provided in sub-rule (4) of rule 11. (1)
Record
shall be kept of the names of members who attend the meeting and of the
proceedings at the meeting in a book to be maintained for that purpose by the
Member-Secretary, (2)
The
minutes of the previous meeting shall be read at the beginning of the every
succeeding meeting, 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 the office hours. Any non official member of the State
Co-ordination Committee absenting himself from three consecutive meetings
without leave of the Chairperson shall cease to be a member of the State
Co-ordination Committee. The presiding officer shall maintain order at
the meeting. Except with the permission of the presiding
officer no business which is not entered in the agenda or of which notice has
not been given by a member under sub-rule (5) of rule 11, shall be transacted
at any meeting. 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 Chair. All questions considered at a meeting of the
committee shall be decided by a majority of votes of the members present and
voting and in the event of equality of votes, the Chairperson, or in the
absence of Chairperson, the member presiding at the meeting, as the case may
be, shall have casting vote. No proceeding of the State Co-ordination
Committee shall be invalid merely by reasons of existence of any vacancy or any
defect in the constitution of the Committee. CHAPTER IV -
THE STATE EXECUTIVE COMMITTEE (1)
Non-official
members, of the State Executive Committee, resident at State headquarters,
shall be paid allowance of Rs. 1.25 per day for each day of the actual meetings
of the State Executive Committee. (2)
Non-official
members of the State Executive Committee, not resident at State Headquarters,
shall be paid daily and travelling allowances for each day of the actual
meetings admissible to a Grade-1 Officer of the State Government. (1)
The
meetings of the State Executive Committee shall ordinarily be held at the State
Headquarters, on such dates as may be fixed by the Chairperson: Provided that it shall meet at least once in
every three months. (2)
The
Chairperson shall, upon the written request of not less than 10 members of the
State Executive Committee, call a special meeting of the State Executive
Committee. (3)
15
clear days' notice of an ordinary meeting and 5 clear days' notice of a special
meeting specifying the time and the place at which such meeting is to be held
and the business to be transacted thereat, shall be given by the
Member-Secretary to the members. (4)
Notice
of a meeting may be given to the members by delivering the same by messenger or
sending it by registered post to his last known place of residence or business
or in such other manner as the Chairperson, may, in the circumstances of the
case, thinks fit. (5)
No
member shall be entitled to bring forward for the consideration of the meeting
any matter of which he has not given 10 clear days notice to the
Member-Secretary, unless the Chairperson, in his discretion, permits him to do
so. (6)
(a)
The State Executive Committee may adjourn its meetings from day to day or to
any particular day. (b) Where a meeting of the State Executive
Committee is adjourned from day to day, notice of such adjourned meeting shall
be given to the members available in the city, town, or other place where the
meeting which is adjourned if held, either by telephone or by special messenger
and it shall not be necessary to give notice of the adjourned meeting to other
members. (c) Where a meeting of the State Executive
Committee 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 as provided in sub-rule (4). The Chairperson shall preside at every
meeting of the Board at which he is present, and in his absence, the members
present shall elect one of the members to preside at that meeting. (1)
One-third
of the total members shall form the quorum for any meeting. (2)
If
at any time fixed for any meeting or during the course of any meeting less than
one-third of the total members are present, the Chairperson 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. (4)
No
matter which had not been on the agenda of the original meeting shall be
discussed at such adjourned meeting. (5)
(a)
Where a meeting of the State Executive Committee is adjourned under sub-rule
(2) for want of quorum to the following day, notice of such adjourned meeting
shall be given to the members available in the city, town, or other place where
the meeting which is adjourned is held, either by telephone or by special
messenger and it shall not be necessary to give notice of the adjourned meeting
to other members. (b) Where a meeting of the State Executive
Committee is adjourned under sub-rule (2) for want of quorum not to the
following date but to another date, notice of such adjourned meeting shall be
given to all the members as provided in sub-rule (4) of rule 22. (1)
Record
shall be kept of the names of members who attend the meeting and of the
proceedings at the meeting in a book to be maintained for that purpose by the
Member-Secretary. (2)
The
