Rights Of Persons With Disabilities Act, 2016 One Liner Notes

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THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

 

Which Act was enacted to give effect to the UN Convention on the Rights of Persons with Disabilities in India?

The Rights of Persons with Disabilities Act, 2016.

Which international convention is implemented through the Rights of Persons with Disabilities Act, 2016?

United Nations Convention on the Rights of Persons with Disabilities.

Which body adopted the Convention on the Rights of Persons with Disabilities?

United Nations General Assembly.

On which date was the Convention on the Rights of Persons with Disabilities adopted?

13 December 2006.

When did India ratify the Convention on the Rights of Persons with Disabilities?

1 October 2007.

What is one core principle of the Convention regarding persons with disabilities?

Respect for inherent dignity and individual autonomy.

What principle ensures equal treatment of persons with disabilities?

Non-discrimination.

What principle ensures participation of persons with disabilities in society?

Full and effective participation and inclusion in society.

What principle recognizes persons with disabilities as part of human diversity?

Respect for difference and acceptance of persons with disabilities.

Which principle ensures equal chances for persons with disabilities?

Equality of opportunity.

Which principle focuses on removing barriers for persons with disabilities?

Accessibility.

Which principle promotes gender equality among persons with disabilities?

Equality between men and women.

Which principle protects the identity and development of children with disabilities?

Respect for evolving capacities of children with disabilities.

In which year was the Rights of Persons with Disabilities Act enacted?

2016.

 

CHAPTER I

PRELIMINARY

Under which section is the short title of the Act provided?

Section 1

What is the short title of the Act under Section 1(1)?

The Rights of Persons with Disabilities Act, 2016.

Who has the power to appoint the date of commencement of the Act?

The Central Government.

By what method does the Central Government bring the Act into force?

By notification in the Official Gazette.

Which section deals with commencement of the Act?

Section 1(2).

The Rights of Persons with Disabilities Act, 2016 was enacted in which year of the Republic of India?

Sixty-seventh year of the Republic of India.

Under which section are definitions provided in the Rights of Persons with Disabilities Act, 2016?

Section 2.

What does “appellate authority” mean under the Act?

An authority notified or designated under Sections 14(3), 53(1), or 59(1).

Under which section can an appellate authority be notified regarding guardianship matters?

Section 14(3).

Under which section can an appellate authority be notified regarding special employment exchange matters?

Section 53(1).

Under which section can an appellate authority be designated for appeal against the decision of the Chief Commissioner or State Commissioner?

Section 59(1).

What does “appropriate Government” mean under the Act?

The Central Government or the State Government depending on the establishment concerned.

Who is the appropriate Government for establishments financed by the Central Government?

The Central Government.

Who is the appropriate Government for establishments financed by a State Government?

The State Government.

Who is the appropriate Government for a Cantonment Board?

The Central Government.

A Cantonment Board is constituted under which Act?

The Cantonments Act, 2006.

Which government is the appropriate Government for a local authority other than a Cantonment Board?

The State Government.

What does the term “barrier” mean under the Act?

Any factor that hampers full and effective participation of persons with disabilities in society.

Which type of barrier relates to communication difficulties?

Communicational barrier.

Which barrier arises from social beliefs or traditions?

Cultural barrier.

Which barrier arises due to lack of financial resources?

Economic barrier.

Which barrier arises due to surroundings or infrastructure?

Environmental barrier.

Which barrier arises from policies or systems of organizations?

Institutional barrier.

Which barrier arises from government policies or political systems?

Political barrier.

Which barrier arises from societal attitudes or prejudices?

Attitudinal barrier.

Which barrier relates to physical or structural obstacles?

Structural barrier.

Who is a “care-giver” under the Rights of Persons with Disabilities Act, 2016?

Any person including parents or family members who provides care, support or assistance to a person with disability with or without payment.

What does “certifying authority” mean under the Act?

An authority designated under Section 57(1).

What does the term “communication” include under the Act?

Means and formats such as languages, Braille, sign language, large print, accessible multimedia, audio, video, visual displays and ICT.

Which section provides for appointment of a “competent authority”?

Section 49.

What is meant by “competent authority” under the Act?

An authority appointed under Section 49.

What is “discrimination” in relation to disability under the Act?

Any distinction, exclusion or restriction based on disability that impairs equal enjoyment of human rights and freedoms.

What does discrimination under the Act include besides exclusion and restriction?

All forms of discrimination and denial of reasonable accommodation.

What does the term “establishment” include under the Act?

Government establishment and private establishment.

What does “Fund” mean under the Act?

The National Fund constituted under Section 86.

What is a “Government establishment” under the Act?

A corporation, authority, body, local authority or Government company owned, controlled or aided by the Government.

Government company in the definition of Government establishment is defined under which law?

The Companies Act, 2013.

What does “high support” mean under the Act?

Intensive support required by a person with benchmark disability for daily activities and participation in life.

What is meant by “inclusive education” under the Act?

A system where students with and without disabilities learn together with adapted teaching methods.

What does “information and communication technology” include?

Telecom services, web-based services, electronic, print, digital and virtual communication services.

What is meant by “institution” under the Act?

An institution for reception, care, protection, education, training or rehabilitation of persons with disabilities.

What bodies are included in the definition of “local authority”?

Municipality, Panchayat, Cantonment Board and other civic authorities established by law.

Cantonment Board mentioned in the definition of local authority is constituted under which law?

The Cantonments Act, 2006.

What does “notification” mean under the Act?

A notification published in the Official Gazette.

Who is a “person with benchmark disability”?

A person having not less than 40% of a specified disability certified by a certifying authority.

Who is a “person with disability” under the Act?

A person with long-term physical, mental, intellectual or sensory impairment which hinders participation in society.

Who is a “person with disability having high support needs”?

A person with benchmark disability certified under Section 58(2)(a) who requires high support.

What does the term “prescribed” mean under the Act?

Prescribed by rules made under the Act.

What is a “private establishment” under the Rights of Persons with Disabilities Act, 2016?

A company, firm, cooperative, society, trust, association, institution, organisation, union, factory or other establishment specified by the appropriate Government.

Who may specify other establishments as private establishments under the Act?

The Appropriate Government by notification.

What is meant by “public building” under the Act?

A Government or private building used or accessed by the public at large.

Which types of activities may be conducted in a public building?

Educational, vocational, commercial, religious, cultural, recreational, medical or judicial activities.

Are railway stations and airports included in public buildings under the Act?

Yes, railway stations, bus stands, airports and waterways are included.

What does “public facilities and services” include under the Act?

All forms of services delivered to the public such as housing, education, employment, healthcare, banking and transportation.

Does “public facilities and services” include access to justice?

Yes, access to justice is included.

What is meant by “reasonable accommodation” under the Act?

Necessary and appropriate modifications without imposing disproportionate or undue burden to ensure equal rights for persons with disabilities.

What is the main purpose of reasonable accommodation?

To ensure persons with disabilities enjoy rights equally with others.

What is a “registered organisation” under the Act?

An association, NGO, trust, society or non-profit company working for the welfare of persons with disabilities and registered under law.

Who may form a registered organisation under the Act?

Persons with disabilities, parents of persons with disabilities or voluntary organisations.

What does “rehabilitation” mean under the Act?

A process aimed at enabling persons with disabilities to attain optimal physical, intellectual, psychological or social functioning.

What is the purpose of rehabilitation under the Act?

To help persons with disabilities maintain optimal functioning and independence.

What is a “Special Employment Exchange”?

An office established by the Government to collect and provide employment information related to persons with disabilities.

What information is maintained by a Special Employment Exchange?

Information about employers, persons with benchmark disabilities seeking jobs and available vacancies.

What does “specified disability” mean under the Act?

Disabilities specified in the Schedule of the Act.

What is included in “transportation systems” under the Act?

Road, rail, air and water transport including last-mile connectivity systems.

Does transportation systems include road and street infrastructure?

Yes, road and street infrastructure is included.

What is meant by “universal design” under the Act?

Design of products, environments and services usable by all people without the need for adaptation.

Does universal design apply to assistive devices and advanced technologies?

Yes, it applies to assistive devices and advanced technologies for persons with disabilities.

 

CHAPTER II

RIGHTS AND ENTITLEMENTS

Section 3 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Equality and non-discrimination

Who shall ensure that persons with disabilities enjoy the right to equality?

Appropriate Government

Persons with disabilities have the right to equality, life with dignity and respect for what?

Integrity

Persons with disabilities must enjoy equality with whom?

Others

The appropriate Government shall take steps to utilise whose capacity?

Persons with disabilities

To utilise the capacity of persons with disabilities, what must be provided?

Appropriate environment

On which ground shall no person with disability be discriminated?

Ground of disability

Discrimination against a person with disability is allowed only if what is shown?

It is a proportionate means of achieving a legitimate aim

What type of act or omission may justify discrimination under Section 3(3)?

