THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 
____________ 

ARRANGEMENT OF SECTIONS 
____________ 

CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 

CHAPTER II 
RIGHTS AND ENTITLEMENTS 

3.  Equality and non-discrimination. 
4.  Women and children with disabilities. 
5.  Community life. 
6.  Protection from cruelty and inhuman treatment. 
7.  Protection from abuse, violence and exploitation. 
8.  Protection and safety. 
9.  Home and family. 
10.  Reproductive rights. 
11.  Accessibility in voting. 
12.  Access to justice. 
13.  Legal capacity. 
14.  Provision for guardianship. 
15.  Designation of authorities to support. 

CHAPTER III 
EDUCATION 

16.  Duty of educational institutions. 
17.  Specific measures to promote and facilitate inclusive education. 
18.  Adult education. 

CHAPTER IV 
SKILL DEVELOPMENT AND EMPLOYMENT 

19.  Vocational training and self-employment. 
20.  Non-discrimination in employment. 
21.  Equal opportunity policy. 
22.  Maintenance of records. 
23.  Appointment of Grievance Redressal Officer. 

CHAPTER V 
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION 

24.  Social security. 
25.  Healthcare. 
26.  Insurance schemes. 

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SECTIONS 

27.  Rehabilitation. 
28.  Research and development. 
29.  Culture and recreation. 
30.  Sporting activities. 

CHAPTER VI 
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES 

31.  Free education for children with benchmark disabilities. 
32.  Reservation in higher educational institutions. 
33.  Identification of posts for reservation. 
34.  Reservation. 
35.  Incentives to employers in private sector. 
36.  Special employment exchange. 
37.  Special schemes and development programmes. 

CHAPTER VII 
SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS 

38.  Special provisions for persons with disabilities with high support. 

CHAPTER VIII 
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS 

39.  Awareness campaigns. 
40.  Accessibility. 
41.  Access to transport. 
42.  Access to information and communication technology. 
43.  Consumer goods. 
44.  Mandatory observance of accessibility norms. 
45.  Time limit for making existing infrastructure and premises accessible and action for that purpose. 
46.  Time limit for accessibility by service providers. 
47.  Human resource development. 
48.  Social audit. 

CHAPTER IX 
REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH  
INSTITUTIONS 

49.  Competent authority. 
50.  Registration. 
51.  Application and grant of certificate of registration. 
52.  Revocation of registration. 
53.  Appeal. 
54.  Act not to apply to institutions established or maintained by Central or State Government. 
55.  Assistance to registered institutions. 

CHAPTER X 
CERTIFICATION OF SPECIFIED DISABILITIES 

56.  Guidelines for assessment of specified disabilities. 

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SECTIONS 

57.  Designation of certifying authorities. 
58.  Procedure for certification. 
59.  Appeal against a decision of certifying authority. 

CHAPTER XI 
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE 

60.  Constitution of Central Advisory Board on Disability. 
61.  Terms and conditions of service of members. 
62.  Disqualifications. 
63.  Vacation of seats by Members. 
64.  Meetings of the Central Advisory Board on disability. 
65.  Functions of Central Advisory Board on disability. 
66.  State Advisory Board on disability. 
67.  Terms and conditions of service of Members. 
68.  Disqualification. 
69.   Vacation of seats. 
70.  Meetings of State Advisory Board on disability. 
71.  Functions of State Advisory Board on disability. 
72.  District-level Committee on disability. 
73.  Vacancies not to invalidate proceedings. 

CHAPTER XII 
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES 

74.  Appointment of Chief Commissioner and Commissioners. 
75.  Functions of Chief Commissioner. 
76.  Action of appropriate authorities on recommendation of Chief Commissioner. 
77.  Powers of Chief Commissioner. 
78.  Annual and special reports by Chief Commissioner. 
79.  Appointment of State Commissioner in States. 
80.  Functions of State Commissioner. 
81.  Action by appropriate authorities on recommendation of State Commissioner. 
82.  Powers of State Commissioner. 
83.  Annual and special reports by State Commissioner. 

84.  Special Court. 
85.  Special Public Prosecutor. 

CHAPTER XIII 
SPECIAL COURT 

CHAPTER XIV 
NATIONAL FUND FOR PERSONS WITH DISABILITIES 

86.  National Fund for persons with disabilities. 
87.  Accounts and audit. 

CHAPTER XV 
STATE FUND FOR PERSONS WITH DISABILITIES 

88.  State Fund for persons with disabilities. 

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CHAPTER XVI 
OFFENCES AND PENALTIES 

SECTIONS 

89.  Punishment for contravention of provisions of Act or rules or regulations made thereunder. 
90.  Offences by companies. 
91.  Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities. 
92.  Punishment for offences of atrocities. 
93.  Punishment for failure to furnish information. 
94.  Previous sanction of appropriate Government. 
95.  Alternative punishments. 

CHAPTER XVII 
MISCELLANEOUS 

96.  Application of other laws not barred. 
97.  Protection of action taken in good faith. 
98.  Power to remove difficulties. 
99.  Power to amend Schedule. 
100. Power of Central Government to make rules. 
101. Power of State Government to make rules. 
102. Repeal and savings. 
THE SCHEDULE. 

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THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 
ACT NO. 49 OF 2016 

[27th December, 2016] 
An  Act  to  give  effect  to  the  United  Nations  Convention  on  the  Rights  of  Persons  with 

Disabilities and for matters connected therewith or incidental thereto. 
WHEREAS  the  United  Nations  General  Assembly  adopted  its  Convention  on  the  Rights  of  Persons 

with Disabilities on the 13th day of December, 2006. 

AND  WHEREAS  the  aforesaid  Convention  lays  down  the  following  principles  for  empowerment  of 

persons with disabilities,— 

(a) respect for  inherent  dignity,  individual  autonomy  including  the  freedom  to  make  one's  own 

choices, and independence of persons; 

(b) non-discrimination; 

(c) full and effective participation and inclusion in society; 

(d) respect for difference and acceptance of persons with disabilities as part of human diversity 

and humanity; 

(e) equality of opportunity; 

(f) accessibility; 

(g) equality between men and women; 

(h)  respect  for  the  evolving  capacities  of  children  with  disabilities  and  respect  for  the  right  of 

children with disabilities to preserve their identities; 

AND WHEREAS India is a signatory to the said Convention; 

AND WHEREAS India ratified the said Convention on the 1st day of October, 2007; 

AND WHEREAS it is considered necessary to implement the Convention aforesaid. 

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Rights  of  Persons  with 

Disabilities Act, 2016. 

(2)  It  shall  come  into  force  on  such  1date  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “appellate  authority”  means  an  authority  notified  under  sub-section  (3)  of  section  14  or  

sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be; 

(b) “appropriate Government” means,— 

(i)  in  relation  to  the  Central  Government  or  any  establishment  wholly  or  substantially 
financed  by  that  Government,  or  a  Cantonment  Board  constituted  under  the  Cantonments  Act, 
2006 (41 of 2006), the Central Government; 

(ii) in relation to a State Government or any establishment, wholly or substantially  financed 
by  that  Government,  or  any  local  authority,  other  than  a  Cantonment  Board,  the  State 
Government. 

(c)  “barrier”  means  any  factor  including  communicational,  cultural,  economic,  environmental, 
institutional,  political,  social,  attitudinal  or  structural  factors  which  hampers  the  full  and  effective 
participation of persons with disabilities in society; 

1.  19th  April,  2017,  vide  notification  no.  S.O.  1215  (E)  dated  19th  April,  2017,  see  Gazette  of  India,  Extraordinary,  Part  II,      

Section 3 (ii). 

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(d)  “care-giver”  means  any  person  including  parents  and  other  family  Members  who  with  or 

without payment provides care, support or assistance to a person with disability; 

(e) “certifying authority” means an authority designated under sub-section (1) of section 57; 

(f) “communication” includes means and formats of communication, languages, display of text, 
Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual 
displays,  sign  language,  plain-language,  human-reader,  augmentative  and  alternative  modes  and 
accessible information and communication technology; 

(g) “competent authority” means an authority appointed under section 49; 

(h) “discrimination” in relation to disability, means any distinction, exclusion, restriction on the 
basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment 
or  exercise  on  an  equal  basis  with  others  of  all  human  rights  and  fundamental  freedoms  in  the 
political, economic, social, cultural, civil or any other field and includes all forms of discrimination 
and denial of reasonable accommodation; 

(i) “establishment” includes a Government establishment and private establishment; 

(j) “Fund” means the National Fund constituted under section 86; 

(k)  “Government  establishment”  means  a  corporation  established  by  or  under  a  Central  Act  or 
State  Act  or  an  authority  or  a  body  owned  or  controlled  or  aided  by  the  Government  or  a  local 
authority or a Government company as defined in section 2 of the Companies Act, 2013 (18 of 2013) 
and includes a Department of the Government; 

(l) “high support” means an intensive support, physical, psychological and otherwise, which may 
be  required  by  a  person  with  benchmark  disability  for  daily  activities,  to  take  independent  and 
informed  decision  to  access  facilities  and  participating  in  all  areas  of  life  including  education, 
employment, family and community life and treatment and therapy; 

(m)  “inclusive  education”  means  a  system  of  education  wherein  students  with  and  without 
disability  learn  together  and  the  system  of  teaching  and  learning  is  suitably  adapted  to  meet  the 
learning needs of different types of students with disabilities; 

(n) “information and communication technology” includes all services and innovations relating to 
information and communication, including telecom services, web based services, electronic and print 
services, digital and virtual services; 

(o)  “institution”  means  an  institution  for  the  reception,  care,  protection,  education,  training, 

rehabilitation and any other activities for persons with disabilities; 

(p) “local authority” means a Municipality or a Panchayat, as defined in clause (e) and clause (f) 
of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006 
(41 of 2006); and any other authority established under an Act of Parliament or a State Legislature to 
administer the civic affairs; 

(q)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression 

“notify” or “notified” shall be construed accordingly; 

(r)  “person  with  benchmark  disability”  means  a  person  with  not  less  than  forty  per  cent.  of  a 
specified disability where specified disability has not been defined in measurable terms and includes a 
person with disability where specified disability has been defined in measurable terms, as certified by 
the certifying authority; 

(s)  “person  with  disability”  means  a  person  with  long  term  physical,  mental,  intellectual  or 
sensory impairment which, in interaction with barriers, hinders his full and effective participation in 
society equally with others; 

(t) “person with disability having high support needs” means a person with benchmark disability 

certified under clause (a) of sub-section (2) of section 58 who needs high support; 

(u) “prescribed” means prescribed by rules made under this Act; 

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(v)  “private  establishment”  means  a  company,  firm,  cooperative  or  other  society,  associations, 
trust, agency, institution, organisation, union, factory or such other establishment as the appropriate 
Government may, by notification, specify; 

(w) “public building” means a Government or private building, used or accessed by the public at 
large,  including  a  building  used  for  educational  or  vocational  purposes,  workplace,  commercial 
activities,  public  utilities,  religious,  cultural,  leisure  or  recreational  activities,  medical  or  health 
services,  law  enforcement  agencies,  reformatories  or  judicial  foras,  railway  stations  or  platforms, 
roadways bus stands or terminus, airports or waterways; 

(x) “public facilities and services” includes all forms of delivery of services to the public at large, 
including  housing,  educational  and  vocational  trainings,  employment  and  career  advancement, 
shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation, 
banking,  finance  and  insurance,  communication,  postal  and  information,  access  to  justice,  public 
utilities, transportation; 

