Whereas the draft of the
Uttar Pradesh Rights of Persons with Disabilities Rules, 2017 was published by
Government Notification No. 539/65-3-2017-01-2017, dated November 6, 2017 with a
view to inviting objections and suggestions from all concerned likely to be
affected thereby as required under Section 101 of the Rights of Persons with
Disabilities Act, 2016; And, whereas objections or
suggestions in pursuance of the aforesaid notification on the said draft have
been considered by the State Government and amendment in the draft rule has
been made accordingly; Now, therefore, in exercise
of the powers conferred under Section 101 of the Rights of Persons with
Disabilities Act, 2016 (Act 49 of 2016), the Governor is pleased to make the
following rules-- CHAPTER-I PRELIMINARY (1)
These rules may be called the Uttar Pradesh
Rights of Persons with Disabilities Rules, 2017. (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)
"Form" means a form appended to
these rules. (2)
Words and expressions used in these rules and
not defined but defined in the Act shall have the meanings respectively
assigned to them in the Act. CHAPTER-II COMMITTEE FOR RESEARCH ON
DISABILITY (1)
The State Committee for Research on
Disability shall consist of the following members, namely- (i)
An eminent person having a vast experience in
the field of science and medical research to be nominated by the State
Government--Chairperson; (ii)
Director-General of Health Services of the
State Government or the Director nominated by him--Ex Officio-Member; (iii)
Five members as representatives from
registered State level organisation representing each of the five groups of
specified disabilities in the Schedule to the Act, to be nominated by the State
Government--Members: Provided that at least one
representative of the registered organisations is a woman. (iv)
Director dealing with empowerment of persons
with disabilities in the State Government--Member Secretary. (2)
The Chairperson may invite any expert as a
special invitee. (3)
The term of office of the nominated members
shall be for a period of three years from the date on which they enter upon
office but the nominated members shall be eligible for renominated for one more
term. (4)
One half of the members shall constitute the
quorum of the meeting. (5)
The non-official members and special invitees
shall be entitled for traveling allowance and dearness allowance as admissible
to a Group A or equivalent officer of the State Government. (6)
The State Government may provide the
Committee with such ministerial and other staff as the State Government
consider necessary. No person with disability
shall be considered to be a subject of a research except his/her free and
informed consent obtained through accessible modes. CHAPTER-III LIMITED GUARDIANSHIP (1)
A District Court or any authority designated
by the State Government on its own or otherwise shall grant the support of
limited guardianship to a person with disability to take a legally binding
decision on his behalf. (2)
The District Court or the designated
authority before granting limited guardianship for the person with disability
shall satisfy itself that such person is not in a position to take legally
binding decision on his own. (3)
The District Court or the designated
authority shall take a decision preferably within a period of one month from
the date of receipt of an application regarding grant of limited guardianship
or from the date of coming to his notice of the need of such limited
guardianship: Provided that the consent of
the person to act as a limited guardian shall also be obtained before grant of
such limited guardianship. (4)
The validity of the limited guardianship as
appointed under sub-rule (1) shall be initially for a period of five years
which can be extended further by the District Court or the designated authority
as the case may be: Provided that the District
Court or the designated authority shall follow the same procedure while
extending the validity of the limited guardianship as followed while granting
the initial guardianship. (5)
While granting the support of such limited
guardianship the Court or the designated authority shall consider a suitable
person to be appointed as a limited guardian in the following preference of
merit-- (a)
The parents or adult children of the person
with disability; (b)
Immediate brother or sister; (c)
Other blood relatives or care takers or
prominent personality of the locality. (6)
Only those individuals who have attained the
age of 18 years or more and have not been previously convicted of any
cognizable offence as defined in the Code of Criminal Procedure, 1973 (1 of
1974) shall be appointed. (7)
The limited guardian appointed under sub-rule
(1) shall consult the person with disability in all matters before taking any
legally binding decision on behalf thereof. (8)
The appointed limited guardian shall ensure
that the legally binding decisions taken on behalf of the person with
disability are in the interest of such person. CHAPTER-IV EDUCATION (1)
The terms and conditions of grant of
recognition to the educational institutions by the competent authority in the
State may include the requirements to comply with the provisions of Section 16
of the Act. CHAPTER-V CERTIFICATE OF REGISTRATION OF
INSTITUTIONS (1)
A person desirous of establishing or
maintaining an institution for persons with disabilities may make an
application in the Form appended to these rules to the competent authority referred
to in Section 51 of the Act. (2)
