48. Research. The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas:- (a) prevention of disability; (b) rehabilitation including community based rehabilitation; (c) development of assistive devices including their psycho- social aspects; (d) job identification; (e) on site modifications in offices and factories.

49. Financial incentives to Universities to enable them to undertake research.

49. Financial incentives to Universities to enable them to undertake research. The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and nongovernmental research-. units or institutions, for undertaking research for special education, rehabilitation and manpower development.

CHAP RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES

CHAPTER X RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES

50. Competent authority. The State Government shall appoint any authority as it deems fit to be a competent authority for the purposes of this Act.

51. No person to establish or maintain an institution for persons with disabilities except in accordance with a certificate of registration.

51. No person to establish or maintain an institution for persons with disabilities except in accordance with a certificate of registration. Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority: Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for 17 such certificate under this section within the said period of six months, till the disposal of such application.

52. Certificate of registration. (1) Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government. (2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in such manner as may be prescribed by the State Government. (3) No certificate of registration shall be granted under sub- section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and maintain such standards as may be prescribed by the State Government. (4) A certificate of registration granted under this section,- (a) shall, unless revoked under section 53, remain in force for such period as may be prescribed by the State Government. (b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government. (5) An application for renewal of a certificate of registration shall be made not less than sixty days before the period of validity. (6) The certificate of registration shall he displayed by the institution in a conspicuous place.

53. Revocation of certificate. (1) the competent authority may, if it has reasonable cause to believe that the holder of the certi- ficate of registration granted under sub-section (2) of section 52 has- (a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or (b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may after making such inquiry, as it deems fit, by order, revoke the certificate: Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not be revoked. (2) Where a certificate in respect of an institution has been revoked under sub-section Such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 54 against the order of revocation, such institution shall cease to function- (a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal, or (b) where such appeal has been preferred, but the order of revocation has been upheld, front the date of the order of appeal. 18 (3) On the revocation of a certificate in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be- (a) restored to the custody of her or his parent, spouse or lawful guardian, as the case may be, or (b) transferred to any other institution specified by the competent authority. (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.

54. Appeal. (1) Any person aggrieved by the order of the competent authority refusing to grant a certificate or revoking a certificate may, within such period as may be prescribed by the State Government, prefer an appeal to that Government against such refusal or revocation. (2) The order of the State Government on such appeal shall be final.

55. Act not to apply to institutions established or maintained by the Central or State Government.

55. Act not to apply to institutions established or maintained by the Central or State Government. Nothing contained in this Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.

56. Institutions for persons with severe disabilities. The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit. (2) Where, the appropriate Government is of opinion that any institution other than an institution, established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognise such institution as an institution for persons with severe disabilities for the purposes of this Act; Provided that no institution shall be recognised under this section unless such institution has complied with the requirements of this Act and the rules made thereunder. (3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriate Government. (4) For the purposes of this section "person with severe disability" means a person with eighty per cent. or more of one or more disabilities.

CHAP THE CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES

CHAPTER XII THE CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES

57. Appointment of Chief Commissioner for persons with disabilities.

57. Appointment of Chief Commissioner for persons with disabilities. (1) The Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act. (2) A person shall not be qualified for appointment as the Chief Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The salary and allowances payable, to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner shall be such as may be prescribed by the Central Government. (4) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence of the Chief Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees provided to the Chief Commissioner shall be such as may be prescribed by the Central Government.

58. Functions of the Chief Commissioner. The Chief Commissioner shall- (a) coordinate the work of the Commissioners; (b) monitor the utilisation of funds disbursed by the Central Government; (c) take steps to safeguard the rights and facilities made available to persons with disabilities; (d) submit reports to the Central Government on the implementation of the Act at such intervals as that Government may prescribe.

59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities.

59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities. Without prejudice to the provisions of section 58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaint with respect to matters relating relating to- (a) deprivation of rights of persons with disabilities, (b) non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights or persons with disabilities. and take up the matter with the appropriate authorities.

60. Appointment of Commissioners for persons with disabilities.

60. Appointment of Commissioners for persons with disabilities. (1) Every State Government may, by notification appoint a Commissioner for persons with disabilities for the purposes of this Act. (2) A person shall not be qualified for appointment as a Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The Wary and allowances payable to and other terms and conditions of service (including pension gratuity and other retirement benefits) of the Commissioner shall be such as may he prescribed by the State Government. (4) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may be prescribed by the State Government.

61. Powers of the Commissioner. The Commissioner within the State shall- (a) coordinate with the departments of the State Government for the programmes and schemes for the benefit of persons with disabilities; (b) monitor the utilisation of funds disbursed by the State Government; (c) take step to safeguard the rights and facilities made available to persons with disabilities; (d) submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.

62. Commissioner to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities.

62. Commissioner to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities. Without prejudice to the provisions of section 61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to- (a) deprivation of rights of persons with disabilities; (b) non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities, and take up the matter with the appropriate authorities.

63. Authorities and officers to have certain powers of civil court.

63. Authorities and officers to have certain powers of civil court. The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the Chief Commissioner and Commissioners shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Chief Commissioner, the Commissioner, the competent authority, shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code (2 of 1974) of Criminal Procedure, 1973.

64. Annuual report to be prepared by the Chief commissioner.

64. Annuual report to be prepared by the Chief commissioner. (1) The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.

65. Annual reports to be prepared by the Commissioners. (1) The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government. (2) The State Government shall cause the annual report to be laid before each State Legislature along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.

66. Appopriate governments and local authorities to undertake rehabilitation.

66. Appopriate governments and local authorities to undertake rehabilitation. (1) The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities. (2) For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non- governmental organisations. (3) The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-governmental organisations working for the cause of persons with disabilities.

67. Insurance scheme for employees with disabilities. (1) The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities. (2) Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.

68. Unemployment allowance. The appropriate Governments shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not be placed in any gainful occupation.

69. Punishment for fraudulently availing any benefit meant for persons with disabilities.

69. Punishment for fraudulently availing any benefit meant for persons with disabilities. 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.

70. Chief Commissioners, Commissioners, officers and other staff to be public servants.

70.Chief Commissioners, Commissioners, officers and other staff to be public servants. 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).

71. Protection of action taken in good faith. No suit, prosecution or other legal proceeding 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 thereunder.

72. Act to be in addition to and not in derogation of any other law.

72. Act to be in addition to and not in derogation of any other law. The provisions of this Act, or the rules made thereunder 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 thereunder, enacted or issued for the benfit of persons with disabilities.

73. Power of appropriate Government to make rules. (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 Coordination Committee shall observe in regard to the transaction of business in its meetings under section 7; (d) such other functions which the Central Coordination 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 of section 9; (f) the allowances which the Member 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 subsection (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 member shall receive under sub- section (7) to section 14; (k) rules of procedure which a State Coordination Committee may perform regard to transaction of business in its meetings under section 17; (l) such other functions which a State Coordination 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 subsection (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 subsection (1) of section 52; (t) the manner in which an order of refusal shall be communicated under subsection (2) of section 52; (u) facilities or standuds required to be provided or maintained under subsection (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; 23 (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 56: (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 sub-section (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 nay be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House before that House.

74. Amendment of Act 39 of 1987. 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.". K. L. MOHANPURIA, Secy. to the Govt. of India.