minutes of the previous meeting shall be read at the beginning of every
succeeding meeting, 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. Any non-official member of the State
Executive Committee absenting himself from three consecutive meetings without
leave of the Chairperson shall cease to be a member of the State Executive
Committee. The presiding officer shall maintain order at
the meeting. 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 Chair. All questions considered at a meeting of the
committee shall be decided by a majority of votes of the members present and
voting and in the event of equality of votes, the Chairperson, or in the
absence of Chairperson, the member presiding at the meeting, as the case may
be, shall have casting vote. No proceedings of the State Executive
Committee shall be invalid merely by reasons of existence of any vacancy in or
any defect in the constitution of the Committee. (1)
The
State Executive Committee may invite any person, whose assistance to advice, if
considered useful in performing any of his functions, to participate in the
deliberations of any of its meetings. (2)
If
the persons associated with the State Executive Committee under sub-rule (1)
happens to be a non-official, resident at the State headquarters, he shall be
entitled to get an allowance of Rs. 125 per day for each day of actual meeting
of the State Executive Committee in which he is so associated. (3)
If
such a person is not resident at the State headquarters, he shall be paid daily
and travelling allowances for each day of the actual meeting admissible to a
Grade-1 Officer of the State Government. (4)
If
such a person is a Government servant or an employee in a Government
undertaking, he shall be entitled to travelling and daily allowances only at
the rates admissible under the relevant rules applicable to him on production
of a certificate by him that he has not drawn any such allowance for the same
journey and halts from any other Government source. The State Executive Committee may pay the
person associated with the Committee, with the prior approval or to the State
Government such fees as considered appropriate depending on the nature of work
assigned under Section 22, and the qualifications and experience of the
associated person: Provided that the State Executive Committee
shall not associate any person without the prior approval of the State
Government. If the period of association exceeds four months or fees payable to
him exceeds Rs. 3000 per month. The associated person shall not disclose any
information either given by the State Executive Committee or obtained during
the performance of the duties assigned to him either from the State Executive
Committee or otherwise, to any person other than the State Executive Committee
without the written permission of the Chairperson of the Committee. The associated person shall discharge such
duties and perform such functions as are assigned to him, by the State
Executive Committee. (1)
Vacancies
in posts of a technical and scientific nature occurring in Establishments in
respect of which the State Government is the appropriate Government under the
Act shall be notified to such Special Employment Exchanges as may be specified
by the State Government by notification in the official Gazette, in this
behalf. (2)
Vacancies
other than those specified in sub-rule (1), shall be notified to the local
Special Employment Exchange concerned. The vacancies shall be notified in writing to
the appropriate Special Employment Exchange, and the following particulars
shall be furnished, where practicable, in respect of each type of vacancy: (1)
Name
and address of the employer: (2)
Telephone
number of the employer, if any: (3)
Nature
of vacancy: (a)
Type
of workers required (Designation): (b)
Description
of duties: (c)
Qualifications
required: (i)
Essential: (ii)
Desirable: (d)
Age
limits, if any: (e)
Whether
women are eligible: (4)
Number
of vacancies: (a)
Regular: (b)
Temporary: (5)
Pay
and allowances: (6)
Place
of works (name of town /village and District in which it is situated): (7)
Probable
date by which the vacancy will be filled: (8)
Particulars
regarding interview /test of applicants: (a)
Date
of interview /test: (b)
Time
of interview /test: (c)
Place
of interview /test: (d)
Designation
and address of the person to whom applicants should report.: (9)
Whether
there is any obligation or arrangement for giving preference to the physically
handicapped persons in filling up the vacancies, and if so, the number of
vacancies to be filled by such persons. (10)
Any
other relevant information. The vacancies shall be re-notified in writing
to the appropriate. Special Employment Exchange if there is any change in the
particulars already furnished to the Special Employment Exchange under sub-rule
(1) of rule 35. (1)
Vacancies,
required to be notified to the local Special Employment Exchange, shall be
notified at least 15 days before the date on which applicants may be
interviewed or tested where interviews or tests are held, or the date on which
vacancies are intended to be filled, if no interviews or tests are held. (2)
