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THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995

Title : THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995

Year : 1995



Whoever, fraudulently avails or attempts to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both.



The Chief Commissioner, the Commissioners and other officers and staff provided to them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).



No suit, prosecution or other legal proceedings shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made there under.



The provisions of this Act, or the rules made there under shall be in addition to, and not in derogation of any other law for the time being in force or any rules, order or any instructions issued there under, enacted or issued for the benefits of persons with disabilities.



(1) The appropriate Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) The manner in which a State Government or a Union territory shall be chosen under clause (k) of sub-section (2) of section 3;

(b) Allowances which members shall receive under sub-section (7) of section 4;

(c) Rules of procedure which the Central Co-ordination Committee shall observe in regard to the transaction of business in its meeting under section 7;

(d) Such other functions which the Central Co-ordination Committee may perform under clause (h) of sub-section (2) of section 8;

(e) The manner in which a State Government or a Union territory shall be chosen under clause (h) of sub-section (2) of section 9;

(f) The allowances which the Members shall receive under sub-section (3) of section 9;

(g) Rules of procedure which the Central Executive Committee shall observe in regard to transaction of business at its meetings under section 11;

(h) The manner and purposes for which a person may be associated under sub-section (1) of section 12;

(i) Fees and allowances which a person associated with the Central Executive Committee shall receive under sub-section (3) of section 12;

(j) Allowances which members shall receive under sub-section (7) of section 14;

(k) Rules of procedure which a State Co-ordination Committee shall observe in regard to transaction of business in its meetings under section 17;

(l) Such other functions which a State Co-ordination Committee may perform under clause (g) of sub-section (2) of section 18;

(m) The allowances which Members shall receive under sub-section (3) of section 19;

(n) Rules of procedure which a State Executive Committee shall observe in regard to transaction of business at its meetings under section 21;

(o) The manner and purposes for which a person may be associated under sub-section (1) of section 22;

(p) Fees and allowances which a person associated with the State Executive Committee may receive under sub-section (3) of section 22;

(q) Information or return which the employer in every establishment should furnish and the Special Employment Exchange to which such information or return shall be furnished under sub-section (1) of section 34;

(r) The form and the manner in which record shall be maintained by an employer under sub-section (1) of section 37;

(s) The form and manner in which an application shall be made under sub-section (1) of section 52;

(t) The manner in which an order of refusal shall be communicated under sub-section (2) of section 52;

(u) Facilities or standards required to be provided or maintained under sub-section (3) of section 52;

(v) The period for which a certificate of registration shall be valid under clause (a) of sub-section (4) of section 52;

(w) The form in which and conditions subject to which a certificate of registration shall be granted under clause (c) of sub-section (4) of section 52;

(x) Period within which an appeal shall lie under sub-section (1) of section 54;

(y) The manner in which an institution for persons with severe disabilities shall be maintained and conditions which have to be satisfied under sub-section (3) of section 60;

(z) The salary, allowances and other terms and conditions of service of the Chief Commissioner under sub-section (3) of section 57;

(za) The salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 57;

(zb) Intervals at which the Chief Commissioner shall report to the Central Government under clause (d) of section 58;

(zc) The salary, allowances, and other terms and conditions of service of the Commissioner under sub-section (3) of section 60;

(zd) The salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 60;

(ze) Intervals within which the Commissioner shall report to the State Government under clause (d) of section 61;

(zf) The form and time in which annual report shall be prepared under subsection (1) of section 64;

(zg) The form and time in which annual report shall be prepared under subsection (1) of section 65;

(zh) Any other matter which is required to be or may be prescribed.

(3) Every notification made by the Central Government under the proviso to section 33, proviso to sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1) of section 38, section 42, section 43, section 67, section 68 and every rule made by it under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, notification or scheme, both Houses agree that the rule, notification or scheme should not be made, the rule, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, notification or scheme, as the case may be.

(4) Every notification made by the State Government under the proviso to section 33, proviso to sub-section (2) of section 47, every scheme made by it under section 27, section 30, sub-section (1) of section 38, section 42, section 43, section 67, section 68, and every rule made by it under sub-section (1), shall be laid, as soon as may be after it is made, before each House of State Legislature, where it consist of two Houses or where such legislature consists of one House before that House.



In section 12 of the Legal Services Authorities Act, 1987, for clause (d), the following clause shall be substituted, namely:-

"(d) A person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995."
Last updated on August, 2016

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