Proportionate means to achieve a legitimate aim

A person cannot be deprived of personal liberty only on what ground?

Disability

Who must ensure that persons with disabilities are not deprived of liberty due to disability?

Law / State

What must the appropriate Government ensure for persons with disabilities?

Reasonable accommodation

Reasonable accommodation for persons with disabilities must be ensured by whom?

Appropriate Government

Section 3 promotes equality of persons with disabilities in comparison to whom?

Other persons

The right to life with dignity for persons with disabilities is guaranteed under which section?

Section 3

Section 3 ensures respect for whose integrity?

Persons with disabilities

Providing a suitable environment helps in utilising whose abilities?

Persons with disabilities

What principle prevents unfair treatment of persons with disabilities?

Non-discrimination

Personal liberty of a person cannot be restricted merely because of what?

Disability

Section 3 mainly focuses on equality, dignity, and what else?

Non-discrimination

Section 4 of the Rights of Persons with Disabilities Act, 2016 deals with whom?

Women and children with disabilities

Who shall take measures to ensure rights of women and children with disabilities?

Appropriate Government and local authorities

Women with disabilities must enjoy their rights equally with whom?

Others

Children with disabilities must enjoy their rights equally with whom?

Others

What must the Government ensure for women with disabilities?

Equal enjoyment of rights

What must the Government ensure for children with disabilities?

Equal enjoyment of rights

Who is responsible for implementing measures under Section 4?

Appropriate Government and local authorities

Children with disabilities have the right to freely do what?

Express their views

Children with disabilities can express their views on what matters?

All matters affecting them

The right to express views by children with disabilities must be given on what basis?

Equal basis

What must be provided to children with disabilities to express their views effectively?

Appropriate support

While providing support to children with disabilities, what must be considered?

Age and disability

Section 4 ensures participation of children with disabilities in what?

Matters affecting them

Who must ensure the right of children with disabilities to express views?

Appropriate Government and local authorities

What principle is ensured for women and children with disabilities under Section 4?

Equality of rights

Section 4 emphasizes protection of which vulnerable groups with disabilities?

Women and children

The views of children with disabilities must be considered with regard to what factors?

Age and disability

Measures under Section 4 aim to ensure equal rights for whom?

Women and children with disabilities

Children with disabilities must be supported to express views in matters affecting whom?

Themselves

Section 4 promotes equal rights and participation of whom?

Women and children with disabilities

Section 5 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Community life

Persons with disabilities have the right to live where?

In the community

Who has the right to live in the community under Section 5?

Persons with disabilities

Which authority shall endeavour to ensure community living for persons with disabilities?

Appropriate Government

Persons with disabilities should not be obliged to live in what?

Any particular living arrangement

What should persons with disabilities have access to under Section 5?

Community support services

Persons with disabilities must have access to what types of services?

In-house, residential and community support services

What type of assistance may be provided to support community living?

Personal assistance

Personal assistance is provided to support what?

Living in the community

While providing community support services, what factors must be considered?

Age and gender

Section 5 ensures independence of whom in choosing their living arrangement?

Persons with disabilities

Community support services include what kind of services?

In-house and residential services

The Government must endeavour to ensure what freedom for persons with disabilities?

Freedom in living arrangements

Access to community services must support whose living?

Persons with disabilities

Section 5 promotes inclusion of persons with disabilities in what?

Community life

Persons with disabilities cannot be forced to live in what type of arrangement?

Particular living arrangement

Support services under Section 5 help persons with disabilities to do what?

Live independently

Community living support must consider which personal factors?

Age and gender

Section 5 focuses on integration of persons with disabilities into what?

Society/community

The objective of Section 5 is to ensure community living with what support?

Necessary support services

Section 6 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Protection from cruelty and inhuman treatment

Who shall take measures to protect persons with disabilities from torture?

Appropriate Government

Persons with disabilities must be protected from what kinds of treatment?

Torture, cruel, inhuman or degrading treatment

Who must ensure protection of persons with disabilities from cruel treatment?

Appropriate Government

A person with disability cannot be subjected to research without what?

Free and informed consent

Consent for research must be obtained through what modes?

Accessible modes, means and formats of communication

Apart from consent, what else is required before conducting research on a person with disability?

Prior permission of a Committee for Research on Disability

Which committee must give permission for research involving persons with disabilities?

Committee for Research on Disability

Who constitutes the Committee for Research on Disability?

Appropriate Government

At least what proportion of committee members must be persons with disabilities or members of registered organisations?

Not less than half

Members of which organisations may be part of the Research Committee?

Registered organisations

The term “registered organisation” is defined under which section of the Act?

Section 2(z)

What type of consent is mandatory before research on a person with disability?

Free and informed consent

Research on persons with disabilities must ensure consent in what format?

Accessible communication formats

Section 6 ensures protection of persons with disabilities from what?

Torture and degrading treatment

Research involving persons with disabilities requires permission from whom?

Committee for Research on Disability

The Research Committee must be constituted in what manner?

Prescribed manner

What safeguard ensures representation of persons with disabilities in the Research Committee?

At least half members must be persons with disabilities or from registered organisations

Section 6 protects the dignity of whom during research activities?

Persons with disabilities

The objective of Section 6 is to prevent cruelty and ensure what in research?

Ethical protection and consent

Section 7 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Protection from abuse, violence and exploitation

Who shall take measures to protect persons with disabilities from abuse and violence?

Appropriate Government

Persons with disabilities must be protected from what forms of harm?

Abuse, violence and exploitation

The Government shall take cognizance of incidents of what against persons with disabilities?

Abuse, violence and exploitation

What must be provided against incidents of abuse or violence?

Legal remedies

The Government shall prescribe the procedure for what?

Reporting incidents of abuse, violence and exploitation

What steps must be taken for victims of abuse, violence or exploitation?

Rescue, protection and rehabilitation

The Government must create public awareness about what?

Protection of persons with disabilities

Who may give information about abuse or exploitation of a person with disability?

Any person or registered organisation

To whom can information about such abuse be given?

Executive Magistrate

The Executive Magistrate must act within whose jurisdiction?

Local jurisdiction where incident occurs

What must the Executive Magistrate do upon receiving information of abuse?

Take immediate steps to stop or prevent it

The Executive Magistrate may pass orders for whose protection?

Person with disability

Who may be authorised to rescue the victim?

Police or organisation working for persons with disabilities

The rescued person with disability may be kept in what?

Safe custody or rehabilitation

Protective custody may be provided to the person with disability if what?

If the person so desires

The Executive Magistrate may order what financial support to the victim?

Maintenance

What must a police officer do when receiving a complaint of abuse against a disabled person?

Inform the aggrieved person of their rights

The police must inform the victim about the right to apply for protection before whom?

Executive Magistrate

The police must provide details of what organisations?

Organisations for rehabilitation of persons with disabilities

The police must inform the victim about the right to what legal assistance?

Free legal aid

The victim has the right to file a complaint under which laws?

This Act or any other applicable law

Does Section 7 relieve police from acting on cognizable offences?

No

If the act constitutes an offence under IPC, where may the complaint be forwarded?

Judicial or Metropolitan Magistrate

Who may forward the complaint to the Judicial or Metropolitan Magistrate?

Executive Magistrate

The Executive Magistrate may act if the behaviour constitutes an offence under which law?

IPC or any other law in force

Section 7 emphasizes protection, rescue and what of victims?

Rehabilitation

Awareness regarding protection of persons with disabilities must be created among whom?

Public

Information about abuse may be given even if the act is what?

Likely to be committed

Section 7 aims to ensure safety and protection of whom?

Persons with disabilities

Section 8 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Protection and safety

Persons with disabilities are entitled to what kind of protection in situations of risk?

Equal protection and safety

In which situations must persons with disabilities be protected?

Risk, armed conflict, humanitarian emergencies and natural disasters

Who must ensure inclusion of persons with disabilities in disaster management activities?

National Disaster Management Authority and State Disaster Management Authority

Disaster management activities under Section 8 are defined under which Act?

Disaster Management Act, 2005

Which section of the Disaster Management Act defines disaster management activities referred to in Section 8?

Section 2(e)

Which authority must maintain records of persons with disabilities in a district?

District Disaster Management Authority

The District Disaster Management Authority is constituted under which section of the Disaster Management Act, 2005?

Section 25

Why must the District Disaster Management Authority maintain records of persons with disabilities?

To enhance disaster preparedness

The District Disaster Management Authority must inform persons with disabilities about what?

Situations of risk

Which authorities must take measures for safety and protection of persons with disabilities during disasters?

NDMA and SDMA

Persons with disabilities must be included in what government activities related to disasters?

Disaster management activities

Reconstruction activities after disasters must follow what requirements?

Accessibility requirements

Reconstruction authorities must consult whom while undertaking reconstruction activities?

Concerned State Commissioner

Accessibility requirements in reconstruction are meant for whom?