Vacancies,
required to be notified to the Special Employment Exchange notified under
sub-rule (1) of rule 38 shall be notified at least four weeks before the date
on which applicants may be interviewed or tested where interviews or tests are
held or the date on which vacancies are intended to be filled, if no interviews
or tests are held. (3)
An
employer shall furnish to the concerned Special Employment Exchange, the
results of selection with 15 days from the date of selection. An employer shall furnish to the local Special
Employment Exchange quarterly returns in Form 1 and biennial returns in Form 11
as may be amended from time to time. Quarterly returns shall be furnished
within thirty days of the due dates, namely. 31st March. 30th June. 30th
September and 31st December. Biennial return shall be furnished within thirty
days of the due date as notified in the official Gazette. An employer shall maintain the record of
employees with disabilities in Form No. III, as may be amended from time to
time. CHAPTER VI -
RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES Every application for a certificate of
registration shall be made in Form IV and the Certificate granted shall be in
Form V. The competent authority may, after giving the
applicant reasonable opportunity of being heard, make an order refusing to
grant a certificate. Such order shall contain specific reasons for refusal to
grant such a certificate and shall be communicated to the applicant through
registered post. A certificate of registration granted under
Section 52 shall, unless revoked under Section 53, remain in force for a period
of three years. A person aggrieved by the order of the
competent authority refusing to grant a certificate or revoking a certificate
may, within a period of 30 days from the date of such order prefer an appeal to
the State Government against such refusal or revocation: Provided that the State Government may
entertain an appeal after the expiry of the said period of 30 days if it is
satisfied that there was sufficient cause for not filing it within that
period. CHAPTER VII -
COMMISSIONER FOR PERSONS WITH DISABILITIES (1)
A
complaint containing the following particulars shall be presented by the
complainant in person or by his agent to the Commissioner of persons with disabilities
or be sent by registered post addressed to the Commissioner: (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 can 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
Commissioner on receipt of a complaint shall refer a copy of the complaint to
the opposite party/parties mentioned in the complaint directing him to give his
version of the case within a period of 30 days or such extended reasonable
period as may be granted by the Commissioner. (3)
On
the date of hearing or any other date to which hearing could be adjourned, it
shall be obligatory on the parties or their agents to appear before the
Commissioner whether the Complainant of his agent fails to appear before the
Commissioner on such days, the Commissioner may in his discretion either
dismiss the complaint on default or decide on merits. Where the opposite party
or his agent fails to appear on the date of hearing, the Commissioner may take
such necessary action under Section 63 of the Act as he deems fit for summoning
and enforcing the attendance of the opposite party. He may, however, decide to
dispose of the complaint ex-parte also. (4)
The
Commissioner may on such terms as he deems fit and at any stage of the
proceedings, adjourn the hearing of the complaint. But the complaint shall be decided,
as far as possible, within a period of three months from the date of notice
received by the opposite party. The Commissioner for persons with
disabilities shall be entitled to salary, allowances and other perquisites as
are available to Secretary to the State Government. The Commissioner shall submit report to the
State Government on the implementation of the Act under Section 61 (d) of the
Act at the interval of six months in such a manner that at least two reports
are sent in one financial year. (1)
The
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 year ensuing, prepare
and submit to the State Government an annual report giving a true and faithful
account of his activities during the said 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 officers of staff of the Board and a chart showing the organizational set
up. (b)
The
functions which the Commissioner has been empowered under Sections 61 and 62 of
the Act and the highlights of the performance in this regard. (c)
The
main recommendations made by the Commissioner. (d)
Progress
made in the implementation of the Act-District-wise. (e)
Any
other matter deemed appropriate for inclusion by the Commission or prescribed
by the State Government from time to time. [1] Issued by G.O. (P) 13/2000 dated 19-6-2000 pub. in KG. Ex.
No. 1271 dated 30-6-2000 as SRO 603/2000 w.e.f. 30-6-2000.THE PERSONS WITH DISABILITIES
(EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) KERALA
RULES, 2000
PREAMBLE