(y) “reasonable accommodation” means necessary and appropriate modification and adjustments, 
without imposing a disproportionate or undue burden in a particular case, to ensure to persons with 
disabilities the enjoyment or exercise of rights equally with others; 

(z)  “registered  organisation”  means  an  association  of  persons  with  disabilities  or  a  disabled 
person  organisation,  association  of  parents  of  persons  with  disabilities,  association  of  persons  with 
disabilities  and  family  members,  or  a  voluntary  or  non-governmental  or  charitable  organisation  or 
trust,  society,  or  non-profit  company  working  for  the  welfare  of  the  persons  with  disabilities,  duly 
registered under an Act of Parliament or a State Legislature; 

(za) “rehabilitation” refers to a process aimed at enabling persons with disabilities to attain and 
maintain  optimal,  physical,  sensory,  intellectual,  psychological  environmental  or  social  function 
levels; 

(zb) “Special Employment Exchange” means any office or place established and maintained by 
the  Government  for  the  collection  and  furnishing  of  information,  either  by  keeping  of  registers  or 
otherwise, regarding— 

(i) persons who seek to engage employees from amongst the persons with disabilities; 

(ii) persons with benchmark disability who seek employment; 

(iii)  vacancies  to  which  persons  with  benchmark  disabilities  seeking  employment  may  be 

appointed; 

(zc) “specified disability” means the disabilities as specified in the Schedule; 

(zd) “transportation systems” includes road transport, rail transport, air transport, water transport, 

para transit systems for the last mile connectivity, road and street infrastructure, etc; 

(ze) “universal design” means the design of products, environments, programmes and services to 
be usable by all people to the greatest extent possible, without the need for adaptation or specialised 
design  and  shall  apply  to  assistive  devices  including  advanced  technologies  for  particular  group  of 
persons with disabilities. 

CHAPTER II 
RIGHTS AND ENTITLEMENTS 

3. Equality and non-discrimination.—(1) The appropriate Government shall ensure that the persons 
with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally 
with others. 

(2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by 

providing appropriate environment. 

(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that 

the impugned act or omission is a proportionate means of achieving a legitimate aim. 

(4) No person shall be deprived of his or her personal liberty only on the ground of disability. 

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(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for 

persons with disabilities. 

4.  Women  and  children  with  disabilities.—(1)  The  appropriate  Government  and  the  local 
authorities shall take measures to ensure that the women and children with disabilities enjoy their rights 
equally with others. 

(2) The  appropriate  Government  and local  authorities  shall  ensure  that all  children  with  disabilities 
shall have right on an equal basis to freely express their views on all matters affecting them and provide 
them appropriate support keeping in view their age and disability.”. 

5. Community life.—(1) The persons with disabilities shall have the right to live in the community. 

(2) The appropriate Government shall endeavour that the persons with disabilities are,— 

(a) not obliged to live in any particular living arrangement; and 

(b)  given  access  to  a  range  of  in-house,  residential  and  other  community  support  services, 

including personal assistance necessary to support living with due regard to age and gender. 

6. Protection from cruelty and inhuman treatment.—(1) The appropriate Government shall take 
measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading 
treatment. 

(2) No person with disability shall be a subject of any research without,— 

(i) his or her free and informed consent obtained through accessible modes, means and formats of 

communication; and 

(ii)  prior  permission  of  a  Committee  for  Research  on  Disability  constituted  in  the  prescribed 
manner for the purpose by the appropriate Government in which not less than half of the Members 
shall  themselves  be  either  persons  with  disabilities  or  Members  of  the  registered  organisation  as 
defined under clause (z) of section 2. 

7. Protection from abuse, violence and exploitation.—(1) The appropriate Government shall take 
measures  to  protect  persons  with  disabilities  from  all  forms  of  abuse,  violence  and  exploitation  and  to 
prevent the same, shall— 

(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies 

available against such incidents; 

(b) take steps for avoiding such incidents and prescribe the procedure for its reporting; 

(c) take steps to rescue, protect and rehabilitate victims of such incidents; and 

(d) create awareness and make available information among the public. 

(2)  Any  person  or  registered  organisation  who or  which  has reason  to  believe that an  act  of  abuse, 
violence  or  exploitation  has  been,  or  is  being,  or  is  likely  to  be  committed  against  any  person  with 
disability,  may  give  information  about  it  to  the  Executive  Magistrate  within  the  local  limits  of  whose 
jurisdiction such incidents occur. 

(3)  The  Executive  Magistrate  on  receipt  of  such  information,  shall  take  immediate  steps  to  stop  or 
prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such 
person with disability including an order— 

(a)  to  rescue  the  victim  of  such  act,  authorising  the  police  or  any  organisation  working  for 
persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as 
the case may be; 

(b) for providing protective custody to the person with disability, if such person so desires; 

(c) to provide maintenance to such person with disability. 

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(4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or 

exploitation towards any person with disability shall inform the aggrieved person of— 

(a)  his  or  her  right  to  apply  for  protection  under  sub-section  (2)  and  the  particulars  of  the 

Executive Magistrate having jurisdiction to provide assistance; 

(b)  the  particulars  of  the  nearest  organisation  or  institution  working  for  the  rehabilitation  of 

persons with disabilities; 

(c) the right to free legal aid; and 

(d)  the  right  to file  a  complaint  under  the  provisions  of  this  Act  or  any  other  law  dealing  with 

such offence: 

Provided that nothing in this section shall be construed in any manner as to relieve the police officer 
from his duty to proceed in accordance with law upon receipt of information as to the commission of a 
cognizable offence. 

(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the 
Indian Penal Code (45 of 1860), or under any other law for the time being in force, he may forward the 
complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction 
in the matter. 

8. Protection and safety.—(1) The persons with disabilities shall have equal protection and safety in 

situations of risk, armed conflict, humanitarian emergencies and natural disasters. 

(2) The National Disaster Management Authority and the State Disaster Management Authority shall 
take  appropriate  measures  to  ensure  inclusion  of  persons  with  disabilities  in  its  disaster  management 
activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 (53 of 2005) for 
the safety and protection of persons with disabilities. 

(3)  The  District  Disaster  Management  Authority  constituted  under section  25 of  the  Disaster 
Management  Act,  2005  (53  of  2005)  shall  maintain record  of  details of  persons  with disabilities in the 
district  and  take  suitable  measures  to  inform  such  persons  of  any  situations  of  risk  so  as  to  enhance 
disaster preparedness. 

(4)  The  authorities  engaged  in  reconstruction  activities  subsequent  to  any  situation  of  risk,  armed 
conflict  or  natural  disasters  shall  undertake  such  activities,  in  consultation  with  the  concerned  State 
Commissioner, in accordance with the accessibility requirements of persons with disabilities. 

9. Home and family.—(1) No child with disability shall be separated from his or her parents on the 

ground of disability except on an order of competent court, if required, in the best interest of the child. 

(2) Where the parents are unable to take care of a child with disability, the competent court shall place 
such child with his or her near relations, and failing that within the community in a family setting or in 
exceptional cases in shelter home run by the appropriate Government or non-governmental organisation, 
as may be required. 

10.  Reproductive  rights.—(1)  The  appropriate  Government  shall  ensure  that  persons  with 

disabilities have access to appropriate information regarding reproductive and family planning. 

(2)  No  person  with  disability  shall  be  subject  to  any  medical  procedure  which  leads  to  infertility 

without his or her free and informed consent. 

11. Accessibility in voting.—The Election Commission of India and the State Election Commissions 
shall ensure that all polling stations are accessible to persons with disabilities and all materials related to 
the electoral process are easily understandable by and accessible to them. 

12. Access to justice.—(1) The appropriate Government shall ensure that persons with disabilities are 
able to exercise the right to access any court, tribunal, authority, commission or any other body having 
judicial or quasi-judicial or investigative powers without discrimination on the basis of disability. 

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(2) The appropriate Government shall take steps to put in place suitable support measures for persons 
with  disabilities  specially  those  living  outside  family  and  those  disabled  requiring  high  support  for 
exercising legal rights. 

(3) The National Legal Services Authority and the State Legal Services Authorities constituted under 
the  Legal  Services  Authorities  Act,  1987  (39  of  1987)  shall  make  provisions  including  reasonable 
accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or 
service offered by them equally with others. 

(4) The appropriate Government shall take steps to— 

(a) ensure that all their public documents are in accessible formats; 

(b)  ensure  that  the  filing  departments,  registry  or  any  other  office  of  records  are  supplied  with 
necessary  equipment  to  enable  filing,  storing  and  referring  to  the  documents  and  evidence  in 
accessible formats; and 

(c)  make  available  all  necessary  facilities  and  equipment  to  facilitate  recording  of  testimonies, 
arguments  or  opinion  given  by  persons  with  disabilities  in  their  preferred  language  and  means  of 
communication. 

13. Legal capacity.—(1) The appropriate Government shall ensure that the persons with disabilities 
have right, equally with others, to own or inherit property, movable or immovable, control their financial 
affairs and have access to bank loans, mortgages and other forms of financial credit. 

(2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on 
an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any 
other person before the law. 

(3) When a conflict of interest arises between a person providing support and a person with disability 
in a particular financial, property or other economic transaction, then such supporting person shall abstain 
from providing support to the person with disability in that transaction: 

Provided  that  there  shall  not  be  a  presumption  of  conflict  of  interest  just  on  the  basis  that  the 

supporting person is related to the person with disability by blood, affinity or adoption. 

(4)  A  person  with  disability  may  alter,  modify  or  dismantle  any  support  arrangement  and  seek  the 

support of another: 

Provided that such alteration, modification or dismantling shall be prospective in nature and shall not 
nullify  any  third  party  transaction  entered  into  by  the  person  with  disability  with  the  aforesaid  support 
arrangement. 

(5) Any person providing support to the person with disability shall not exercise undue influence and 

shall respect his or her autonomy, dignity and privacy. 

14. Provision for guardianship.—(1) Notwithstanding anything contained in any other law for the 
time  being  in  force,  on  and  from  the  date  of  commencement  of  this  Act,  where  a  district  court  or  any 
designated  authority,  as  notified  by  the  State  Government,  finds  that  a  person with  disability,  who  had 
been provided adequate and appropriate support but is unable to take legally binding decisions, may be 
provided  further  support  of  a  limited  guardian  to  take  legally  binding  decisions  on  his  behalf  in 
consultation with such person, in such manner, as may be prescribed by the State Government: 

Provided  that  the  District  Court  or  the  designated  authority,  as  the  case  may  be,  may  grant  total 
support  to  the  person  with  disability  requiring  such  support  or  where  the  limited  guardianship  is  to  be 
granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by 
the Court or the designated authority, as the case may be, to determine the nature and manner of support 
to be provided. 

Explanation.—For the purposes of this sub-section, “limited guardianship” means a system of joint 
decision  which  operates  on  mutual  understanding  and  trust  between  the  guardian  and  the  person  with 
disability,  which  shall  be  limited  to  a  specific  period  and  for  specific  decision  and  situation  and  shall 
operate in accordance to the will of the person with disability. 

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(2)  On  and  from  the  date  of  commencement  of  this  Act,  every  guardian  appointed  under  any 
provision  of  any  other  law  for  the  time  being  in  force,  for  a  person  with  disability  shall  be  deemed  to 
function as a limited guardian. 