Persons with disabilities

Section 8 ensures safety of persons with disabilities during what events?

Armed conflict and natural disasters

Which authority informs persons with disabilities about risk situations in a district?

District Disaster Management Authority

Disaster preparedness for persons with disabilities requires maintaining what?

Records of persons with disabilities

Reconstruction activities must be undertaken according to what principle?

Accessibility

Section 8 ensures safety and protection of whom during disasters?

Persons with disabilities

Section 9 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Home and family

Can a child with disability be separated from parents on the ground of disability?

No

Separation of a child with disability from parents can occur only by whose order?

Competent court

Separation from parents must be in whose best interest?

The child

On what ground alone can a child with disability not be separated from parents?

Disability

Who decides the separation of a child with disability from parents?

Competent court

If parents cannot take care of a child with disability, who decides the placement of the child?

Competent court

Where should a child with disability be placed first if parents cannot care for them?

Near relations

If near relations are not available, where should the child be placed?

Within the community in a family setting

In exceptional cases, where may a child with disability be placed?

Shelter home

Shelter homes for such children may be run by whom?

Appropriate Government or NGO

What type of environment is preferred for a child with disability if parents cannot care for them?

Family setting

Which authority ensures proper placement of a child with disability when parents cannot care?

Competent court

Placement within the community must ensure what kind of environment?

Family environment

Shelter homes are considered placement in what type of situations?

Exceptional cases

Section 9 protects the right of a child with disability to what?

Family life

The best interest principle applies to whom under Section 9?

Child with disability

NGOs may run shelter homes for whom?

Children with disabilities

The competent court ensures care and protection of whom?

Child with disability

Section 9 aims to ensure care of children with disabilities within what system?

Family or community system

Section 10 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Reproductive rights

Who shall ensure access to information on reproductive and family planning for persons with disabilities?

Appropriate Government

Persons with disabilities must have access to what type of information regarding reproduction?

Appropriate information

Information provided to persons with disabilities must relate to what subjects?

Reproductive and family planning

Access to reproductive information must be ensured for whom?

Persons with disabilities

Can a person with disability be subjected to a medical procedure causing infertility without consent?

No

What type of consent is required before a medical procedure leading to infertility?

Free and informed consent

Who must give consent for a medical procedure leading to infertility?

Person with disability

Section 10 protects the reproductive rights of whom?

Persons with disabilities

Medical procedures causing infertility without consent violate which section?

Section 10

What type of rights are ensured under Section 10?

Reproductive rights

The Government must ensure access to information about what type of planning?

Family planning

Consent required under Section 10 must be what kind?

Free and informed

Section 10 prevents forced what medical outcome for persons with disabilities?

Infertility

The purpose of Section 10 is to protect the reproductive autonomy of whom?

Persons with disabilities

Section 11 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Accessibility in voting

Who must ensure accessibility of polling stations for persons with disabilities?

Election Commission of India and State Election Commissions

Polling stations must be accessible to whom?

Persons with disabilities

Which authorities are responsible for ensuring accessible voting facilities?

Election Commission of India and State Election Commissions

What must be ensured at all polling stations under Section 11?

Accessibility

Electoral materials must be easily understandable by whom?

Persons with disabilities

Materials related to the electoral process must be what for persons with disabilities?

Accessible

Section 11 ensures participation of persons with disabilities in what process?

Electoral process

Voting accessibility must be ensured by which constitutional body at the national level?

Election Commission of India

Voting accessibility at the state level must be ensured by whom?

State Election Commissions

What type of materials must be accessible for disabled voters?

Electoral process materials

Section 11 promotes equal participation of persons with disabilities in what?

Voting

Accessibility in polling stations ensures what right of persons with disabilities?

Right to vote

Electoral information must be designed to be easily understandable for whom?

Persons with disabilities

The objective of Section 11 is to ensure inclusive participation of whom in elections?

Persons with disabilities

Section 12 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Access to justice

Who shall ensure that persons with disabilities can access courts and tribunals?

Appropriate Government

Persons with disabilities must be able to access judicial bodies without what?

Discrimination on the basis of disability

Which bodies must be accessible to persons with disabilities under Section 12?

Court, tribunal, authority, commission or other judicial bodies

The right to access justice includes access to bodies having what powers?

Judicial, quasi-judicial or investigative powers

The Government must provide what measures to help persons with disabilities exercise legal rights?

Suitable support measures

Special support must be provided particularly to whom?

Persons with disabilities living outside family or requiring high support

Which authority must ensure legal services access for persons with disabilities at the national level?

National Legal Services Authority

Which authorities must ensure access to legal schemes at the state level?

State Legal Services Authorities

NALSA and SALSA are constituted under which Act?

Legal Services Authorities Act, 1987

Legal service authorities must provide what to ensure equal access for disabled persons?

Reasonable accommodation

Persons with disabilities must have equal access to what offered by legal service authorities?

Schemes, programmes, facilities and services

Public documents must be available in what formats?

Accessible formats

Filing departments and registries must be equipped for what purpose?

Handling documents in accessible formats

Offices of records must have equipment for filing, storing and referring to what?

Documents and evidence in accessible formats

The Government must provide facilities for recording what from persons with disabilities?

Testimonies, arguments or opinions

Testimonies of persons with disabilities must be recorded in what manner?

Preferred language and means of communication

Accessibility of justice includes accessible what in courts and offices?

Documents and records

Section 12 promotes equal legal participation of whom?

Persons with disabilities

The objective of Section 12 is to ensure equal what for persons with disabilities?

Access to justice

Section 13 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Legal capacity

Who shall ensure that persons with disabilities can own or inherit property?

Appropriate Government

Persons with disabilities have the right to own or inherit what type of property?

Movable or immovable property

Persons with disabilities have the right to control what affairs?

Financial affairs

Persons with disabilities must have access to what financial facilities?

Bank loans, mortgages and financial credit

Legal capacity of persons with disabilities must be ensured on what basis?

Equal basis with others

Persons with disabilities must have legal capacity in which areas of life?

All aspects of life

Persons with disabilities have the right to equal recognition before what?

Law

When must a supporting person abstain from providing support?

When there is a conflict of interest

Conflict of interest may arise in what type of transactions?

Financial, property or economic transactions

Does relationship by blood automatically create conflict of interest?

No

Relationship by blood, affinity or adoption creates what presumption regarding conflict?

No presumption of conflict

Can a person with disability change a support arrangement?

Yes

A person with disability may alter, modify or dismantle what?

Support arrangement

Changes in support arrangement will operate in what manner?

Prospectively

Alteration of support arrangement affects what type of past transactions?

It does not nullify third-party transactions

A supporting person must not exercise what over a person with disability?

Undue influence

Supporting persons must respect what values of persons with disabilities?

Autonomy, dignity and privacy

Section 13 ensures financial and legal independence of whom?

Persons with disabilities

The purpose of Section 13 is to ensure equal legal recognition and what rights?

Property and financial rights

Section 14 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Provision for guardianship

Who may be provided a limited guardian under Section 14?

A person with disability unable to take legally binding decisions despite adequate support

Which authority decides on granting limited guardianship?

District Court or designated authority notified by the State Government

Limited guardianship operates in consultation with whom?

Person with disability

Who prescribes the manner of limited guardianship?

State Government

What type of support may be granted repeatedly if required?

Total or limited support

Decisions regarding repeated limited guardianship are reviewed by whom?

Court or designated authority

“Limited guardianship” means what type of decision-making system?

Joint decision based on mutual understanding and trust

Limited guardianship is restricted to what?

Specific period, specific decisions, and specific situations

Limited guardianship must operate in accordance with whose will?

Person with disability

Guardians appointed under any previous law are deemed to function as what?

Limited guardian

A person with disability aggrieved by a guardianship decision may do what?

Prefer an appeal

Appeals against guardianship decisions are made to whom?

Appellate authority notified by the State Government

Section 14 applies notwithstanding what?

Any other law for the time being in force

The objective of limited guardianship is to support but respect what?

Autonomy of the person with disability

Limited guardianship ensures joint decisions based on what values?

Mutual understanding and trust

Total support may be granted to whom?

Persons requiring extensive support

The review of support ensures determination of what?

Nature and manner of support

Section 14 protects persons with disabilities who cannot take legally binding decisions by providing what?

Limited or total guardianship

Guardianship under Section 14 balances support with what?

Will and autonomy of the person with disability

Section 15 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Designation of authorities to support

Who shall designate authorities to support persons with disabilities?

Appropriate Government

The designated authorities are responsible for what in the community?

Mobilising the community and creating social awareness

The support provided by authorities helps persons with disabilities exercise what?

Legal capacity

Authorities designated under Section 15 must set up what for persons with disabilities?

Suitable support arrangements

Support arrangements are especially for whom?

Persons living in institutions and those with high support needs

Authorities may take any other measures as required to support whom?