Every application made under sub-rule (1)
shall be accompanied with-- (a)
documentary evidence of work in the area of
disability; (b)
the Constitution or bye-laws or regulations
governing the institution; (c)
audited statement and details of granted
received in the last three years, proceeding the date of application; (d)
a statement regarding total number of persons
employed in the institution along with their respective duties; (e)
the number of professionals employed in the
institution; (f)
a statement regarding qualifications of the
professional employed by the institution; and (g)
the proof of residence of the applicant. (3)
Every application made under sub-rule (1)
shall comply with the following requirements in respect of the concerned institution,-- (a)
that the institution had been working in the
field of rehabilitation of persons with disabilities for not less than three
years immediately before the date on which the application is made; (b)
that the institution is registered under the
Indian Societies Registration Act, 1860 (Act 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 bye-laws 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 individual; (d)
that the institution has employed
professional registered with the Rehabilitation Council of India to cater to
the special needs of children with disabilities; (e)
that the institution has adequate teaching
and learning material for the persons with disabilities; and (f)
that the institution has submitted its
audited accounts and annual reports of last three years with the competent
authority. (4)
The certificate of registration under this
rule, unless revoked under Section 52 of the Act, shall remain in force for a
period of five years on and from the date on which it is granted or renewed. (5)
An application for the renewal of certificate
of registration shall, be made in the same manner as the application for grant
of certificate under sub-rule (1) accompanied with the previous certificate of
registration and a statement that the applicant is applying for renewal of the
certificate so accompanied: Provided that such application
shall be made before sixty days of the expiry of the validity of such
certificate: Provided further that the
competent authority may consider application for renewal of the certificate of
registration after 60 days but not later than 120 days, if he is satisfied that
sufficient reasons have been provided for such delay. (6)
If the application for renewal of certificate
of registration is made before its expiry as specified in the proviso to
sub-rule (5), the certificate of registration shall continue to be in force
until orders are passed on the application and the certificate of registration
shall be deemed to have expired if application for its renewal is not made
within sixty days as specified in the said proviso. (7)
Every application made under sub-rule (1) or
sub-rule (5), in which the competent authority referred to in sub-section (1)
of Section 51 of the Act, is satisfied that the requirements for grant of
certificate of registration under the Act and these rules have been complied
with, shall be disposed of by it within a period of ninety days thereafter. Any person aggrieved by the
order of the competent authority referred to in sub-section (1) of Section 51,
refusing to grant a certificate of registration or revoking a certificate of
registration may, within three months from the date of the order, prefer an
appeal against that order to the appellate authority referred to in sub-section
(1) of Section 53 and the appellate authority may, after such enquiry into the
matter as it considers necessary and after giving the appellant an opportunity
of being heard, make such order as it thinks fit. CHAPTER-VI APPEAL REGARDING CERTIFICATE OF
DISABILITY (1)
Any person aggrieved with the decision of the
authority issuing the certificate of disability may within ninety days from the
date of the decision, prefer an appeal to the appellate authority designated by
the State Government for the purpose under sub-section (1) of Section 59 of the
Act in the following manner- (a)
The appeal shall contain brief background and
the grounds for making the appeal. (b)
The appeal shall be accompanied by a copy of
the certificate of disability or letter of rejection issued by the certifying
authority: Provided that where a person
with disability is a minor or suffering from any disability which renders him
unfit to make such an appeal himself, the appeal on his behalf may be made by
his legal or limited guardian as the case may be. (2)
On receipt of such appeal, the appellate
authority shall provide the appellant an opportunity to present his case and
thereafter pass such reasoned and detailed order as it may deem appropriate. (3)
Every appeal preferred under sub-rule (1)
shall be decided as expeditiously as possible and not later than a period of
sixty days from the date of receipt of the appeal. CHAPTER-VII STATE ADVISORY BOARD (1)
The non-official members of the State
Advisory Board on disability not residing in the State capital region, shall be
paid an allowance of Rupees Two thousand for each day of the actual meeting of
the said Board. (2)
The non-official members of the State
Advisory Board on disability residing outside the State capital region shall be
paid daily and traveling allowances for each day of the actual meeting of the
said Board at the rates admissible to a Group A Officer of the State
Government. (1)
The meetings of the State Advisory Board on