(3) Any person with disability aggrieved by the decision of the designated authority appointing a legal 
guardian may prefer an appeal to such appellate authority, as may be notified by the State Government for 
the purpose. 

15. Designation of authorities to support.—(1) The appropriate Government shall designate one or 
more  authorities  to  mobilise  the  community  and  create  social  awareness  to  support  persons  with 
disabilities in exercise of their legal capacity. 

(2) The authority designated under sub-section (1) shall take measures for setting up suitable support 
arrangements to exercise legal capacity by persons with disabilities living in institutions and those with 
high support needs and any other measures as may be required. 

CHAPTER III 
EDUCATION 

16.  Duty  of  educational  institutions.—The  appropriate  Government  and  the local  authorities  shall 
endeavour that all educational institutions funded or recognised by them provide inclusive education to 
the children with disabilities and towards that end shall— 

(i)  admit  them  without  discrimination  and  provide  education  and  opportunities  for  sports  and 

recreation activities equally with others; 

(ii) make building, campus and various facilities accessible; 

(iii) provide reasonable accommodation according to the individual's requirements; 

(iv)  provide  necessary  support  individualised  or  otherwise  in  environments  that  maximise 

academic and social development consistent with the goal of full inclusion; 

(v)  ensure  that  the  education  to  persons  who  are  blind  or  deaf  or  both  is  imparted  in  the  most 

appropriate languages and modes and means of communication; 

(vi)  detect  specific  learning  disabilities  in  children  at  the  earliest  and  take  suitable  pedagogical 

and other measures to overcome them; 

(vii) monitor participation, progress in terms of attainment levels and completion of education in 

respect of every student with disability; 

(viii) provide transportation facilities to the children with disabilities and also the attendant of the 

children with disabilities having high support needs. 

17.  Specific  measures  to  promote  and  facilitate  inclusive  education.—The  appropriate 
Government  and  the  local  authorities  shall  take  the  following  measures  for  the  purpose  of  section  16, 
namely:— 

(a) to conduct survey of school  going children in every five years for identifying children with 

disabilities, ascertaining their special needs and the extent to which these are being met: 

Provided that the first  survey  shall  be  conducted  within  a  period  of  two  years from  the  date of 

commencement of this Act; 

(b) to establish adequate number of teacher training institutions; 

(c)  to  train  and  employ  teachers,  including  teachers  with  disability  who  are  qualified  in  sign 
language  and  Braille  and  also  teachers  who  are  trained  in  teaching  children  with  intellectual 
disability; 

(d) to train professionals and staff to support inclusive education at all levels of school education; 

(e)  to  establish  adequate  number  of  resource  centres  to  support  educational  institutions  at  all 

levels of school education; 

(f)  to  promote  the  use  of  appropriate  augmentative  and  alternative  modes  including  means  and 
formats of communication, Braille and sign language to supplement the use of one’s own speech to 

11 

 
fulfil the daily communication needs of persons with speech, communication or language disabilities 
and enables them to participate and contribute to their community and society; 

(g) to provide books, other learning materials and appropriate assistive devices to students with 

benchmark disabilities free of cost up to the age of eighteen years; 

(h) to provide scholarships in appropriate cases to students with benchmark disability; 

(i) to make suitable modifications in the curriculum and examination system to meet the needs of 
students with disabilities such as extra time for completion of examination paper, facility of scribe or 
amanuensis, exemption from second and third language courses; 

(j) to promote research to improve learning; and 

(k) any other measures, as may be required. 

18. Adult education.—The appropriate Government and the local authorities shall take measures to 
promote,  protect  and ensure  participation  of persons with  disabilities  in  adult  education and  continuing 
education programmes equally with others. 

CHAPTER IV 
SKILL DEVELOPMENT AND EMPLOYMENT 

19.  Vocational  training  and  self-employment.—(1)  The  appropriate  Government  shall  formulate 
schemes  and  programmes  including  provision  of  loans  at  concessional  rates  to  facilitate  and  support 
employment of persons with disabilities especially for their vocational training and self-employment. 

(2) The schemes and programmes referred to in sub-section (1) shall provide for— 

(a)  inclusion  of  person  with  disability  in  all  mainstream  formal  and  non-formal  vocational  and 

skill training schemes and programmes; 

(b)  to  ensure  that  a  person  with  disability  has  adequate  support  and  facilities  to  avail  specific 

training; 

(c)  exclusive  skill  training  programmes  for  persons  with  disabilities  with  active  links  with  the 

market, for those with developmental, intellectual, multiple disabilities and autism; 

(d) loans at concessional rates including that of microcredit; 

(e) marketing the products made by persons with disabilities; and 

(f)  maintenance  of  disaggregated  data  on  the  progress  made  in  the  skill  training  and  self-

employment, including persons with disabilities. 

20.  Non-discrimination  in  employment.—(1)  No  Government  establishment  shall  discriminate 

against any person with disability in any matter relating to employment: 

Provided that the appropriate Government may, having regard to the type of work carried on in any 
establishment, by notification and subject to such conditions, if any, exempt any establishment from the 
provisions of this section. 

(2) Every Government establishment shall provide reasonable accommodation and appropriate barrier 

free and conducive environment to employees with disability. 

(3) No promotion shall be denied to a person merely on the ground of disability. 

(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a 

disability during his or her service: 

Provided  that,  if  an  employee  after  acquiring  disability  is  not  suitable  for  the  post  he  was  holding, 

shall be shifted to some other post with the same pay scale and service benefits: 

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a 
supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is 
earlier. 

(5)  The  appropriate  Government  may  frame  policies  for  posting  and  transfer  of  employees  with 

disabilities. 

12 

 
21.  Equal  opportunity  policy.—(1)  Every  establishment  shall  notify  equal  opportunity  policy 
detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner 
as may be prescribed by the Central Government. 

(2) Every establishment shall register a copy of the said policy with the  Chief Commissioner or the 

State Commissioner, as the case may be. 

22.  Maintenance  of  records.—(1)  Every  establishment  shall  maintain  records  of  the  persons  with 
disabilities in relation to the matter of employment, facilities provided and other necessary information in 
compliance  with  the  provisions  of  this  Chapter  in  such  form  and  manner  as  may  be  prescribed  by  the 
Central Government. 

(2)  Every  employment  exchange  shall  maintain  records  of  persons  with  disabilities  seeking 

employment. 

(3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours 

by such persons as may be authorised in their behalf by the appropriate Government. 

23.  Appointment  of  Grievance  Redressal  Officer.—(1)  Every  Government  establishment  shall 
appoint  a  Grievance  Redressal  Officer  for  the  purpose  of  section  19  and  shall  inform  the  Chief 
Commissioner or the State Commissioner, as the case may be, about the appointment of such officer. 

(2)  Any  person  aggrieved  with  the  non-compliance  of  the  provisions  of  section  20,  may  file  a 
complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with 
the establishment for corrective action. 

(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be 
prescribed  by  the  Central  Government,  and  every  complaint  shall  be  inquired  within  two  weeks  of  its 
registration. 

(4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may 

approach the District-Level Committee on disability. 

CHAPTER V 
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION 

24. Social security.—(1) The appropriate Government shall within the limit of its economic capacity 
and  development  formulate  necessary  schemes  and  programmes  to  safeguard  and  promote  the  right  of 
persons  with  disabilities  for  adequate  standard  of  living  to  enable  them  to  live  independently  or  in  the 
community: 

Provided  that  the  quantum  of  assistance  to  the  persons  with  disabilities  under  such  schemes  and 

programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others. 

(2)  The  appropriate  Government  while  devising  these  schemes  and  programmes  shall  give  due 

consideration to the diversity of disability, gender, age, and socio-economic status. 

(3) The schemes under sub-section (1) shall provide for,— 

(a) community centres with good living conditions in terms of safety, sanitation, health care and 

counselling; 

(b)  facilities  for  persons  including  children  with  disabilities  who  have  no  family  or  have  been 

abandoned, or are without shelter or livelihood; 

(c) support during natural or man-made disasters and in areas of conflict; 

(d) support to women with disability for livelihood and for upbringing of their children; 

(e) access to safe drinking water and appropriate and accessible sanitation facilities especially in 

urban slums and rural areas; 

(f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free 

of cost to persons with disabilities with such income ceiling as may be notified; 

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(g)  disability  pension  to  persons  with  disabilities  subject  to  such  income  ceiling  as  may  be 

notified; 

(h)  unemployment  allowance  to  persons  with  disabilities  registered  with  Special  Employment 

Exchange for more than two years and who could not be placed in any gainful occupation; 

(i) care-giver allowance to persons with disabilities with high support needs; 

(j) comprehensive insurance scheme for persons with disability, not covered under the Employees 

State Insurance Schemes, or any other statutory or Government-sponsored insurance schemes; 

(k) any other matter which the appropriate Government may think fit. 

25.  Healthcare.—(1)  The  appropriate  Government  and  the  local  authorities  shall  take  necessary 

measures for the persons with disabilities to provide,— 

(a) free healthcare in the vicinity specially in rural area subject to such family income as may be 

notified; 

(b)  barrier-free  access  in  all  parts  of  Government  and  private  hospitals  and  other  healthcare 

institutions and centres; 

(c) priority in attendance and treatment. 

(2) The appropriate Government and the local authorities shall take measures and make schemes or 
programmes  to  promote  healthcare  and  prevent  the  occurrence  of  disabilities  and  for  the  said  purpose 
shall— 

(a) undertake or cause to be undertaken surveys, investigations and research concerning the cause 

of occurrence of disabilities; 

(b) promote various methods for preventing disabilities; 

(c) screen all the children at least once in a year for the purpose of identifying “at-risk” cases; 

(d) provide facilities for training to the staff at the primary health centres; 

(e)  sponsor  or  cause  to  be  sponsored  awareness  campaigns  and  disseminate  or  cause  to  be 

disseminated information for general hygiene, health and sanitation; 

(f) take measures for pre-natal, perinatal and post-natal care of mother and child; 

(g)  educate  the  public  through  the  pre-schools,  schools,  primary  health  centres,  village  level 

workers and anganwadi workers; 

(h) create awareness amongst the masses through television, radio and other mass media on the 

causes of disabilities and the preventive measures to be adopted; 

(i) healthcare during the time of natural disasters and other situations of risk; 

(j) essential medical facilities for life saving emergency treatment and procedures; and 

(k) sexual and reproductive healthcare especially for women with disability. 

26.  Insurance  schemes.—The  appropriate  Government  shall,  by  notification,  make  insurance 

schemes for their employees with disabilities. 

27.  Rehabilitation.—(1)  The  appropriate  Government  and  the  local  authorities  shall  within  their 
economic  capacity  and  development,  undertake  or  cause  to  be  undertaken  services  and  programmes  of 
rehabilitation,  particularly  in  the  areas  of  health,  education  and  employment  for  all  persons  with 
disabilities.  

(2)  For  the  purposes  of  sub-section  (1),  the  appropriate  Government  and  the  local  authorities  may 

grant financial assistance to non-Governmental Organisations. 

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(3)  The  appropriate  Government  and  the  local  authorities,  while  formulating  rehabilitation  policies 

shall consult the non-Governmental Organisations working for the cause of persons with disabilities. 

28. Research and development.—The appropriate Government shall initiate or cause to be initiated 
research and development through individuals and institutions on issues which shall enhance habilitation 
and  rehabilitation  and  on  such  other  issues  which  are  necessary  for  the  empowerment  of  persons  with 
disabilities. 