Persons with disabilities

Section 15 ensures what type of support for exercising legal rights?

Institutional and high-support arrangements

Community mobilization by authorities aims to create what?

Social awareness about disability support

The ultimate goal of designated authorities is to enable what?

Persons with disabilities to exercise legal capacity

 

CHAPTER III

EDUCATION

Section 16 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Duty of educational institutions

Who shall ensure inclusive education in educational institutions?

Appropriate Government and local authorities

Inclusive education must be provided to whom?

Children with disabilities

Children with disabilities must be admitted on what basis?

Without discrimination

Children with disabilities must have equal access to what activities?

Education, sports and recreation

Educational buildings and campuses must be what?

Accessible

Schools must provide what type of accommodation to children with disabilities?

Reasonable accommodation

Support must be provided in what manner for academic and social development?

Individualised or otherwise

Education for blind or deaf children must be imparted in what?

Most appropriate languages, modes and means of communication

What must be detected at the earliest in children?

Specific learning disabilities

Schools must take suitable measures to overcome what?

Specific learning disabilities

What must be monitored for every student with disability?

Participation, progress, attainment and completion of education

Transportation must be provided to whom?

Children with disabilities and their attendants with high support needs

Section 16 ensures what type of education?

Full inclusion in education

Reasonable accommodation is provided according to what?

Individual requirements

Inclusive education promotes what type of development?

Academic and social development

Schools must ensure education for children with disabilities in accordance with what goal?

Full inclusion

Educational institutions must provide opportunities for children with disabilities equal to whom?

Other children

Monitoring progress ensures what for children with disabilities?

Completion and attainment of education

Section 16 aims to make educational institutions what for children with disabilities?

Accessible, inclusive and supportive

Section 17 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Specific measures to promote and facilitate inclusive education

Who shall take measures to promote inclusive education?

Appropriate Government and local authorities

How often must a survey of school-going children be conducted?

Every five years

The first survey of children with disabilities must be conducted within what period?

Two years from commencement of the Act

What is the purpose of the survey?

Identify children with disabilities and ascertain their special needs

What type of institutions must be established to support inclusive education?

Teacher training institutions

Teachers trained in what must be employed for inclusive education?

Sign language, Braille, and teaching children with intellectual disability

Can teachers with disabilities be employed under Section 17?

Yes

Who must be trained to support inclusive education at all school levels?

Professionals and staff

What type of centres must be established to support educational institutions?

Resource centres

What modes of communication should be promoted for students with speech or communication disabilities?

Augmentative and alternative modes, Braille, and sign language

Books, learning materials, and assistive devices must be provided to whom?

Students with benchmark disabilities

Up to what age must learning materials and assistive devices be provided free of cost?

18 years

What financial support may be provided to students with benchmark disabilities?

Scholarships

Curriculum and examination modifications may include what?

Extra time, scribe, exemption from languages, and other adjustments

Section 17 promotes research for what purpose?

To improve learning

All measures under Section 17 aim to facilitate what type of education?

Inclusive education

Modifications in curriculum and exams are made to meet the needs of whom?

Students with disabilities

Assistive devices and materials help students participate in what?

Community and society

Section 17 allows any other measures as may be required to ensure what?

Effective inclusive education

Section 18 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Adult education

Who shall take measures to promote adult education for persons with disabilities?

Appropriate Government and local authorities

Adult education programs must ensure participation of whom?

Persons with disabilities

Participation of persons with disabilities in adult education must be on what basis?

Equal basis with others

Section 18 includes which type of education for persons with disabilities?

Adult and continuing education

What is the main objective of Section 18?

Promote, protect, and ensure participation in adult education

Measures under Section 18 aim to ensure equality in what?

Access to adult education programs

Local authorities are responsible for promoting what type of education?

Adult education for persons with disabilities

Adult education includes what kind of continuing programs?

Continuing education programs for lifelong learning

Section 18 supports social inclusion through what?

Equal participation in adult education

 

CHAPTER IV

SKILL DEVELOPMENT AND EMPLOYMENT

Section 19 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Vocational training and self-employment

Who shall formulate schemes to support employment of persons with disabilities?

Appropriate Government

Schemes under Section 19 include provision of what financial support?

Loans at concessional rates

Schemes aim to facilitate what for persons with disabilities?

Vocational training and self-employment

Persons with disabilities must be included in what type of training schemes?

Mainstream formal and non-formal vocational and skill training

What must be ensured for persons with disabilities to avail training?

Adequate support and facilities

Who may have exclusive skill training programs under Section 19?

Persons with developmental, intellectual, multiple disabilities and autism

Exclusive skill training programs must have what?

Active links with the market

Section 19 promotes employment through which type of financial support?

Microcredit and concessional loans

What type of products may be marketed under the schemes?

Products made by persons with disabilities

What kind of data must be maintained under Section 19?

Disaggregated data on skill training and self-employment progress

Section 19 ensures equal participation of persons with disabilities in what?

Vocational and self-employment programs

Financial schemes aim to support which aspect of persons with disabilities?

Economic empowerment

Concessional loans are intended for what purpose?

To facilitate skill training and self-employment

The ultimate goal of Section 19 is to promote what?

Vocational skills, employment, and economic independence of persons with disabilities

Section 20 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Non-discrimination in employment

Can a Government establishment discriminate against a person with disability in employment?

No

Can the appropriate Government exempt any establishment from Section 20?

Yes, by notification and subject to conditions

What must every Government establishment provide to employees with disabilities?

Reasonable accommodation and barrier-free, conducive environment

Can promotion be denied to a person solely on the ground of disability?

No

Can a Government establishment reduce in rank or dismiss an employee who acquires a disability during service?

No

If an employee becomes unsuitable for the post after acquiring a disability, what should be done?

Shift to another post with same pay and service benefits

If no suitable post is available for a disabled employee, what happens?

Employee may be kept on a supernumerary post until suitable post is available or superannuation

Who may frame policies for posting and transfer of employees with disabilities?

Appropriate Government

Section 20 ensures what kind of work environment for employees with disabilities?

Barrier-free, supportive, and equitable environment

Government establishments must accommodate employees with disabilities in what way?

Reasonable accommodation

Can a disability acquired during service affect salary or service benefits?

No

Section 20 protects employees with disabilities from what?

Discrimination, denial of promotion, dismissal or reduction in rank

Posting and transfer policies for employees with disabilities are framed by whom?

Appropriate Government

The purpose of Section 20 is to ensure what for employees with disabilities?

Equal employment opportunities and protection from discrimination

Section 21 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Equal opportunity policy

What must every establishment notify under Section 21?

Equal opportunity policy

What should the equal opportunity policy detail?

Measures proposed to be taken under this Chapter

Who prescribes the manner of notifying the equal opportunity policy?

Central Government

Where must a copy of the equal opportunity policy be registered?

With the Chief Commissioner or State Commissioner

Does Section 21 apply to all establishments?

Yes

What is the purpose of Section 21?

To ensure equal opportunity for persons with disabilities in establishments

Registration of the equal opportunity policy ensures oversight by whom?

Chief Commissioner or State Commissioner

Equal opportunity policies must comply with provisions of which Chapter?

Chapter on employment and equal opportunity for persons with disabilities

Section 21 ensures establishments take what type of measures?

Proactive measures for inclusion and equality

Section 22 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Maintenance of records

What must every establishment maintain under Section 22?

Records of persons with disabilities relating to employment, facilities, and other necessary information

How must records be maintained?

In the form and manner prescribed by the Central Government

What must every employment exchange maintain?

Records of persons with disabilities seeking employment

Who can inspect records maintained under Section 22?

Persons authorized on behalf of the appropriate Government

When can records be inspected?

At all reasonable hours

Section 22 ensures proper documentation of what?

Employment and facilities provided to persons with disabilities

Maintenance of records promotes what in establishments?

Transparency and compliance with disability provisions

Records include information about what?

Employment, facilities provided, and other necessary information

The objective of Section 22 is to ensure what?

Proper record-keeping and accountability for inclusion of persons with disabilities

Section 23 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Appointment of Grievance Redressal Officer

Who must appoint a Grievance Redressal Officer?

Every Government establishment

Appointment of Grievance Redressal Officer must be informed to whom?

Chief Commissioner or State Commissioner

For which section is the Grievance Redressal Officer appointed?

Section 19 (Vocational training and self-employment)

Who can file a complaint with the Grievance Redressal Officer?

Any person aggrieved by non-compliance of Section 20

What is the role of the Grievance Redressal Officer?

Investigate complaints and take corrective action with the establishment

What must the Grievance Redressal Officer maintain?

A register of complaints

In what manner must the register of complaints be maintained?

As prescribed by the Central Government

Within what time must a complaint be inquired?

Within two weeks of registration

If not satisfied with the action, whom may the aggrieved person approach?

District-Level Committee on disability

Section 23 ensures accountability in which matters?