disability constituted under sub-section (1) of Section 66 of the Act
(hereinafter in this Chapter referred to as 'the Board') shall ordinarily be
held in the Capital of the State on such dates as may be fixed by its
Chairperson: Provided that it shall meet
at least once in every six months. (2)
The Chairperson of the Board shall, upon the
written request of not less than ten members of the Board, call a special
meeting of the Board. (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 of the Board to the
members of the Board. (4)
Notice of a meeting may be given to the
members of the Board by delivering the same to them by messenger or sending it
by registered post to their respective last known places of residence or
business or by e-mail 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 had
not given ten clear days' notice to the Member Secretary of the Board, unless
the Chairperson of the Board, in his discretion, permit him to do so. (6)
The Board may adjourn its meeting from day to
day or to any particular day as under-- (a)
Where a meeting of the Board is adjourned
from day to day, notice of such adjourned meeting shall be given, to the
members of the Board available at the place where the meeting which was
adjourned was to be held and it shall not be necessary to give notice of the
adjourned meeting to the rest of the members; (b)
Where a meeting of the Board is adjourned not
from day to day but from the day on which the meeting is to be held to another
date, notice of such meeting shall be given to all the members of the Board in
the manner as specified in sub-rule (4). The Chairperson of the Board
shall preside at every meeting of the Board and in his absence, the
Vice-Chairperson thereof shall preside, but when both the Chairperson and the
Vice-Chairperson of the Board are absent from any meeting, the members of the
Board present shall elect one of the members to preside at the meeting. (1)
One third of the total members of the Board
shall from the quorum for any meeting. (2)
If at any time fixed for any meeting or
during the course of any meeting less than one-third of the total members of
the Board are present, the Chairperson thereof may adjourn the meeting to such
hours on the following or on some other future date as he may fix. (3)
No quorum shall be necessary for the
adjourned meeting of the Board. (4)
No matter which had not been on the agenda of
the ordinary or the special meeting of the Board, as the case may be, shall be
discussed at its adjourned meeting. (5)
(a) Where a meeting of the Board is adjourned
under sub-rule (2) for want of quorum to the following day, notice of such
adjourned meeting shall be given to the members of the Board available at the
place where the meeting which was adjourned was to be held and it shall not be
necessary to give notice of the adjourned meeting to other members; and (b) Where a meeting of the
Board is adjourned under sub-rule (2) for want of quorum not to the following,
but on a date with sufficient gap, notice of such adjourned meeting shall be
given to all the members of the Board in the manner as specified in sub-rule
(4) of Rule 11. (1)
Record shall be kept of the names of all the
members of the Board who attended the meeting of the Board and of the
proceedings at the meetings in a book to be maintained for that purpose by the
Member-Secretary of the Board. (2)
The minutes of the previous meeting of the
Board shall be read at the beginning of every succeeding meeting, and shall be
confirmed and signed by the presiding officer at such meeting. (3)
The proceedings shall be open to inspection by
any member of the Board at the office of the Member-Secretary of the Board
during office hours. Except with the permission
of the presiding officer, no business which is not entered in the agenda or of
which notice has not been given by a member under sub-rule (5) of Rule 11 shall
be transacted at any meeting of the Board. (1)
At any meeting of the Board business shall be
transacted in the order in which it is entered in the agenda, unless otherwise
resolved in the meeting with the permission of the presiding officer: Provided that either at the
beginning of the meeting of the Board or after the conclusion of the debate on
a motion during the meeting, the presiding officer or a member of the Board may
suggest a change in the order of business as entered in the agenda and if the
Chairperson of the Board agrees, such a change shall take place. All questions considered at
a meeting of the Board shall be decided by a majority of votes of the members
of the Board present and voting and in the event of equality of votes, the
Chairperson of the Board, or in the absence of the Chairperson, the
Vice-Chairperson of the Board or in the absence of both the Member presiding at
the meeting, as the case may be, shall have a second or casting vote. 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. The District Level Committee
on disability referred to in Section 72 of the Act shall consist of-- (i)
District Magistrate...........................................ex-officio
Chairperson; (ii)
C.D.O...............................................................member; (iii)
S.P./S.S.P..........................................................member; (iv)
District Divyangjan Empowerment
Officer....................member-secretary; (v)
Chief Medical
Officer.......................................member; (vi)
B.S.A.................................................................member; (vii)