29.  Culture  and  recreation.—The  appropriate  Government  and  the  local  authorities  shall  take 
measures to promote and protect the rights of all persons with disabilities to have a cultural life and to 
participate in recreational activities equally with others which include,— 

(a)  facilities,  support  and  sponsorships  to  artists  and  writers  with  disability  to  pursue  their 

interests and talents; 

(b)  establishment  of  a  disability  history  museum  which  chronicles  and  interprets  the  historical 

experiences of persons with disabilities; 

(c) making art accessible to persons with disabilities; 

(d) promoting recreation centres, and other associational activities; 

(e)  facilitating  participation  in  scouting,  dancing,  art  classes,  outdoor  camps  and  adventure 

activities; 

(f) redesigning courses in cultural and arts subjects to enable participation and access for persons 

with disabilities; 

(g) developing technology, assistive devices and equipments to facilitate access and inclusion for 

persons with disabilities in recreational activities; and 

(h) ensuring that persons with hearing impairment can have access to television programmes with 

sign language interpretation or sub-titles. 

30.  Sporting  activities.—(1)  The  appropriate  Government  shall  take  measures  to  ensure  effective 

participation in sporting activities of the persons with disabilities. 

(2)  The  sports  authorities  shall  accord  due  recognition  to  the  right  of  persons  with  disabilities  to 
participate in sports and shall make due provisions for the inclusion of persons with disabilities in their 
schemes and programmes for the promotion and development of sporting talents. 

(3)  Without  prejudice  to  the  provisions  contained  in  sub-sections  (1)  and  (2),  the  appropriate 

Government and the sports authorities shall take measures to,— 

(a) restructure courses and programmes to ensure access, inclusion and participation of persons 

with disabilities in all sporting activities; 

(b)  redesign  and  support  infrastructure  facilities  of  all  sporting  activities  for  persons  with 

disabilities; 

(c) develop technology to enhance potential, talent, capacity and ability in sporting activities of 

all persons with disabilities; 

(d)  provide  multi-sensory  essentials  and  features  in  all  sporting  activities  to  ensure  effective 

participation of all persons with disabilities; 

(e)  allocate  funds  for  development  of  state  of  art  sport  facilities  for  training  of  persons  with 

disabilities; 

(f) promote and organise disability specific sporting events for persons with disabilities and also 

facilitate awards to the winners and other participants of such sporting events. 

15 

 
 
CHAPTER VI 
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITES 

31.  Free  education  for  children  with  benchmark  disabilities.—(1)  Notwithstanding  anything 
contained  in  the  Rights  of  Children  to  Free  and  Compulsory  Education  Act,  2009  (35  of  2009),  every 
child  with  benchmark  disability  between  the  age  of  six  to  eighteen  years  shall  have  the  right  to  free 
education in a neighbourhood school, or in a special school, of his choice. 

(2) The appropriate Government and local authorities shall ensure that every child with benchmark 
disability  has  access  to  free  education  in  an  appropriate  environment  till  he  attains  the  age  of  eighteen 
years. 

32.  Reservation  in  higher  educational  institutions.—(1)  All  Government  institutions  of  higher 
education and other higher education institutions receiving aid from the Government shall reserve not less 
than five per cent. seats for persons with benchmark disabilities. 

(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for 

admission in institutions of higher education. 

33. Identification of posts for reservation.—The appropriate Government shall— 

(i) identify posts in the establishments which can be held by respective category of persons with 
benchmark  disabilities  in  respect  of  the  vacancies  reserved  in  accordance  with  the  provisions  of 
section 34; 

(ii) constitute an expert committee with representation of persons with benchmark disabilities for 

identification of such posts; and 

(iii) undertake periodic review of the identified posts at an interval not exceeding three years. 

34.  Reservation.—(1)  Every  appropriate  Government  shall  appoint  in  every  Government 
establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each 
group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each 
shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. 
for persons with benchmark disabilities under clauses (d) and (e), namely:— 

(a) blindness and low vision; 

(b) deaf and hard of hearing; 

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and 

muscular dystrophy; 

(d) autism, intellectual disability, specific learning disability and mental illness; 

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in 

the posts identified for each disabilities: 

Provided that the reservation in promotion shall be in accordance with such instructions as are issued 

by the appropriate Government from time to time: 

Provided further that the appropriate Government, in consultation with the Chief Commissioner or the 
State  Commissioner,  as  the  case  may  be,  may,  having  regard  to  the  type  of  work  carried  out  in  any 
Government establishment, by notification and subject to such conditions, if any, as may be specified in 
such notifications exempt any Government establishment from the provisions of this section. 

(2)  Where  in  any  recruitment  year  any  vacancy  cannot  be  filled  up  due  to  non-availability  of  a 
suitable  person  with  benchmark  disability  or  for  any  other  sufficient  reasons,  such  vacancy  shall  be 
carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable 
person  with  benchmark  disability  is  not  available,  it  may  first  be  filled  by  interchange  among  the  five 
categories  and  only  when  there  is  no  person  with  disability  available  for  the  post  in  that  year,  the 
employer shall fill up the vacancy by appointment of a person, other than a person with disability: 

Provided that if the nature of vacancies in an establishment is such that a given category of person 
cannot be employed, the vacancies may be interchanged among the five categories with the prior approval 
of the appropriate Government. 

16 

 
 
(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit 

for employment of persons with benchmark disability, as it thinks fit. 

35.  Incentives  to  employers  in  private  sector.—The  appropriate  Government  and  the  local 
authorities  shall,  within  the  limit  of  their  economic  capacity  and  development,  provide  incentives  to 
employer in private sector to ensure that at least five per cent. of their work force is composed of persons 
with benchmark disability. 

36. Special employment exchange.—The appropriate Government may, by notification, require that 
from such date, the employer in every establishment shall furnish such information or return as may be 
prescribed  by  the  Central  Government  in  relation  to  vacancies  appointed  for  persons  with  benchmark 
disability  that  have  occurred  or  are  about  to  occur  in  that  establishment  to  such  special  employment 
exchange as may be notified by the Central Government and the establishment shall thereupon comply 
with such requisition. 

37.  Special  schemes  and  development  programmes.—The  appropriate  Government  and  the  local 
authorities  shall,  by  notification,  make  schemes  in  favour  of  persons  with  benchmark  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 VII 
SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS 

38.  Special  provisions  for  persons  with  disabilities  with  high  support.—(1)  Any  person  with 
benchmark disability, who considers himself to be in need of high support, or any person or organisation 
on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting 
to provide high support. 

(2)  On receipt  of  an  application  under sub-section  (1),  the authority  shall  refer  it  to  an  Assessment 

Board consisting of such Members as may be prescribed by the Central Government. 

(3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as 
may be prescribed by the Central Government, and shall send a report to the authority certifying the need 
of high support and its nature. 

(4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in 
accordance with the report and subject to relevant schemes and orders of the appropriate Government in 
this behalf. 

CHAPTER VIII 
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS 

39.  Awareness  campaigns.—(1)  The  appropriate  Government,  in  consultation  with  the  Chief 
Commissioner  or  the  State  Commissioner,  as  the  case  may  be,  shall  conduct,  encourage,  support  or 
promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with 
disabilities provided under this Act are protected. 

(2) The programmes and campaigns specified under sub-section (1) shall also,— 
(a) promote values of inclusion, tolerance, empathy and respect for diversity; 
(b) advance recognition of the skills, merits and abilities of persons with disabilities and of their 

contributions to the workforce, labour market and professional fee; 

(c)  foster  respect  for  the  decisions  made  by  persons  with  disabilities  on  all  matters  related  to 

family life, relationships, bearing and raising children; 

(d)  provide  orientation  and  sensitisation  at  the  school,  college,  University  and  professional 

training level on the human condition of disability and the rights of persons with disabilities; 

17 

 
 
(e)  provide  orientation  and  sensitisation  on  disabling  conditions  and  rights  of  persons  with 

disabilities to employers, administrators and co-workers; 

(f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, 

colleges and schools. 

40.  Accessibility.—The  Central  Government  shall,  in  consultation  with  the  Chief  Commissioner, 
formulate  rules  for  persons  with  disabilities  laying  down  the  standards  of  accessibility  for  the  physical 
environment,  transportation,  information  and  communications,  including  appropriate  technologies  and 
systems, and other facilities and services provided to the public in urban and rural areas. 

41.  Access  to  transport.—(1)  The  appropriate  Government  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. 

(2) The appropriate Government shall develop schemes programmes to promote the personal mobility 

of persons with disabilities at affordable cost to provide for,— 

(a) incentives and concessions; 

(b) retrofitting of vehicles; and 

(c) personal mobility assistance. 

42.  Access  to  information  and  communication  technology.—The  appropriate  Government  shall 

take measures to ensure that,— 

(i) all contents available in audio, print and electronic media are in accessible format; 

(ii) persons with disabilities have access to electronic media by providing audio description, sign 

language interpretation and close captioning; 

(iii) electronic goods and equipment which are meant for every day use are available in universal 

design. 

43.  Consumer  goods.—The  appropriate  Government  shall take  measures to  promote  development, 
production and distribution of universally designed consumer products and accessories for general use for 
persons with disabilities. 

44.  Mandatory  observance  of  accessibility  norms.—(1)  No  establishment  shall  be  granted 
permission  to  build  any  structure  if  the  building  plan  does  not  adhere  to  the  rules  formulated  by  the 
Central Government under section 40. 

(2)  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 Central Government. 

45.  Time  limit  for  making  existing  infrastructure  and  premises  accessible  and  action  for  that 
purpose.—(1)  All  existing  public  buildings  shall  be  made  accessible  in  accordance  with  the  rules 
formulated  by  the  Central  Government  within  a  period  not  exceeding  five  years  from  the  date  of 
notification of such rules: 

Provided  that  the  Central  Government  may  grant  extension  of  time  to  the  States  on  a  case  to  case 
basis  for  adherence  to  this  provision  depending  on  their  state  of  preparedness  and  other  related 
parameters. 

18 

 
 
(2) The appropriate Government and the local authorities shall formulate and publish an action plan 
based  on  prioritisation,  for  providing  accessibility  in  all  their  buildings  and  spaces  providing  essential 
services such as all primary health centres, civil hospitals, schools, railway stations and bus stops. 

46. Time limit for accessibility by service providers.—The service providers whether Government 
or private shall provide services in accordance with the rules on accessibility formulated by the Central 
Government under section 40 within a period of two years from the date of notification of such rules: 

Provided  that  the  Central  Government  in  consultation  with  the  Chief  Commissioner  may  grant 

extension of time for providing certain category of services in accordance with the said rules. 

47.  Human  resource  development.—(1)  Without  prejudice  to  any  function  and  power  of 
Rehabilitation  Council  of  India  constituted  under  the  Rehabilitation  Council  of  India  Act,  1992  
(34 of 1992), the appropriate Government shall endeavour to develop human resource for the purposes of 
this Act and to that end shall,— 

(a)  mandate  training  on  disability  rights  in  all  courses  for  the  training  of  Panchayati  Raj 

Members, legislators, administrators, police officials, judges and lawyers; 

(b) induct disability as a component for all education courses for schools, colleges and University 
teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, 
asha workers, anganwadi workers, engineers, architects, other professionals and community workers; 

(c) initiate capacity building programmes including training in independent living and community 
relationships for families, members of community and other stakeholders and care providers on care 
giving and support; 

(d) ensure independence training for persons with disabilities to build community relationships on 

mutual contribution and respect; 

(e)  conduct  training  programmes  for  sports  teachers  with  focus  on  sports,  games,  adventure 

activities; 

(f) any other capacity development measures as may be required. 