Employment and grievance redressal for persons with disabilities

Complaints related to non-compliance of employment provisions fall under which officer’s purview?

Grievance Redressal Officer

The Grievance Redressal Officer acts as a link between whom?

Aggrieved person and the establishment

Registration of complaints ensures what?

Proper record-keeping and timely inquiry

Section 23 strengthens what aspect of rights of persons with disabilities?

Enforcement of employment and inclusion rights

 

CHAPTER V

SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION

Section 24 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Social security

Who shall formulate social security schemes for persons with disabilities?

Appropriate Government

Schemes under Section 24 aim to safeguard what?

Adequate standard of living for persons with disabilities

Social security schemes aim to enable persons with disabilities to live where?

Independently or in the community

Quantum of assistance under these schemes must be how much higher than similar schemes for others?

At least 25% higher

While devising schemes, what factors must the Government consider?

Diversity of disability, gender, age, and socio-economic status

Schemes must provide community centres with what facilities?

Safety, sanitation, health care, and counselling

Support must be provided to persons with disabilities who are what?

Without family, abandoned, homeless, or without livelihood

Section 24 provides support during which situations?

Natural or man-made disasters and areas of conflict

Women with disabilities must be supported for what?

Livelihood and upbringing of their children

What type of access must be ensured in urban slums and rural areas?

Safe drinking water and accessible sanitation facilities

What must be provided free of cost to persons with disabilities under the schemes?

Aids, appliances, medicines, diagnostic services, and corrective surgery

Who is eligible for disability pension under Section 24?

Persons with disabilities subject to notified income ceiling

Who can receive unemployment allowance?

Persons with disabilities registered with Special Employment Exchange for over two years and not placed in gainful employment

Care-giver allowance is for whom?

Persons with disabilities with high support needs

Comprehensive insurance schemes under Section 24 are for whom?

Persons with disabilities not covered under ESI or other statutory/government schemes

Section 24 ensures social security measures are inclusive of what?

All persons with disabilities, considering age, gender, disability type, and socio-economic status

What is the main objective of Section 24?

Promote independent living and adequate standard of living for persons with disabilities

Can the Appropriate Government include other measures under Section 24?

Yes, any other matter it thinks fit

Section 24 strengthens which rights of persons with disabilities?

Right to social security, livelihood, health, and community support

Section 25 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Healthcare

Who shall take necessary measures for healthcare of persons with disabilities?

Appropriate Government and local authorities

What type of healthcare must be provided in rural areas?

Free healthcare, subject to family income as notified

Hospitals and healthcare centres must be what for persons with disabilities?

Barrier-free in all parts

Persons with disabilities must receive what in hospitals?

Priority in attendance and treatment

Section 25 includes measures to prevent what?

Occurrence of disabilities

What surveys and research must be undertaken under Section 25?

Surveys, investigations, and research on causes of disabilities

Measures under Section 25 promote what?

Prevention of disabilities and healthcare awareness

How often must children be screened for “at-risk” cases?

At least once a year

Staff at primary health centres must receive what?

Training facilities

Awareness campaigns must cover which topics?

General hygiene, health, and sanitation

Care must be provided during which maternal periods?

Pre-natal, perinatal, and post-natal care

Public education must be done through which channels?

Pre-schools, schools, PHCs, village workers, anganwadi workers

Mass awareness must use which media?

Television, radio, and other mass media

Healthcare must be provided during what situations?

Natural disasters and other situations of risk

What type of medical facilities must be ensured?

Essential life-saving emergency treatment and procedures

Section 25 includes what specialized healthcare?

Sexual and reproductive healthcare, especially for women with disability

Barrier-free access applies to which types of institutions?

Government and private hospitals and healthcare centres

Surveys and research aim to identify what?

Causes of disabilities and preventive measures

Section 25 ensures what rights for persons with disabilities?

Right to accessible, priority, preventive, and emergency healthcare

Section 26 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Insurance schemes

Who shall make insurance schemes for employees with disabilities?

Appropriate Government

How are the insurance schemes to be notified?

By notification

Section 26 applies to which group of people?

Employees with disabilities

What is the purpose of Section 26?

To provide insurance coverage for employees with disabilities

Can the insurance schemes include employees in both central and state governments?

Yes, as notified by the appropriate government

Section 26 ensures protection of what for employees with disabilities?

Financial and social security through insurance

Who decides the terms and coverage of insurance schemes?

Appropriate Government

Section 26 promotes what for employees with disabilities?

Inclusion and welfare at workplace

How is compliance with Section 26 ensured?

Through government notifications and implementation of schemes

Section 27 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Rehabilitation

Who shall undertake rehabilitation services for persons with disabilities?

Appropriate Government and local authorities

Rehabilitation services cover which areas?

Health, education, and employment

Rehabilitation programs depend on what?

Economic capacity and development of the government

Can financial assistance be provided to NGOs for rehabilitation?

Yes, by the appropriate Government and local authorities

Who must be consulted while formulating rehabilitation policies?

NGOs working for persons with disabilities

Section 27 ensures rehabilitation for whom?

All persons with disabilities

Rehabilitation policies aim to support what aspects of life?

Health, education, employment, and social inclusion

NGOs play what role in rehabilitation under Section 27?

Implementation and consultation for policies and programs

The ultimate goal of Section 27 is what?

Effective rehabilitation and inclusion of persons with disabilities

Section 28 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Research and development

Who shall initiate research and development for persons with disabilities?

Appropriate Government

Through whom can research and development be initiated?

Individuals and institutions

Research under Section 28 aims to enhance what?

Habilitation and rehabilitation of persons with disabilities

Section 28 also covers research on what?

Other issues necessary for empowerment of persons with disabilities

The ultimate goal of Section 28 is what?

Empowerment of persons with disabilities through R&D

Research and development under Section 28 can be undertaken in which sectors?

Health, education, employment, and social inclusion

Can private institutions participate in R&D for persons with disabilities?

Yes, as authorized by the government

Section 28 promotes innovation for what purpose?

Better habilitation, rehabilitation, and inclusion of persons with disabilities

Who benefits from the R&D initiatives under Section 28?

All persons with disabilities

Section 29 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Culture and recreation

Who shall promote and protect cultural and recreational rights of persons with disabilities?

Appropriate Government and local authorities

Persons with disabilities must participate in cultural and recreational activities on what basis?

Equally with others

What support is provided to artists and writers with disabilities?

Facilities, support, and sponsorships to pursue interests and talents

What type of museum is to be established under Section 29?

Disability history museum

What must be made accessible to persons with disabilities?

Art

What recreational facilities are promoted under Section 29?

Recreation centres and other associational activities

Participation in which activities must be facilitated?

Scouting, dancing, art classes, outdoor camps, and adventure activities

Courses in cultural and arts subjects must be redesigned for what purpose?

Enable participation and access for persons with disabilities

What technology and equipment must be developed?

Assistive devices and equipment for access and inclusion in recreational activities

How should television programs be made accessible for persons with hearing impairment?

With sign language interpretation or subtitles

Section 29 ensures promotion of which rights?

Right to cultural life and recreational participation

Measures under Section 29 aim to achieve what?

Inclusion and equal opportunities in cultural and recreational activities

Facilities for persons with disabilities in cultural fields include what?

Support for talent, accessibility, and sponsorships

Section 29 encourages development of what for recreation?

Technology, assistive devices, and inclusive equipment

Section 30 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Sporting activities

Who shall ensure participation of persons with disabilities in sports?

Appropriate Government

How should sports authorities recognize persons with disabilities?

By according due recognition to their right to participate in sports

What must sports authorities include in their schemes?

Provisions for inclusion of persons with disabilities and promotion of sporting talents

Courses and programmes in sports must be restructured for what?

Access, inclusion, and participation of persons with disabilities

What infrastructure modifications are required under Section 30?

Redesign and support of facilities for sporting activities for persons with disabilities

What role does technology play in Section 30?

Enhance potential, talent, capacity, and ability in sporting activities

What must be provided to ensure effective participation?

Multi-sensory essentials and features in all sporting activities

What type of funding is allocated under Section 30?

Development of state-of-the-art sport facilities for training persons with disabilities

What sporting events are promoted under Section 30?

Disability-specific sporting events

How are winners and participants of disability sporting events recognized?

Through awards and recognition

Section 30 ensures what type of sports participation?

Inclusive and equal participation for persons with disabilities

Measures under Section 30 include what?

Course restructuring, infrastructure support, technology development, funding, and event promotion

Who benefits from multi-sensory sporting features?

All persons with disabilities

The ultimate aim of Section 30 is what?

Promote, develop, and ensure effective participation in sports for persons with disabilities

 

CHAPTER VI

SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITES

Section 31 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Free education for children with benchmark disabilities

Which children are entitled to free education under Section 31?