D.I.O.S...............................................................member; (viii)
District Probation
Officer..................................member; (ix)
a Representative of a Registered Organisation
nominated by the Chairperson
............................................member; (x)
a Person each from the types of identified
disabilities by the State as defined in clause (s) of Section 2 of the Act as
nominated by the Chairperson.....................member; and (xi)
Any other member as invited by the
Chairperson.........................member. 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 person with disabilities. (b)
monitor the implementation of the provisions
of the Act and the rules made thereunder 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)
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. (e)
look into the appeal made by the employees of
Government establishment aggrieved with the action taken by the District Level
establishment under subsection (4) of Section 23 of the Act and recommend
appropriate measures. (f)
any other functions as may be assigned by the
State Government. CHAPTER-VIII STATE COMMISSIONER FOR PERSONS
WITH DISABILITIES (1)
A person shall not be qualified to be
appointed as a State Commissioner for Persons with Disability under subsection
(I) of Section 79 of the Act (hereinafter in this Chapter referred to as the
State Commissioner) unless,-- (a)
he has special knowledge or practical
experience in respect of the matters relating to rehabilitation of persons with
disabilities; (b)
he has not attained the age of fifty six
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; (c)
he possesses the following educational
qualifications and experience, namely-- (A)
Educational qualification: (i)
essential: Graduate from a recognised
university; (ii)
desirable: Recognised degree or diploma
in Social Work or Law or Management or Human Rights or Rehabilitation or
Education of disabled persons. (B)
Experience: At least fifteen years
experience in a Group 'A' Level Post-- (i)
in Central or State Government, or (ii)
Public Sector Undertakings or Semi Government
or Autonomous Bodies dealing with disabilities related matters or social
sector, or (iii)
works in the capacity of a senior level
functionary in a registered state or national or international level voluntary
organisation working in the field of disability or social development: Provided that out of the
total fifteen years’ experience mentioned in this sub-clause, at least three
years of experience in the recent past had been in the field of empowerment of
persons with disabilities. (2)
If a person has been selected for appointment
to the post of the State Commissioner, and he is in service under the Central
Government or a State Government, he shall seek retirement from such service
before he is appointed as State Commissioner. (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 appointment to the
post of State Commissioner from eligible candidates fulfilling the criteria
mentioned in Rule 21. (2)
A Search-cum-Selection Committee shall be
constituted by the State Government to recommend to it a panel of three
suitable candidates for the post of the State Commissioner. (3)
Composition of the Search-cum-Selection
Committee referred to in sub-rule (2) shall be governed by relevant
instructions issued by the concerned administrative department of the State
Government. (4)
The panel recommended by the
Search-cum-Selection Committee referred to in sub-rule (2) may consist of
persons from amongst those who have applied in response to the advertisement
made under sub-rule (1) as well as from other willing eligible persons in the
employment of Central or State Government whom the Committee may consider
suitable. (5)
The State Government shall appoint one of the
candidates out of the panel recommended by the Search-cum-Selection Committee
under sub-rule (2) as the State Commissioner. (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 a
Principal-Secretary of the State Government (viz.; Level-15 of the 7th CPC
pay-matrix). (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 as follows-- (a)
Leave: The State Commissioner shall be
entitled to such leave as is admissible to Group 'A' officer under the relevant
provisions of the State Civil Service Rules applicable to them. (b)
Leave Travel Concession: The State
Commissioner shall be entitled to such Leave Travel Concession as is admissible
to Group 'A' officers under relevant provisions of the State Civil Service
Rules applicable to them. (c)
Medical Benefits: The State Commissioner
shall be entitled to such medical benefits as is admissible to Group 'A'
officers under the relevant provisions of the State Civil Service Rules
applicable to them. (1)
The State Commissioner may, by notice in
writing, under his hand, addressed to the State Government, resign from his
post. (2)
The State Government shall remove the State
Commissioner from his office, if he-- (a)
becomes an undischarged 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 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 fifteen
days or more; or (f)
has, in the opinion of the State Government,
so abused the position of the State Government as to render his continuance in
the office detrimental to the interest of person with disability: Provided that no State
Commissioner shall be removed from office under this rule except after
following the due principles of Natural Justice. (3)
The State Government may suspend a State