(2) All Universities shall promote teaching and research in disability studies including establishment 

of study centres for such studies. 

(3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government shall in every 
five  years  undertake  a  need  based  analysis  and  formulate  plans  for  the  recruitment,  induction, 
sensitisation, orientation and training of suitable personnel to undertake the various responsibilities under 
this Act. 

48. Social audit.—The appropriate Government shall undertake social audit of all general schemes 
and programmes involving the persons with disabilities to ensure that the scheme and programmes do not 
have  an  adverse  impact  upon  the  persons  with  disabilities  and  need  the  requirements  and  concerns  of 
persons with disabilities. 

CHAPTER IX 
REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH  
INSTITUTIONS 

49. Competent authority.—The State Government shall appoint an authority as it deems fit to be a 

competent authority for the purposes of this Chapter. 

50. Registration.—Save as otherwise provided under this Act, no person shall establish or maintain 
any institution for persons with disabilities except in accordance with a certificate of registration issued in 
this behalf by the competent authority: 

Provided  that  an  institution  for  care  of  mentally  ill  persons,  which  holds  a  valid  licence  under  
section 8 of the Mental Health Act, 1987 (14 of 1987) or any other Act for the time being in force, shall 
not be required to be registered under this Act. 

51. Application and grant of 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. 

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(2)  On  receipt  of  an  application  under  sub-section  (1),  the  competent  authority  shall  make  such 
enquiries as it may deem fit and on being 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 within 
a  period  of  ninety  days  of  receipt  of  application  and  if  not  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 the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate 
shall be communicated to the applicant in writing. 

(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 meet such 
standards as may be prescribed by the State Government. 

(4) The certificate of registration granted under sub-section (2),— 

(a) shall, unless revoked under section 52 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 expiry of the period of validity. 

(6)  A  copy  of  the  certificate  of  registration  shall  be  displayed  by  the  institution  in  a  conspicuous 

place. 

(7)  Every  application  made  under  sub-section  (1)  or  sub-section  (5)  shall  be  disposed  of  by  the 

competent authority within such period as may be prescribed by the State Government. 

52. Revocation of registration.—(1) The competent authority may, if it has reason to believe that the 

holder of a certificate of registration granted under sub-section (2) of section 51 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 of registration shall not be revoked. 

(2)  Where  a  certificate  of  registration  in  respect  of  an  institution  has  been  revoked  under  

sub-section (1), such institution shall cease to function from the date of such revocation: 

Provided that where an appeal lies under section 53 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, from the 

date of the order of appeal. 

(3)  On  the  revocation  of  a  certificate  of  registration  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 his or her parent, spouse or lawful guardian, as the case may be; or 

(b) transferred to any other institution specified by the competent authority. 

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(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. 

53. Appeal.—(1) Any person aggrieved by the order of the competent authority refusing to grant a 
certificate  of  registration  or  revoking  a  certificate  of  registration  may,  within  such  period  as  may  be 
prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by 
the State Government against such refusal or revocation. 

(2) The order of the appellate authority on such appeal shall be final. 
54.  Act  not  to  apply  to  institutions  established  or  maintained  by  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. 

55.  Assistance  to  registered  institutions.—The  appropriate  Government  may  within  the  limits  of 
their economic capacity and development, grant financial assistance to registered institutions to provide 
services and to implement the schemes and programmes in pursuance of the provisions of this Act. 

CHAPTER X 
CERTIFICATION OF SPECIFIED DISABILITIES 

56.  Guidelines  for  assessment  of  specified  disabilities.—The  Central  Government  shall  notify 

guidelines for the purpose of assessing the extent of specified disability in a person. 

57. Designation of certifying authorities.—(1) The appropriate Government shall designate persons, 
having requisite qualifications and experience, as certifying authorities, who shall be competent to issue 
the certificate of disability. 

(2)  The  appropriate  Government  shall  also  notify  the  jurisdiction  within  which  and  the  terms  and 

conditions subject to which, the certifying authority shall perform its certification functions. 

58.  Procedure  for  certification.—(1)  Any  person  with  specified  disability,  may  apply,  in  such 
manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for 
issuing of a certificate of disability. 

(2)  On  receipt  of  an  application  under  sub-section  (1),  the  certifying  authority  shall  assess  the 
disability of the concerned person in accordance with relevant guidelines notified under section 56, and 
shall, after such assessment, as the case may be,— 

(a)  issue  a  certificate  of  disability  to  such  person,  in  such  form  as  may  be  prescribed  by  the 

Central Government; 

(b) inform him in writing that he has no specified disability. 

(3) The certificate of disability issued under this section shall be valid across the country. 
59. Appeal against a decision of certifying authority.—(1) Any person aggrieved with decision of 
the certifying authority, may appeal against such decision, within such time and in such manner as may be 
prescribed by the State Government, to such appellate authority as the State Government may designate 
for the purpose. 

(2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be 

prescribed by the State Government. 

CHAPTER XI 
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE 

60. Constitution of Central Advisory Board on Disability.—(1) The Central Government shall, by 
notification, constitute a body to be known as the Central Advisory Board on Disability to exercise the 
powers conferred on, and to perform the functions assigned to it, under this Act. 

(2) The Central Advisory Board shall consist of,— 

(a)  the  Minister  in  charge  of  Department  of  Disability  Affairs  in  the  Central  Government, 

Chairperson, ex officio; 

(b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry 

in the Central Government, Vice Chairperson, ex officio; 

(c)  three  Members  of  Parliament,  of  whom  two  shall  be  elected  by  Lok  Sabha  and  one  by  the 

Rajya Sabha, Members, ex officio; 

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(d)  the  Ministers  in  charge  of  Disability  Affairs  of  all  States  and  Administrators  or  Lieutenant 

Governors of the Union territories, Members, ex officio; 

(e)  Secretaries  to  the  Government  of  India  in  charge  of  the  Ministries  or  Departments  of 
Disability  Affairs,  Social  Justice  and  Empowerment,  School  Education  and  Literacy,  and  Higher 
Education,  Women  and  Child  Development,  Expenditure,  Personnel  and  Training,  Administrative 
Reforms  and  Public  Grievances,  Health  and  Family  Welfare,  Rural  Development,  Panchayati  Raj, 
Industrial  Policy  and  Promotion,  Urban  Development,  Housing  and  Urban  Poverty  Alleviation, 
Science  and  Technology,  Communications  and  Information  Technology,  Legal  Affairs,  Public 
Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, 
ex officio; 

(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio; 

(g) Chairperson, Rehabilitation Council of India, Member, ex officio; 

(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental 

Retardation and Multiple Disabilities, Member, ex officio; 

(i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, 

Member, ex officio; 

(j)  Chairman-cum-Managing  Director,  Artificial  Limbs  Manufacturing  Corporation,  Member,  

ex officio; 

(k) Chairman, Railway Board, Member, ex officio; 

(l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, 

ex officio; 

(m) Director, National Council for Educational Research and Training, Member, ex officio; 

(n) Chairperson, National Council of Teacher Education, Member, ex officio; 

(o) Chairperson, University Grants Commission, Member, ex officio; 

(p) Chairperson, Medical Council of India, Member, ex officio; 

(q) Directors of the following Institutes:— 

(i) National Institute for the Visually Handicapped, Dehradun; 

(ii) National Institute for the Mentally Handicapped, Secunderabad; 

(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi; 

(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai; 

(v) National Institute for the Orthopaedically Handicapped, Kolkata; 

(vi) National Institute of Rehabilitation Training and Research, Cuttack; 

(vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai; 

(viii) National Institute for Mental Health and Sciences, Bangalore; 

(ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio; 

(r) Members to be nominated by the Central Government,— 

(i) five Members who are experts in the field of disability and rehabilitation; 

(ii)  ten  Members,  as  far  as  practicable,  being  persons  with  disabilities,  to  represent  

non-Governmental Organisations concerned with disabilities or disabled persons organisations: 

Provided that out of the ten Members nominated, at least, five Members shall be women and 

at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; 

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(iii) up to three representatives of national level chambers of commerce and industry; 

(s)  Joint  Secretary  to  the  Government  of  India  dealing  with  the  subject  of  disability  policy, 

Member-Secretary, ex officio. 

61. Terms and conditions of Service of members.—(1) Save as otherwise provided under this Act, 
a Member of the Central Advisory Board nominated under clause (r) of sub-section (2) of section 60 shall 
hold office for a term of three years from the date of his nomination: 

Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office 

until his successor enters upon his office. 

(2) The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of 
sub-section  (2)  of  section  60,  before  the  expiry  of  his  term  of  office  after  giving  him  a  reasonable 
opportunity of showing cause against the same. 

(3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his 
office by writing under his hand addressed to the Central Government and the seat of the said Member 
shall thereupon becomes vacant. 

(4)  A  casual  vacancy  in  the  Central  Advisory  Board  shall  be  filled  by  a  fresh  nomination  and  the 
person nominated to fill the vacancy shall hold office only for the remainder of the term for which the 
Member in whose place he was so nominated. 

(5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of 

section 60 shall be eligible for renomination. 

(6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of 

section 60 shall receive such allowances as may be prescribed by the Central Government. 

62. Disqualifications.—(1) No person shall be a Member of the Central Advisory Board, who— 

(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has 

compounded with his creditors, or 

(b) is of unsound mind and stands so declared by a competent court, or 

(c)  is,  or  has  been,  convicted  of  an  offence  which,  in  the  opinion  of  the  Central  Government, 

involves moral turpitude, or 

(d) is, or at any time has been, convicted of an offence under this Act, or 

(e)  has  so  abused  his  position  in  the  opinion  of the Central  Government  as  a  Member  so  as  to 

render his continuance in the office is prejudicial interests of the general public. 

(2)  No  order  of  removal  shall  be  made  by  the  Central  Government  under  this  section  unless  the 

Member concerned has been given a reasonable opportunity of showing cause against the same. 

(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 61, a Member 

who has been removed under this section shall not be eligible for renomination as a Member. 

63. Vacation of seats by Members.—If a Member of the Central Advisory Board becomes subject to 

any of the disqualifications specified in section 62, his seat shall become vacant. 

64.  Meetings  of  the  Central  Advisory  Board  on  disability.—The  Central  Advisory  Board  shall 
meet  at  least  once  in  every  six  months  and  shall  observe  such  rules  of  procedure  in  regard  to  the 
transaction of business at its meetings as may be prescribed. 

65. Functions of Central Advisory Board on disability.—(1) Subject to the provisions of this Act, 
the  Central  Advisory  Board  on  disability  shall  be  the  national-level  consultative  and  advisory  body  on 
disability  matters,  and  shall  facilitate  the  continuous  evolution  of  a  comprehensive  policy  for  the 
empowerment of persons with disabilities and the full enjoyment of rights. 