Children with benchmark disabilities between 6 to 18 years

Where can children with benchmark disabilities receive free education?

In a neighbourhood school or special school of their choice

Does Section 31 override any other law?

Yes, the Rights of Children to Free and Compulsory Education Act, 2009

Who ensures access to free education for children with benchmark disabilities?

Appropriate Government and local authorities

Up to what age must free education be provided?

Till the child attains 18 years

What kind of environment must be provided for education?

Appropriate and accessible environment

Section 31 promotes what for children with benchmark disabilities?

Equal opportunity and inclusive education

Can a child choose between a neighbourhood school and a special school?

Yes

What is the main objective of Section 31?

Ensure free, accessible, and inclusive education for children with benchmark disabilities

Section 32 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Reservation in higher educational institutions

What percentage of seats must be reserved for persons with benchmark disabilities?

Not less than 5%

Which institutions are covered under Section 32?

All Government higher education institutions and aided higher education institutions

Is there any age relaxation for admission for persons with benchmark disabilities?

Yes, an upper age relaxation of five years

Who benefits from the reservation and age relaxation under Section 32?

Persons with benchmark disabilities

Section 32 promotes what for persons with benchmark disabilities?

Equal access to higher education

Does the reservation apply to private institutions without government aid?

No, only government and aided institutions

How does Section 32 ensure inclusivity in higher education?

By reserving seats and providing age relaxation for benchmark disabilities

Reservation under Section 32 is applicable in which courses?

All courses in higher education institutions receiving government aid

What is the main objective of Section 32?

Facilitate access and inclusion of persons with benchmark disabilities in higher education

Section 33 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Identification of posts for reservation

Who identifies posts for persons with benchmark disabilities?

Appropriate Government

What is the purpose of identifying posts?

To match posts with the vacancies reserved under Section 34

Who is included in the expert committee for identifying posts?

Representatives of persons with benchmark disabilities

How often must the identified posts be reviewed?

At an interval not exceeding three years

Section 33 ensures what in employment?

Effective reservation and proper placement of persons with benchmark disabilities

Is the identification of posts linked to reserved vacancies?

Yes, in accordance with Section 34

What is the role of the expert committee?

To assist in identification of suitable posts for benchmark disabilities

Periodic review of posts ensures what?

That reservation remains relevant and effective

The main objective of Section 33 is what?

Proper identification and periodic review of posts for reservation for persons with benchmark disabilities

Section 34 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Reservation in government establishments

What percentage of vacancies is reserved for persons with benchmark disabilities?

Not less than 4% of total vacancies

How is the 4% reservation divided among disability categories?

1% each for: (a) blindness/low vision, (b) deaf/hard of hearing, (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims, muscular dystrophy; 1% for (d) autism, intellectual disability, specific learning disability, mental illness; and 1% for (e) multiple disabilities including deaf-blindness

Does Section 34 cover promotion reservations?

Yes, as per government instructions

Can any government establishment be exempted from this reservation?

Yes, in consultation with Chief or State Commissioner, by notification, with conditions

What happens if a suitable person with disability is not available in a recruitment year?

Vacancy is carried forward to the next year; may be interchanged among categories; if still unavailable, filled by a person without disability

Can vacancies be interchanged among disability categories?

Yes, with prior approval of the appropriate Government

Can the government relax the upper age limit for employment of persons with benchmark disabilities?

Yes, by notification

Section 34 ensures what in employment?

Equal opportunity and representation of persons with benchmark disabilities in government jobs

What is the main objective of Section 34?

Effective reservation and inclusive employment for persons with benchmark disabilities

Section 35 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Incentives to employers in private sector

Who provides incentives to private sector employers?

Appropriate Government and local authorities

What is the purpose of providing incentives under Section 35?

To ensure at least 5% of workforce comprises persons with benchmark disabilities

Are incentives limited by any factor?

Yes, within the economic capacity and development of the government

Which sector benefits from Section 35 incentives?

Private sector employers

Section 35 promotes what for persons with benchmark disabilities?

Employment and workforce inclusion

Is there a specific target percentage of employees with benchmark disabilities in private sector?

Yes, minimum 5% of the workforce

What is the role of local authorities in Section 35?

To assist in providing incentives and promoting workforce inclusion

Section 35 ensures what type of participation in employment?

Equal opportunity and active participation in private sector

What is the main objective of Section 35?

Encourage private employers to hire and support persons with benchmark disabilities

Section 36 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Special employment exchange

Who may notify the requirement for furnishing information about vacancies?

Appropriate Government

What type of vacancies must employers report?

Vacancies appointed for persons with benchmark disabilities

To whom must the vacancy information be furnished?

Special employment exchange notified by the Central Government

When must employers provide information about vacancies?

From such date as notified by the government

Which establishments are required to comply?

Every establishment as per notification

What type of information is to be furnished?

Information or returns prescribed by the Central Government regarding vacancies for persons with benchmark disabilities

What is the purpose of Section 36?

Facilitate employment of persons with benchmark disabilities through special employment exchanges

Is compliance with the notification mandatory for employers?

Yes, establishments shall comply with the requisition

Section 36 promotes what in employment?

Effective notification and placement of persons with benchmark disabilities

Section 37 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Special schemes and development programmes

Who makes schemes for persons with benchmark disabilities?

Appropriate Government and local authorities

What percentage of reservation is provided in agricultural land and housing schemes?

5%

Who is given priority in allotment under these schemes?

Women with benchmark disabilities

Is there a reservation in poverty alleviation and developmental schemes?

Yes, 5% with priority to women with benchmark disabilities

Can land be allotted on concessional rates under Section 37?

Yes, for housing, business, enterprise, recreation, or production centres

Section 37 ensures inclusion in which sectors?

Land, housing, poverty alleviation, business, and development programmes

What is the aim of Section 37?

Empowerment and development of persons with benchmark disabilities

Are the schemes notified formally?

Yes, by notification of the appropriate Government or local authorities

Section 37 promotes what for persons with benchmark disabilities?

Equal opportunity, access to resources, and social and economic inclusion

 

CHAPTER VII

SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS

Section 38 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Special provisions for persons with benchmark disabilities requiring high support

Who can apply for high support?

Any person with benchmark disability or any person/organisation on their behalf

To whom is the application for high support submitted?

Authority notified by the appropriate Government

What happens after the authority receives an application?

It is referred to an Assessment Board prescribed by the Central Government

What is the role of the Assessment Board?

Assess the need and nature of high support required by the person with disability

How does the Assessment Board communicate its findings?

Sends a report to the authority certifying the need and nature of high support

What does the authority do after receiving the Assessment Board’s report?

Takes steps to provide support as per the report and relevant government schemes/orders

Section 38 ensures what type of assistance?

High support tailored to individual needs of persons with benchmark disabilities

Is the process for assessment standardized?

Yes, as prescribed by the Central Government

What is the ultimate goal of Section 38?

Provide necessary high support to ensure inclusion, independence, and well-being of persons with benchmark disabilities

 

CHAPTER VIII

DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS

Section 39 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Awareness campaigns and sensitisation programmes

Who conducts and promotes awareness campaigns under Section 39?

Appropriate Government in consultation with the Chief or State Commissioner

What is the main purpose of these campaigns?

Ensure protection of rights of persons with disabilities

Which values are promoted in awareness programmes?

Inclusion, tolerance, empathy, and respect for diversity

How are persons with disabilities recognized in these campaigns?

Their skills, merits, abilities, and contributions to workforce and professional fields are acknowledged

What aspect of family life is covered in sensitisation programmes?

Respect for decisions made by persons with disabilities regarding family, relationships, and raising children

At what levels is orientation and sensitisation provided?

Schools, colleges, universities, and professional training institutes

Who else is oriented under these programmes?

Employers, administrators, and co-workers

Are the rights of persons with disabilities included in education curricula?

Yes, in schools, colleges, and universities

What is the ultimate aim of Section 39?

Promote awareness, inclusion, respect, and protection of rights of persons with disabilities

Section 40 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Accessibility standards for persons with disabilities

Who formulates rules for accessibility under Section 40?

Central Government in consultation with the Chief Commissioner

What areas do the accessibility standards cover?

Physical environment, transportation, information and communication, and other public facilities and services

Are appropriate technologies included in accessibility standards?

Yes, including appropriate technologies and systems

Do the standards apply to urban areas, rural areas, or both?

Both urban and rural areas

What is the purpose of Section 40?

Ensure accessibility and inclusion for persons with disabilities

Does Section 40 cover public facilities and services?

Yes, all facilities and services provided to the public

Who is consulted in formulating the rules?

Chief Commissioner of Persons with Disabilities

Section 40 promotes what principle for persons with disabilities?

Equal access and barrier-free participation in society

What is the ultimate goal of Section 40?

Create an accessible environment in all aspects of public life for persons with disabilities

Section 41 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Access to transport for persons with disabilities

Who is responsible for providing accessible transport facilities?