Commissioner, in respect of whom proceedings for removal have been commenced 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)
The State Government shall appoint an
Advisory Committee comprising the following members, namely-- (a)
three experts to represent each of the five
groups of specified disabilities mentioned in the Schedule to the Act by
rotation of whom one shall be woman; (b)
Two experts or senior officers of the
Government to be nominated by the State Government. (2)
The tenure of the members of the Advisory
Committee shall be for a period of three years. (3)
The State Commissioner may invite subject or
domain expert as per the need who shall assist him in meeting or hearing and in
preparation of the report. (1)
A complaint 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 e-mail 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 send a copy of the complaint to the opposite party or parties
mentioned in the complaint directing him to give his version of the case within
a period of thirty days or such extended period not exceeding fifteen days as
may be granted by the State Commissioner. (3)
On the date of hearing or any other date to
which hearing could be adjourned, the parties or their agents shall appear
before the State Commissioner. (4)
Where the complainant or his agent fails to
appear before the State Commissioner on such days, the State Commissioner may
either dismiss the complaint on default or decide on merits. (5)
Where the opposite party or his agent fails
to appear on the date of hearing, the State Commissioner may take such
necessary action under Section 82 of the Act as he deems fit for summoning and
enforcing the attendance of the opposite party. (6)
The State Commissioner may dispose of the
complaint ex-parte, if necessary. (7)
The State Commissioner may on such terms as
he deems fit and at any stage of the proceedings, adjourn the hearing of the
complaint. (8)
The State Commissioner shall decide the
complaint as far as possible within a period of 90 days from the date of
receipt of notice by the opposite party. (1)
The State Government shall appoint an
Advisory Committee comprising 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. (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 and the members shall not be
eligible for re-nomination. (4)
The non-official members of the Advisory
Committee, residing in the State capital, shall be paid an allowance of Rupees
Two 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 traveling
allowances for each day of the actual meetings at the rate admissible to a
Group 'A' 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 ensuring, 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 organisational set up; (b)
the functions which the State Commissioner
has been empowered under the Act and the highlights of the performance in this
regard; (c)
the main recommendations 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-IX PUBLIC PROSECUTOR (1)
The Public Prosecutor to be appointed by the
State Government in every Special Court shall have— (a)
practical experience of handling cases of
persons with disabilities; (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 (1) of
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 (Act 1 of
1974) for conducting the cases before a court of session. CHAPTER-X STATE FUND FOR PERSONS WITH
DISABILITIES (1)
There shall be credited to the State Fund for
persons with disabilities hereinafter referred to as 'the State Fund'-- (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. (2)
There shall be a Governing Body consisting of
following members to manage the State Fund, namely-- (a)
Principal Secretary or Secretary, Department
of 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 Finance, Department of 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--Member; (d)
Director in the Directorate dealing with
Empowerment of Persons with Disabilities in the State Government--Convener and
Chief Executive Officer. (3)
The Governing Body shall meet as often as
necessary, but at least once in every financial year. (4)
The nominated members shall hold office for
not more than three years. (5)
No member of the Governing Body shall be a
beneficiary of the Fund during the period such Member holds office. (6)
The nominated non-official members shall be
eligible for payment of traveling allowance and dearness allowance as
admissible to a Group 'A' officer of the State Government for attending the
meetings of the Governing Body. (7)
No person shall be nominated under clauses
(b) and (c) of sub-rule (2) 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 utilised 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. (b)
administrative and other expenses of the
Fund, as may be required to be incurred by or under the Act; and (c)
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 Governing Body may appoint secretarial
staff including accountants with such terms and conditions as it may think
appropriate to look after the management and utilisation of the State Fund
based on need based requirement. (4)
The State Fund shall be invested in such
manner as may be decided by the governing body. 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 every year and shall place the same for consideration
of the governing body. The annual report of the
Department dealing with Empowerment of Persons with Disabilities in the State
Government shall include a chapter on the State Fund.UTTAR
PRADESH RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017
PREAMBLE