23 

 
 
 
(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  provisions,  the  Central 

Advisory Board on disability shall perform the following functions, namely:— 

(a)  advise  the  Central  Government  and  the  State  Governments  on  policies,  programmes, 

legislation and projects with respect to disability; 

(b) develop a national policy to address issues concerning persons with disabilities; 

(c)  review  and  coordinate  the  activities  of  all  Departments  of  the  Government  and  other 
Governmental  and  non-Governmental  Organisations  which  are  dealing  with  matters  relating  to 
persons with disabilities; 

(d)  take  up  the  cause  of  persons  with  disabilities  with  the  concerned  authorities  and  the 
international  organisations  with  a  view  to  provide  for  schemes  and  projects  for  the  persons  with 
disabilities in the national plans; 

(e) recommend steps to ensure accessibility, reasonable accommodation, non-discrimination for 
persons  with  disabilities  vis-a-vis  information,  services  and  the  built  environment  and  their 
participation in social life; 

(f) monitor and evaluate the impact of laws, policies and programmes to achieve full participation 

of persons with disabilities; and 

(g) such other functions as may be assigned from time to time by the Central Government. 

66.  State  Advisory  Board  on  disability.—(1)  Every  State  Government  shall,  by  notification, 
constitute a body to be known as the State Advisory Board on disability to exercise the powers conferred 
on, and to perform the function assigned to it, under this Act. 

(2) The State Advisory Board shall consist of— 

(a)  the  Minister  in  charge  of  the  Department  in  the  State  Government  dealing  with  disability 

matters, Chairperson, ex officio; 

(b)  the  Minister  of  State  or  the  Deputy  Minister  in  charge  of  the  Department  in  the  State 

Government dealing with disability matters, if any, Vice-Chairperson, ex officio; 

(c) secretaries to the State Government in charge of the Departments of Disability Affairs, School 
Education, Literacy and Higher Education, Women and Child Development, Finance, Personnel and 
Training,  Health  and  Family  Welfare,  Rural  Development,  Panchayati  Raj,  Industrial  Policy  and 
Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty Alleviation, 
Science  and  Technology,  Information  Technology,  Public  Enterprises,  Youth  Affairs  and  Sports, 
Road  Transport  and  any  other  Department,  which  the  State  Government  considers  necessary, 
Members, ex officio; 

(d)  three  Members  of  the  State  Legislature  of  whom  two  shall  be  elected  by  the  Legislative 
Assembly and one by the Legislative Council, if any, and where there is no Legislative Council, three 
Members shall be elected by the Legislative Assembly, Members, ex officio; 

(e) Members to be nominated by the State Government:— 

(i) five Members who are experts in the field of disability and rehabilitation; 

(ii)  five  Members  to  be  nominated  by  the  State  Government  by  rotation  to  represent  the 

districts in such manner as may be prescribed: 

Provided  that  no  nomination  under  this  sub-clause  shall  be  made  except  on  the 

recommendation of the district administration concerned; 

(iii)  ten  persons  as  far  as  practicable,  being  persons  with  disabilities,  to  represent  

non-Governmental Organisations or associations which are concerned with disabilities: 

Provided that out of the ten persons nominated under this clause, at least, five shall be women 

and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; 

24 

 
 
(iv) not more than three representatives of the State Chamber of Commerce and Industry; 

(f) officer not below the rank of Joint Secretary in the Department dealing with disability matters 

in the State Government, Member-Secretary, ex officio. 

67. Terms and conditions of service of Members.—(1) Save as otherwise provided under this Act, 
a Member of the State Advisory Board nominated under clause (e) of sub-section (2) of section 66, shall 
hold office for a term of three years from the date of his nomination: 

Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office 

until his successor enters upon his office. 

(2) The  State  Government may,  if  it thinks  fit,  remove  any  Member nominated under  clause  (e)  of 
sub-section  (2)  of  section  66,  before  the  expiry  of  his  term  of  office  after  giving  him  a  reasonable 
opportunity of showing cause against the same. 

(3) A Member nominated under clause (e) of sub-section (2) of section 66 may at any time resign his 
office by writing under his hand addressed to the State Government and the seat of the said Member shall 
thereupon become vacant. 

(4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person 
nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in 
whose place he was so nominated. 

(5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section (2) of 

section 66 shall be eligible for renomination. 

(6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section (2) of 

section 66 shall receive such allowances as may be prescribed by the State Government. 

68. Disqualification.—(1) No person shall be a Member of the State Advisory Board, who— 

(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has 

compounded with his creditors, or 

(b) is of unsound mind and stands so declared by a competent court, or 

(c)  is,  or  has  been,  convicted  of  an  offence  which,  in  the  opinion  of  the  State  Government, 

involves moral turpitude, or 

(d) is, or at any time has been, convicted of an offence under this Act, or 

(e) has so abused in the opinion of the State Government his position as a Member as to render 

his continuance in the State Advisory Board detrimental to the interests of the general public. 

(2) No order of removal shall be made by the State Government under this section unless the Member 

concerned has been given a reasonable opportunity of showing cause against the same. 

(3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 67, a Member 

who has been removed under this section shall not be eligible for renomination as a Member. 

69.  Vacation  of  seats.—If  a  Member  of  the  State  Advisory  Board  becomes  subject  to  any  of  the 

disqualifications specified in section 68 his seat shall become vacant. 

70. Meetings of State Advisory Board on disability.—The State Advisory Board shall meet at least 
once in every six months and shall observe such rules or procedure in regard to the transaction of business 
at its meetings as may be prescribed by the State Government. 

71. Functions of State Advisory Board on disability.—(1) Subject to the provisions of this Act, the 
State  Advisory  Board  shall  be the  State-level  consultative and advisory  body  on  disability  matters,  and 
shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with 
disabilities and the full enjoyment of rights. 

25 

 
 
 
(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  provisions,  the  State 

Advisory Board on disability shall perform the following functions, namely:— 

(a) advise the State Government on policies, programmes, legislation and projects with respect to 

disability; 

(b) develop a State policy to address issues concerning persons with disabilities; 

(c)  review  and  coordinate  the  activities  of  all  Departments  of  the  State  Government  and  other 
Governmental  and  non-Governmental  Organisations  in  the  State  which  are  dealing  with  matters 
relating to persons with disabilities; 

(d)  take  up  the  cause  of  persons  with  disabilities  with  the  concerned  authorities  and  the 
international  organisations  with  a  view  to  provide  for  schemes  and  projects  for  the  persons  with 
disabilities in the State plans; 

(e) recommend steps to ensure accessibility, reasonable accommodation, non-discrimination for 
persons with disabilities, services and the built environment and their participation in social life on an 
equal basis with others; 

(f)  monitor  and  evaluate  the  impact  of  laws,  policies  and  programmes  designed  to  achieve  full 

participation of persons with disabilities; and 

(g) such other functions as may be assigned from time to time by the State Government. 

72.  District-level  Committee  on  disability.—The  State  Government  shall  constitute  District-level 

Committee on disability to perform such functions as may be prescribed by it. 

73. Vacancies not to invalidate proceedings.—No act or proceeding of the Central Advisory Board 
on  disability,  a  State  Advisory  Board  on  disability,  or  a  District-level  Committee  on  disability  shall  be 
called  in  question  on  the  ground  merely  of  the  existence  of  any  vacancy  in  or  any  defect  in  the 
constitution of such Board or Committee, as the case may be. 

CHAPTER XII 
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES 

74. Appointment of Chief Commissioner and Commissioners.—(1) The Central Government may, 
by notification, appoint a Chief Commissioner for Persons with Disabilities (hereinafter referred to as the 
“Chief Commissioner”) for the purposes of this Act. 

(2)  The  Central  Government  may,  by  notification  appoint  two  Commissioners  to  assist  the  Chief 

Commissioner, of which one Commissioner shall be a persons with disability. 

(3)  A  person  shall  not  be  qualified  for  appointment  as  the  Chief  Commissioner  or  Commissioner 

unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. 

(4)  The  salary  and  allowances  payable  to  and  other  terms  and  conditions  of  service  (including 
pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be 
such as may be prescribed by the Central Government. 

(5)  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. 

(6) The officers and employees provided to the Chief Commissioner shall discharge their functions 

under the general superintendence and control of the Chief Commissioner. 

(7)  The  salaries  and  allowances  and  other  conditions  of  service  of  officers  and  employees  shall  be 

such as may be prescribed by the Central Government. 

(8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than 
eleven members drawn from the experts from different disabilities in such manner as may be prescribed 
by the Central Government. 

26 

 
 
 
75. Functions of Chief Commissioner.—(1) The Chief Commissioner shall— 

(a)  identify,  suo  motu  or  otherwise,  the  provisions  of  any  law  or  policy,  programme  and 

procedures, which are inconsistent with this Act and recommend necessary corrective steps; 

(b)  inquire,  suo  motu  or  otherwise,  deprivation  of  rights  of  persons  with  disabilities  and 
safeguards  available  to  them  in  respect  of  matters  for  which  the  Central  Government  is  the 
appropriate Government and take up the matter with appropriate authorities for corrective action; 

(c) review the safeguards provided  by  or  under  this Act  or  any  other law  for the  time  being  in 
force  for  the  protection  of  rights  of  persons  with  disabilities  and  recommend  measures  for  their 
effective implementation; 

(d)  review  the  factors  that  inhibit  the  enjoyment  of  rights  of  persons  with  disabilities  and 

recommend appropriate remedial measures; 

(e) study treaties and other international instruments on the rights of persons with disabilities and 

make recommendations for their effective implementation; 

(f) undertake and promote research in the field of the rights of persons with disabilities; 

(g) promote awareness of the rights of persons with disabilities and the safeguards available for 

their protection; 

(h)  monitor  implementation  of  the  provisions  of  this  Act  and  schemes,  programmes  meant  for 

persons with disabilities; 

(i)  monitor  utilisation  of  funds  disbursed  by  the  Central  Government  for the  benefit  of  persons 

with disabilities; and 

(j) perform such other functions as the Central Government may assign. 

(2)  The  Chief  Commissioner  shall  consult  the  Commissioners  on  any  matter  while  discharging  its 

functions under this Act. 

76.  Action  of  appropriate  authorities  on  recommendation  of  Chief  Commissioner.—Whenever 
the  Chief  Commissioner  makes  a  recommendation  to  an  authority  in  pursuance  of  clause  (b)  1[of  sub-
section  (1)]  of  section  75,  that  authority  shall  take  necessary  action  on  it,  and  inform  the  Chief 
Commissioner of the action taken within three months from the date of receipt of the recommendation: 

Provided that where an authority does not accept a recommendation, it shall convey reasons for non-
acceptance  to  the  Chief  Commissioner  within  a  period  of  three  months,  and  shall  also  inform  the 
aggrieved person. 

77.  Powers  of  Chief  Commissioner.—(1)  The  Chief  Commissioner  shall,  for  the  purpose  of 
discharging his functions under this Act, have the same powers of a civil court 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 documents; 

(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  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 shall 
be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal 
Procedure, 1973 (2 of 1974). 

1. Ins. by Act 4 of 2018, s. 3 and the second Schedule  (w.e.f. 5-1-2018). 

27 

 
                                                           
78.  Annual  and  special  reports  by  Chief  Commissioner.—(1)  The  Chief  Commissioner  shall 
submit  an  annual  report to  the  Central  Government and  may  at  any  time  submit  special  reports on  any 
matter, which, in his opinion, is of such urgency or importance that it shall not be deferred till submission 
of the annual report. 

(2) The Central Government shall cause the annual and the special reports of the Chief Commissioner 
to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be 
taken on his recommendations and the reasons for non-acceptance the recommendations, if any. 

(3) The annual and special reports shall be prepared in such form, manner and contain such details as 

may be prescribed by the Central Government. 