Appropriate Government

What facilities must be provided at bus stops, railway stations, and airports?

Accessible parking, toilets, ticketing counters, and ticketing machines

Are all modes of transport required to be accessible?

Yes, including retrofitting old transport modes where feasible, safe, and economically viable

What type of roads are required under Section 41?

Accessible roads to address mobility needs of persons with disabilities

Does Section 41 include schemes for personal mobility?

Yes, including incentives, concessions, retrofitting vehicles, and personal mobility assistance

Are retrofitting and accessibility required only for new transport modes?

No, retrofitting of old transport is also required wherever feasible

What is the purpose of Section 41?

Ensure safe, affordable, and accessible transportation for persons with disabilities

Does Section 41 cover cost-related aspects?

Yes, promoting personal mobility at an affordable cost

What is the ultimate goal of Section 41?

Facilitate independent and barrier-free mobility for persons with disabilities

Section 42 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Access to information and communication technology for persons with disabilities

Who ensures accessibility in ICT under Section 42?

Appropriate Government

How should contents in audio, print, and electronic media be provided?

In accessible formats

What accessibility features must be provided in electronic media?

Audio description, sign language interpretation, and closed captioning

How should electronic goods and equipment for everyday use be designed?

In universal design

Does Section 42 cover both content and devices?

Yes, accessible content and universally designed electronic devices

What is the purpose of Section 42?

Ensure equal access to information and communication technology for persons with disabilities

Are digital media and traditional media both included?

Yes, audio, print, and electronic media

Section 42 promotes what principle for persons with disabilities?

Inclusion, accessibility, and barrier-free access to information

What is the ultimate goal of Section 42?

Enable independent access to information, communication, and technology for persons with disabilities

Section 43 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Consumer goods for persons with disabilities

Who promotes universally designed consumer products?

Appropriate Government

What aspects of consumer products are covered under Section 43?

Development, production, and distribution

For whom are these universally designed consumer products intended?

Persons with disabilities

Are accessories for general use included in Section 43?

Yes, accessories for general use are included

What is the purpose of Section 43?

Facilitate accessibility and usability of consumer products for persons with disabilities

Does Section 43 cover only specialized products?

No, general-use products and accessories are included

Section 43 promotes what principle in product design?

Universal design for accessibility

Who benefits from the measures under Section 43?

Persons with disabilities in general public use

What is the ultimate goal of Section 43?

Ensure accessible, usable, and inclusive consumer goods for persons with disabilities

Section 44 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Mandatory observance of accessibility norms in buildings

Can a building be granted permission if it does not follow accessibility rules?

No, building plans must adhere to rules under Section 40

Who formulates the accessibility rules for buildings?

Central Government

Can a building receive a completion certificate if accessibility norms are not followed?

No

Can an establishment occupy a building without following accessibility rules?

No

What is the purpose of Section 44?

Ensure all buildings comply with accessibility standards for persons with disabilities

Does Section 44 apply to new constructions or renovations?

Applies to any structure requiring permission or completion certificate

Which Section lays down the accessibility standards referenced in Section 44?

Section 40

Section 44 promotes what principle?

Barrier-free and accessible built environment

What is the ultimate goal of Section 44?

Ensure safe, inclusive, and accessible infrastructure for persons with disabilities

Section 45 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Time limit and action for making existing infrastructure accessible

Within what period must existing public buildings be made accessible?

Within five years from the date of notification of accessibility rules

Who can grant an extension of time for making buildings accessible?

Central Government, on a case-to-case basis

What factors are considered for granting extension of time?

State preparedness and other related parameters

What must the appropriate Government and local authorities formulate?

An action plan prioritising accessibility in buildings and spaces providing essential services

Which essential service buildings are specifically mentioned?

Primary health centres, civil hospitals, schools, railway stations, and bus stops

What is the purpose of the action plan under Section 45?

Ensure gradual and systematic accessibility of existing infrastructure

Does Section 45 apply to private buildings?

No, it applies to public buildings

Section 45 promotes what principle?

Barrier-free access in essential public infrastructure

What is the ultimate goal of Section 45?

Ensure all existing public infrastructure is accessible to persons with disabilities within a set timeframe

Section 46 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Time limit for service providers to make services accessible

Who must provide services in accordance with accessibility rules?

All service providers, Government or private

Which rules must service providers follow for accessibility?

Rules formulated under Section 40 by the Central Government

Within what period must services be made accessible?

Within two years from the date of notification of the rules

Can the time limit be extended?

Yes, by the Central Government in consultation with the Chief Commissioner

For what can the extension of time be granted?

For certain categories of services in accordance with the rules

What is the purpose of Section 46?

Ensure timely accessibility of services for persons with disabilities

Does Section 46 apply to private sector services?

Yes, it applies to both Government and private services

Section 46 promotes what principle?

Barrier-free and inclusive access to services

What is the ultimate goal of Section 46?

Ensure all service providers comply with accessibility standards within the prescribed timeframe

Section 47 of the Rights of Persons with Disabilities Act, 2016 deals with what?

Human resource development for implementing the Act

Which body’s powers are not affected by Section 47?

Rehabilitation Council of India under the Rehabilitation Council of India Act, 1992

What training is mandated for Panchayati Raj members, legislators, administrators, police officials, judges, and lawyers?

Training on disability rights

How is disability included in education courses?

As a component in courses for teachers, doctors, nurses, para-medical personnel, social welfare officers, engineers, architects, and community workers

What capacity-building programmes are initiated?

Training in independent living, community relationships, care giving, and support

Is there training for persons with disabilities themselves?

Yes, independence training to build community relationships based on mutual contribution and respect

Are sports teachers included in Section 47?

Yes, training programs focus on sports, games, and adventure activities for inclusive participation

What role do universities have under Section 47?

Promote teaching and research in disability studies, including establishing study centres

How often must the appropriate Government undertake need-based HR analysis?

Every five years, to plan recruitment, induction, sensitisation, orientation, and training of personnel

What is the ultimate goal of Section 47?

Develop skilled and sensitised human resources to effectively implement the Rights of Persons with Disabilities Act

What is the focus of Section 48 of the Rights of Persons with Disabilities Act, 2016?

Social audit of schemes and programmes involving persons with disabilities

Who undertakes the social audit under Section 48?

The appropriate Government

What is the purpose of the social audit?

To ensure schemes and programmes do not adversely affect persons with disabilities

What does the social audit assess?

Whether schemes meet the requirements and concerns of persons with disabilities

Does Section 48 apply to all schemes?

Yes, all general schemes and programmes involving persons with disabilities

Section 48 promotes which principle?

Accountability and inclusivity in programmes affecting persons with disabilities

What is the ultimate goal of Section 48?

Ensure that government schemes and programmes are beneficial and inclusive for persons with disabilities

Can the social audit influence programme implementation?

Yes, it identifies adverse impacts and suggests improvements

Who benefits from the social audit?

Persons with disabilities, by safeguarding their rights and interests

Is social audit mandatory under this Act?

Yes, the appropriate Government is required to undertake it

 

CHAPTER IX

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

What is the focus of Section 49 of the Rights of Persons with Disabilities Act, 2016?

Appointment of a competent authority for the purposes of this Chapter

Who appoints the competent authority under Section 49?

The State Government

Can the State Government choose any authority?

Yes, as it deems fit

What is the purpose of the competent authority?

To oversee and implement the provisions of this Chapter

Section 49 ensures what?

Designation of an official responsible for enforcement and monitoring

Is the appointment of competent authority mandatory?

Yes, the State Government shall appoint one

Who benefits from the competent authority?

Persons with disabilities, ensuring proper implementation of the law

Can the competent authority perform multiple functions?

Yes, as required under this Chapter

Does Section 49 specify the tenure of the authority?

No, it is left to the State Government’s discretion

What principle does Section 49 promote?

Accountability and structured enforcement of the Act

What is the focus of Section 50 of the Rights of Persons with Disabilities Act, 2016?

Registration of institutions for persons with disabilities

Can anyone establish an institution for persons with disabilities freely?

No, only with a certificate of registration issued by the competent authority

Who issues the certificate of registration under Section 50?

The competent authority

Are all institutions required to register under this Act?

No, institutions for mentally ill persons with a valid licence under the Mental Health Act, 1987 are exempt

What is the purpose of registration?

To regulate and ensure proper functioning of institutions for persons with disabilities

Does Section 50 apply to existing licensed mental health institutions?

No, they are exempt if they have a valid licence

What principle does Section 50 promote?

Accountability and oversight of institutions for persons with disabilities

Is registration mandatory for newly established institutions?

Yes, except as otherwise provided under this Act

Who benefits from the registration requirement?

Persons with disabilities, ensuring quality care and protection

What happens if an institution operates without registration?

It would be non-compliant with Section 50 of the Act

What is the focus of Section 51 of the Rights of Persons with Disabilities Act, 2016?