79.  Appointment  of  State  Commissioner  in  States.—(1)  The  State  Government  may,  by 
notification,  appoint  a  State  Commissioner  for  Persons  with  Disabilities  (hereinafter  referred  to  as  the 
“State Commissioner”) for the purposes of this Act. 

(2) A person shall not be qualified for appointment as the State 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  State  Commissioner  shall  be  such  as  may  be 
prescribed by the State Government. 

(4) The State Government shall determine the nature and categories of officers and other employees 
required  to  assist  the  State  Commissioner  in  the  discharge  of  his  functions  and  provide  the  State 
Commissioner with such officers and other employees as it thinks fit. 

(5)  The  officers  and  employees  provided  to  the  State  Commissioner  shall  discharge  his  functions 

under the general superintendence and control of the State Commissioner. 

(6)  The  salaries  and  allowances  and  other  conditions  of  service  of  officers  and  employees  shall  be 

such as may be prescribed by the State Government. 

(7) The State Commissioner shall be assisted by an advisory committee comprising of not more than 
five members drawn from the experts in the disability sector in such manner as may be prescribed by the 
State Government. 

80. Functions of State Commissioner.—The State Commissioner shall— 

(a) identify, suo motu or otherwise, provision of any law or policy, programme and procedures, 

which are in consistent with this Act, and recommend necessary corrective steps; 

(b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards 
available to them in respect of matters for which the State Government is the appropriate Government 
and take up the matter with appropriate authorities for corrective action; 

(c) review the safeguards provided  by  or  under  this Act  or  any  other law  for the  time  being  in 
force  for  the  protection  of  rights  of  persons  with  disabilities  and  recommend  measures  for  their 
effective implementation; 

(d)  review  the  factors  that  inhibit  the  enjoyment  of  rights  of  persons  with  disabilities  and 

recommend appropriate remedial measures; 

(e) undertake and promote research in the field of the rights of persons with disabilities; 

(f) promote awareness of the rights of persons with disabilities and the safeguards available for 

their protection; 

(g)  monitor  implementation  of  the  provisions  of  this  Act  and  schemes,  programmes  meant  for 

persons with disabilities; 

(h)  monitor  utilisation  of  funds  disbursed  by  the  State  Government  for  the  benefits  of  persons 

with disabilities; and 

28 

 
 
(i) perform such other functions as the State Government may assign. 

81.  Action  by  appropriate  authorities  on  recommendation  of  State  Commissioner.—Whenever 
the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, 
that  authority  shall  take  necessary  action  on  it,  and  inform  the  State  Commissioner  of  the  action  taken 
within three months from the date of receipt of the recommendation: 

Provided that where an authority does not accept a recommendation, it shall convey reasons for non-
acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and 
shall also inform the aggrieved person. 

82.  Powers  of  State  Commissioner.—(1)  The  State  Commissioner  shall,  for  the  purpose  of 
discharging their functions under this Act, have the same powers of a civil court 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 documents; 

(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  State  Commissioner  shall  be  a  judicial  proceeding  within  the 
meaning  of sections  193 and 228 of  the  Indian  Penal  Code  (45  of  1860)  and  the  State  Commissioners 
shall  be  deemed  to  be  a  civil  court  for  the  purposes  of section  195 and  Chapter  XXVI  of  the  Code  of 
Criminal Procedure, 1973 (2 of 1974). 

83. Annual and special reports by State Commissioner.—(1) The State Commissioner shall submit 
an  annual  report  to  the  State  Government  and  may  at  any  time  submit  special  reports  on  any  matter, 
which, in its opinion, is of such urgency or importance that it shall not be deferred till submission of the 
annual report. 

(2) The State Government shall cause the annual and the special reports of the State Commissioner 
for  persons  with  disabilities  to  be  laid  before  each  House  of  State  Legislature  where  it  consists  of  two 
Houses or where such Legislature consist of one House, before that House along with a memorandum of 
action taken or proposed to be taken on the recommendation of the State Commissioner and the reasons 
for non-acceptance the recommendations, if any. 

(3) The annual and special reports shall be prepared in such form, manner and contain such details as 

may be prescribed by the State Government. 

CHAPTER XIII 
SPECIAL COURT 

84. Special Court.—For the purpose of providing speedy trial, the State Government shall, with the 
concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of 
Session to be a Special Court to try the offences under this Act. 

85.  Special  Public  Prosecutor.—(1)  For  every  Special  Court,  the  State  Government  may,  by 
notification, specify a Public Prosecutor or appoint an advocate, who has been in practice as an advocate 
for not less than seven years, as a Special Public  Prosecutor for the purpose of conducting cases in that 
Court. 

(2)  The  Special  Public  Prosecutor  appointed  under  sub-section  (1)  shall  be  entitled  to  receive  such 

fees or remuneration as may be prescribed by the State Government. 

29 

 
 
 
 
CHAPTER XIV 
NATIONAL FUND FOR PERSONS WITH DISABILITIES 

86. National Fund for persons with disabilities.—(1) There shall be constituted a Fund to be called 

the National Fund for persons with disabilities and there shall be credited thereto— 

(a) all sums available under the Fund for people with disabilities, constituted vide notification No. 
S.O.  573  (E),  dated  the  11th  August,  1983  and  the  Trust  Fund  for  Empowerment  of  Persons  with 
Disabilities,  constituted  vide  notification  No.  30-03/2004-DDII,  dated  the  21st  November,  2006, 
under the Charitable Endowment Act, 1890 (6 of 1890). 

(b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated 

the 16th April, 2004 of the Hon’ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000; 
(c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers; 
(d) all sums received from the Central Government including grants-in-aid; 
(e) all sums from such other sources as may be decided by the Central Government. 

(2) The Fund for persons with disabilities shall be utilised and managed in such manner as may be 

prescribed. 

87.  Accounts  and  audit.—(1)  The  Central  Government  shall  maintain  proper  accounts  and  other 
relevant  records  and  prepare  an  annual  statement  of  accounts  of  the  Fund  including  the  income  and 
expenditure  accounts  in  such  form  as  may  be  prescribed  in  consultation  with  the  Comptroller  and 
Auditor-General of India. 

(2)  The  accounts  of  the  Fund  shall  be  audited  by  the  Comptroller  and  Auditor-General  of  India  at 
such intervals as may be specified by him and any expenditure incurred by him in connection with such 
audit shall be payable from the Fund to the Comptroller and Auditor-General of India. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection with the audit of the accounts of the Fund shall have the same rights, privileges and authority 
in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  of  India  generally  has  in 
connection with the audit of the Government accounts, and in particular, shall have the right to demand 
production of books of account, connected vouchers and other documents and papers and to inspect any 
of the offices of the Fund. 

(4)  The  accounts  of  the  Fund  as  certified  by  the  Comptroller  and  Auditor-General  of  India  or  any 
other person appointed by him in this behalf, together with the audit report thereon, shall be laid before 
each House of Parliament by the Central Government. 

CHAPTER XV 
STATE FUND FOR PERSONS WITH DISABILITIES 

88. State Fund for persons with disabilities.—(1) There shall be constituted a Fund to be called the 
State Fund for persons with disabilities by a State Government in such manner as may be prescribed by 
the State Government. 

(2) The State Fund for persons with disabilities shall be utilised and managed in such manner as may 

be prescribed by the State Government. 

(3)  Every  State  Government  shall  maintain  proper  accounts  and  other  relevant  records  of  the  State 
Fund for persons with disabilities including the income and expenditure accounts in such form as may be 
prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. 

(4) The accounts of the State Fund for persons with disabilities shall be audited by the Comptroller 
and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred 
by  him  in  connection  with  such  audit  shall  be  payable  from  the  State  Fund  to  the  Comptroller  and 
Auditor-General of India. 

(5)  The  Comptroller  and  Auditor-General  of  India  and  any  person  appointed  by  him  in  connection 
with the audit of the accounts of the State Fund for persons with disabilities shall have the same rights, 
privileges and authority in connection with such audit as the Comptroller and Auditor-General of India 
generally has in connection with the audit of the Government accounts, and in particular, shall have right 
to demand production of books of accounts, connected vouchers and other documents and papers and to 
inspect any of the offices of the State Fund. 

30 

 
(6) The accounts of the State Fund for persons with disabilities as certified by the Comptroller and 
Auditor-General  of  India  or  any  other  person  appointed  by  him  in  this  behalf  together  with  the  audit 
report thereon shall be laid before each House of the State Legislature where it consists of two Houses or 
where such Legislature consists of one House before that House. 

CHAPTER XVI 
OFFENCES AND PENALTIES 

89.  Punishment  for  contravention  of  provisions  of  Act  or  rules  or  regulations  made 
thereunder.—Any  person  who  contravenes  any  of  the  provisions  of  this  Act,  or  of  any  rule  made 
thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees 
and  for  any  subsequent  contravention  with  fine  which  shall  not  be  less  than  fifty  thousand  rupees  but 
which may extend to five lakh rupees. 

90.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company, every person who at the time the offence was committed, was in charge of, and was responsible 
to, the company for the conduct of the business of the company, as well as the company, shall be deemed 
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his knowledge or 
that he had exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  is attributable  to  any  neglect  on the  part  of  any  director,  manager,  secretary  or  other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

91.  Punishment  for  fraudulently  availing  any  benefit  meant  for  persons  with  benchmark 
disabilities.—Whoever,  fraudulently  avails  or  attempts  to  avail  any  benefit  meant  for  persons  with 
benchmark disabilities, shall be punishable with imprisonment for a term which may extend to two years 
or with fine which may extend to one lakh rupees or with both. 

92. Punishment for offences of atrocities.—Whoever,— 

(a)  intentionally  insults  or  intimidates  with  intent  to  humiliate  a  person  with  disability  in  any 

place within public view; 

(b) assaults or uses force to any person with disability with intent to dishonour him or outrage the 

modesty of a woman with disability; 

(c)  having  the  actual  charge  or  control  over  a  person  with  disability  voluntarily  or  knowingly 

denies food or fluids to him or her; 

(d)  being  in  a  position  to  dominate  the  will  of  a  child  or  woman  with  disability  and  uses  that 

position to exploit her sexually; 

(e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting 

device of a person with disability; 

(f)  performs,  conducts  or  directs  any  medical  procedure  to  be  performed  on  a  woman  with 
disability which leads to or is likely to lead to termination of pregnancy without her express consent 
except  in  cases  where  medical  procedure  for  termination  of  pregnancy  is  done  in  severe  cases  of 
disability and with the opinion of a registered medical practitioner and also with the consent of the 
guardian of the woman with disability,  

shall be punishable with imprisonment for a term which shall not be less than six months but which may 
extend to five years and with fine. 

31 

 
93. Punishment for failure to furnish information.—Whoever, fails to produce any book, account 
or other documents or to furnish any statement, information or particulars which, under this Act or any 
order,  or  direction  made  or  given  there  under,  is  duty  bound  to  produce  or  furnish  or  to  answer  any 
question  put  in  pursuance  of  the  provisions  of  this  Act  or  of  any  order,  or  direction  made  or  given 
thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of 
each  offence,  and  in  case  of  continued  failure  or  refusal,  with  further  fine  which  may  extend  to  one 
thousand  rupees  for  each  day,  of  continued  failure  or  refusal  after  the  date  of  original  order  imposing 
punishment of fine. 

94. Previous sanction of appropriate Government.—No Court shall take cognizance of an offence 
alleged  to  have  been  committed  by  an  employee  of  the  appropriate  Government  under  this  Chapter, 
except  with  the  previous  sanction  of  the  appropriate  Government  or  a  complaint  is  filed  by  an  officer 
authorised by it in this behalf. 

95.  Alternative  punishments.—Where  an  act  or  omission  constitutes  an  offence  punishable  under 
this Act and also under any other Central or State Act, then, notwithstanding anything contained in any 
other  law  for  the  time  being  in  force,  the  offender  found  guilty  of  such  offence  shall  be  liable  to 
punishment only under such Act as provides for punishment which is greater in degree. 

CHAPTER XVII 
MISCELLANEOUS 

96. Application of other laws not barred.—The provisions of this Act shall be in addition to, and 

not in derogation of, the provisions of any other law for the time being in force. 

97. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie  against  the  appropriate  Government  or  any  officer  of  the  appropriate  Government  or  any  officer  or 
employee of the Chief Commissioner or the State Commissioner for anything which is in good faith done 
or intended to be done under this Act or the rules made thereunder. 

98. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions 
or  give  such  directions,  not  inconsistent  with  the  provisions  of  this  Act,  as  may  appear  to  it  to  be 
necessary or expedient for removing the difficulty: 

Provided  that  no  such  order  shall  be  made  under  this  section  after  the  expiry  of  the  period  of  two 

years from the date of commencement of this Act. 

(2) Every order made under this section shall be laid as soon as may be, after it is made, before each 

House of Parliament. 

99. Power to amend Schedule.—(1) On the recommendations made by the appropriate Government 
or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by 
notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to 
have been amended accordingly. 

(2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House 

of Parliament. 

100. Power of Central Government to make rules.—(1) The Central Government may, subject to 
the condition of previous publication, by notification, make rules for carrying out the provisions of this 
Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of 

section 6; 

(b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21; 

(c) the form and manner of maintaining records by every establishment under sub-section (1) of 

section 22; 

32 

 
(d)  the  manner  of  maintenance  of  register  of  complaints  by  grievance  redressal  officer  under  

sub-section (3) of section 23; 

(e) the manner of furnishing information and return by establishment to the Special Employment 

Exchange under section 36; 

(f) the composition of the Assessment Board under sub-section (2) and manner of assessment to 

be made by the Assessment Board under sub-section (3) of section 38; 

(g) rules for person with disabilities laying down the standards of accessibility under section 40; 
(h)  the  manner  of  application  for  issuance  of  certificate  of  disability  under  sub-section  (1)  and 

form of certificate of disability under sub-section (2) of section 58; 

(i)  the  allowances  to  be  paid  to  nominated  Members  of  the  Central  Advisory  Board  under  

sub-section (6) of section 61; 

(j)  the  rules  of  procedure  for  transaction  of  business  in  the  meetings  of  the  Central  Advisory 

Board under section 64; 

(k)  the  salaries  and  allowances  and  other  conditions  of  services  of  Chief  Commissioner  and 

Commissioners under sub-section (4) of section 74; 

(l)  the  salaries  and  allowances  and  conditions  of  services  of  officers  and  staff  of  the  Chief 

Commissioner under sub-section (7) of section 74; 

(m)  the  composition  and  manner  of  appointment  of  experts  in  the  advisory  committee  under  

sub-section (8) of section 74; 

(n)  the  form,  manner  and  content  of  annual  report  to  be  prepared  and  submitted  by  the  Chief 

Commissioner under sub-section (3) of section 78; 

(o)  the  procedure,  manner  of  utilisation  and  management  of  the  Fund  under  sub-section  (2)  of 

section 86; and 

(p) the form for preparation of accounts of Fund under sub-section (1) of section 87. 

(3) Every rule made under this Act 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 or both Houses agree that the rule should not be made, the rule 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. 

101. Power  of  State  Government  to make rules.—(1) The  State  Government may,  subject to the 
condition of previous publication, by notification, make rules for carrying out the provisions of this Act, 
not later than six months from the date of commencement of this Act. 

(2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide 

for all or any of the following matters, namely:— 

(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of 

section 5; 

(b) the manner of providing support of a limited guardian under sub-section (1) of section 14; 
(c)  the  form  and  manner  of  making  an  application  for  certificate  of  registration  under  

sub-section (1) of section 51; 

(d) the facilities to be provided and standards to be met by institutions for grant of certificate of 

registration under sub-section (3) of section 51; 

(e) the validity of certificate of registration, the form of, and conditions attached to, certificate of 

registration under sub-section (4) of section 51; 

(f)  the  period  of  disposal  of  application  for  certificate  of  registration  under  sub-section  (7)  of 

section 51; 

(g) the period within which an appeal to be made under sub-section (1) of section 53; 

(h)  the  time  and  manner  of  appealing  against  the  order  of  certifying  authority  under  

sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59; 

33 

 
(i)  the  allowances  to  be  paid  to  nominated  Members  of  the  State  Advisory  Board  under  

sub-section (6) of section 67; 

(j) the rules of procedure for transaction of business in the meetings of the State Advisory Board 

under section 70; 

(k) the composition and functions of District Level Committee under section 72; 

(l)  salaries,  allowances  and  other  conditions  of  services  of  the  State  Commissioner  under  

sub-section (3) of section 79; 

(m)  the  salaries,  allowances  and  conditions  of  services  of  officers  and  staff  of  the  State 

Commissioner under sub-section (3) of section 79; 

(n)  the  composition  and  manner  of  appointment  of  experts  in  the  advisory  committee  under  

sub-section (7) of section 79; 

(o) the form, manner and content of annual and special reports to be prepared and submitted by 

the State Commissioner under sub-section (3) of section 83; 

(p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of 

section 85; 

(q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), 

and the manner of utilisation and management of State Fund under sub-section (2) of section 88; 

(r)  the  form  for  preparation  of  accounts  of  the  State  Fund  for  persons  with  disabilities  under  

sub-section (3) of section 88. 

(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is 
made, before each House of the State Legislature where it consists of two  Houses, or where such State 
Legislature consists of one House, before that House. 

102.  Repeal  and  savings.—(1)  The  Persons  with  Disabilities  (Equal  Opportunity  Protection  of 

Rights and Full Participation) Act, 1995 (1 of 1996) is hereby repealed. 

(2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, 

shall be deemed to have been done or taken under the corresponding provisions of this Act. 

34 

 
 
THE SCHEDULE 

[See clause (zc) of section 2] 

SPECIFIED DISABILITY 

1. Physical disability.— 

A.  Locomotor  disability  (a  person’s  inability  to  execute  distinctive  activities  associated  with 
movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), 
including— 

(a)  “leprosy  cured  person”  means  a  person  who  has  been  cured  of  leprosy  but  is  suffering 

from— 

(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and 

eye-lid but with no manifest deformity; 

(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet 

to enable them to engage in normal economic activity; 

(iii)  extreme  physical  deformity  as  well  as  advanced  age  which  prevents  him/her  from 
undertaking  any  gainful  occupation,  and  the  expression  “leprosy  cured”  shall  construed 
accordingly; 

(b) “cerebral palsy” means a Group of non-progressive neurological condition affecting body 
movements  and  muscle  coordination,  caused  by  damage  to  one  or  more  specific  areas  of  the 
brain, usually occurring before, during or shortly after birth; 

(c) “dwarfism” means a medical or genetic condition resulting in an adult height of 4 feet 10 

inches (147 centimeters) or less; 

(d) “muscular dystrophy” means a group of hereditary genetic muscle disease that weakens 
the muscles that move the human body and persons with multiple dystrophy have incorrect and 
missing information in their genes, which prevents them from making the proteins they need for 
healthy  muscles.  It  is  characterised  by  progressive  skeletal  muscle  weakness, defects in  muscle 
proteins, and the death of muscle cells and tissue; 

(e)  “acid  attack  victims”  means  a  person  disfigured  due  to  violent  assaults  by  throwing  of 

acid or similar corrosive substance. 

B. Visual impairment— 

(a) “blindness” means a condition where a person has any of the following conditions, after 

best correction— 

(i) total absence of sight; or 

(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better  eye with best 

possible correction; or 

(iii) limitation of the field of vision subtending an angle of less than 10 degree. 

(b)  “low-vision”  means  a  condition  where  a  person  has  any  of  the  following  conditons, 

namely:— 

(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) 

in the better eye with best possible corrections; or 

(ii) limitation of the field of vision subtending an angle of less  than 40 degree up to 10 

degree. 

C. Hearing impairment— 

(a) “deaf” means persons having 70 DB hearing loss in speech frequencies in both ears; 

35 

 
 
(b)  “hard  of  hearing”  means  person  having  60  DB  to  70  DB  hearing  loss  in  speech 
frequencies in both ears; 

D. “speech and language disability” means a permanent disability arising out of conditions such 
as laryngectomy or aphasia affecting one or more components of speech and language due to organic 
or neurological causes. 

2.  Intellectual  disability,  a  condition  characterised  by  significant  limitation  both  in  intellectual 
functioning  (rasoning,  learning,  problem  solving)  and  in  adaptive  behaviour  which  covers  a  range  of 
every day, social and practical skills, including— 

(a) “specific learning disabilities” means a heterogeneous group of conditions wherein there is a 
deficit  in  processing  language,  spoken  or  written,  that  may  manifest  itself  as  a  difficulty  to 
comprehend,  speak,  read,  write,  spell,  or  to  do  mathematical  calculations  and  includes  such 
conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental 
aphasia; 

(b) “autism spectrum disorder” means a neuro-developmental condition typically appearing in the 
first  three  years  of  life  that  significantly  affects  a  person's  ability  to  communicate,  understand 
relationships and relate to others, and is frequently associated with unusal or stereotypical rituals or 
behaviours. 

3. Mental behaviour,— 

“mental  illness”  means  a  substantial  disorder  of  thinking,  mood,  perception,  orientation  or 
memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the 
ordinary  demands  of  life,  but  does  not  include  retardation  which  is  a  conditon  of  arrested  or 
incomplete development of mind of a person, specially characterised by subnormality of intelligence. 

4. Disability caused due to— 

(a) chronic neurological conditions, such as— 

(i) “multiple sclerosis” means an inflammatory, nervous system disease in which the myelin 
sheaths  around  the  axons  of  nerve  cells  of  the  brain  and  spinal  cord  are  damaged,  leading  to 
demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate 
with each other; 

(ii)  “parkinson's  disease”  means  a  progressive  disease  of  the  nervous  system  marked  by 
tremor,  muscular  rigidity,  and  slow,  imprecise  movement,  chiefly  affecting  middle-aged  and 
elderly people associated with degeneration of the basal ganglia of the brain and a deficiency of 
the neurotransmitter dopamine. 

(b) Blood disorder— 

(i) “haemophilia” means an inheritable disease, usually affecting only male but transmitted by 
women to their male children, characterised by loss or impairment of the normal clotting ability 
of blood so that a minor would may result in fatal bleeding; 

(ii)  “thalassemia”  means  a  group  of  inherited  disorders  characterised  by  reduced  or  absent 

amounts of haemoglobin. 

(iii) “sickle cell disease” means a hemolytic disorder characterised by chronic anemia, painful 
events, and various complications due to associated tissue and organ damage; “hemolytic” refers 
to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin. 

5.  Multiple  Disabilities (more than  one  of the  above specified  disabilities) including  deaf  blindness 
which  means  a  condition  in  which  a  person  may  have  combination  of  hearing  and  visual  impairments 
causing severe communication, developmental, and educational problems. 

6. Any other category as may be notified by the Central Government. 

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