Application and grant of certificate of registration for institutions for persons with disabilities

To whom is the application for registration submitted?

The competent authority

What must the competent authority do upon receiving an application?

Make enquiries and verify compliance with the Act and rules

Within what time frame must the competent authority grant or refuse a certificate?

Within ninety days of receipt of application

What must the competent authority do before refusing a certificate?

Give the applicant a reasonable opportunity of being heard and communicate the refusal in writing

When can a certificate of registration be granted?

Only if the institution can provide prescribed facilities and meet prescribed standards

How long is a certificate of registration valid?

For the period prescribed by the State Government unless revoked under Section 52

Can the certificate of registration be renewed?

Yes, it may be renewed for a like period

When should an application for renewal be submitted?

Not less than sixty days before expiry of the certificate

What must the institution do with the certificate of registration?

Display a copy in a conspicuous place

Which sec deals with ‘Revocation of registration’?

Section 52

Who can revoke a certificate of registration?

The competent authority

On what grounds can the certificate of registration be revoked?

(a) False or incorrect statements in the application for issue or renewal; (b) Breach of rules or conditions of the certificate

What procedure must the authority follow before revocation?

Give the holder an opportunity to show cause why the certificate should not be revoked

When does the institution cease to function after revocation?

Immediately on revocation, or after appeal if one is preferred and rejected

What happens to persons with disabilities in an institution whose certificate is revoked?

They may be restored to their parent, spouse, or guardian, or transferred to another institution specified by the competent authority

What must the institution do with the revoked certificate?

Surrender it immediately to the competent authority

Which sec deals with ‘Appeal’?

Section 53

Who can file an appeal under this section?

Any person aggrieved by refusal or revocation of a certificate of registration

To whom is the appeal preferred?

The appellate authority notified by the State Government

What is the time limit for filing an appeal?

As prescribed by the State Government

Is the order of the appellate authority final?

Yes, the order is final

Are government-run disability institutions covered under this Chapter?

No, they are exempt.

Which sec deals with ‘Act not to apply to institutions established or maintained by Central or State Government’?

Section 54

Does Section 54 apply to Central Government institutions for persons with disabilities?

No, it does not.

Are State Government-maintained disability institutions regulated by this Chapter?

No, they are excluded.

Can the provisions of registration and appeal apply to government disability institutions?

No, they are not applicable.

Does this Chapter restrict how the government manages its disability institutions?

No, government institutions are outside its scope.

Which sec deals with ‘Assistance to registered institutions’?

Section 55

Can the Government provide financial aid to registered institutions for implementing this Act?

Yes, within economic capacity and development limits.

Who can receive assistance under Section 55?

Only registered institutions under the Act.

What is the purpose of the assistance provided by the Government?

To provide services and implement schemes and programmes under the Act.

Is the financial assistance mandatory or discretionary?

It is discretionary, subject to economic capacity.

Does Section 55 cover institutions not registered under the Act?

No, only registered institutions are eligible.

 

CHAPTER X

CERTIFICATION OF SPECIFIED DISABILITIES

Which sec deals with ‘Guidelines for assessment of specified disabilities’?

Section 56

Who notifies the guidelines for assessment of specified disabilities?

The Central Government.

What is the purpose of the guidelines under Section 56?

To assess the extent of specified disability in a person.

Are these guidelines mandatory for assessing disabilities?

Yes, they provide the standard procedure for assessment.

Do these guidelines apply to all types of disabilities?

They apply to the specified disabilities notified by the Government.

Can the guidelines be updated or revised?

Yes, the Central Government may revise them as required.

Which sec deals with ‘Designation of certifying authorities’?

Section 57

Who designates certifying authorities for issuing disability certificates?

The appropriate Government.

What qualifications must certifying authorities have?

They must have requisite qualifications and experience.

What is the function of certifying authorities?

To issue certificates of disability.

Can certifying authorities operate anywhere?

No, only within the jurisdiction and under the terms and conditions notified by the Government.

Which sec deals with ‘Procedure for certification.’?

Section 58

Who can apply for a disability certificate?

Any person with a specified disability may apply in the prescribed manner.

To whom should the application for disability certificate be submitted?

To a certifying authority having jurisdiction.

How does the certifying authority assess a disability application?

The certifying authority assesses the disability according to guidelines notified under Section 56.

What happens if the person has a specified disability?

The certifying authority issues a certificate of disability in the prescribed form.

What happens if the person does not have a specified disability?

The certifying authority informs the person in writing that no specified disability exists.

Is a disability certificate valid throughout India?

Yes, the certificate is valid across the country.

Who prescribes the form of the disability certificate?

The Central Government prescribes the form of the certificate.

Can a person apply for a disability certificate in any manner?

No, the application must be in the manner prescribed by the Central Government.

What is the purpose of Section 58 of the RPwD Act, 2016?

To provide the procedure for issuing a certificate of disability.

Can the disability certificate issued under this section be used nationwide?

Yes, it is valid throughout India.

Which sec deals with ‘Appeal against a decision of certifying authority’?

Section 59

Who can appeal against the decision of a certifying authority?

Any person aggrieved by the decision of the certifying authority.

To whom is the appeal against a certifying authority’s decision made?

To the appellate authority designated by the State Government.

Within what limits can a person appeal?

Within such time and in such manner as prescribed by the State Government.

How does the appellate authority decide the appeal?

The appellate authority decides the appeal in the manner prescribed by the State Government.

Which authority prescribes the procedure and time for filing an appeal?

The State Government prescribes the time and manner for appeals.

What is the main purpose of Section 59?

To provide a procedure for appealing against the decision of a certifying authority.

 

CHAPTER XI

CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE

Which sec deals with ‘Constitution of Central Advisory Board on Disability’?

Section 60

What is the Central Advisory Board on Disability?

A body constituted by the Central Government to exercise powers and perform functions under the RPwD Act, 2016.

Who is the Chairperson of the Board?

The Minister in charge of the Department of Disability Affairs, ex officio.

Who is the Vice Chairperson of the Board?

The Minister of State in charge of the Department of Disability Affairs, ex officio.

How many MPs are members of the Board?

Three — two elected by Lok Sabha and one by Rajya Sabha, ex officio.

Who represents States and Union Territories on the Board?

Ministers in charge of Disability Affairs of States and Administrators/Lieutenant Governors of UTs, ex officio.

Which Government Secretaries are members of the Board?

Secretaries of Ministries/Departments like Disability Affairs, Social Justice, Education, Women & Child Development, Finance, Health, Rural & Urban Development, Science & Technology, Legal Affairs, Public Enterprises, Youth & Sports, Road Transport, Civil Aviation.

Who represents NITI Aayog on the Board?

The Secretary of NITI Aayog, ex officio.

Which councils’ chairpersons are members of the Board?

Rehabilitation Council of India, National Trust, National Council for Teacher Education, University Grants Commission, and Medical Council of India, ex officio.

Which corporations’ heads are part of the Board?

National Handicapped Finance Development Corporation and Artificial Limbs Manufacturing Corporation, ex officio.

Who represents Railways on the Board?

Chairman, Railway Board, ex officio.

Who represents Employment and Training?

Director-General, Employment and Training, Ministry of Labour and Employment, ex officio.

Which educational institutions’ directors are members?

NCERT and NCTE, ex officio.

Which National Institutes are represented?

Institutes for visually, mentally, orthopedically, hearing handicapped; rehabilitation training; multiple disabilities; mental health; and Indian Sign Language Research, ex officio.

How are experts in disability included in the Board?

Five Members nominated by the Central Government as experts in disability and rehabilitation.

How are persons with disabilities included?

Ten members nominated by Central Government to represent NGOs or disabled persons, at least five women and at least one SC & one ST.

Are representatives of industry included in the Board?

Yes, up to three representatives of national level chambers of commerce and industry.

Who is the Member-Secretary of the Board?

Joint Secretary to the Government of India dealing with disability policy, ex officio.

Which sec deals with ‘Terms and conditions of Service of members’?

Section 61

How is the Board officially formed?

By notification of the Central Government.

Can the Board exercise powers and perform functions under the RPwD Act?

Yes, it exercises all powers and functions assigned under the Act.

Is the composition of the Board both ex officio and nominated members?

Yes, it includes ex officio members and members nominated by the Central Government.

What is the term of office for a member nominated under clause (r) of Section 60(2)?

Three years from the date of nomination.

Can a member continue after the expiry of the term?

Yes, until his successor enters upon office.

Can the Central Government remove a nominated member before the expiry of term?

Yes, after giving a reasonable opportunity to show cause.

Can a nominated member resign before the end of term?

Yes, by writing to the Central Government.

How is a casual vacancy in the Board filled?

By fresh nomination, and the new member serves only the remainder of the term.

Can nominated members under sub-clauses (i) and (iii) of clause (r) be renominated?

Yes, they are eligible for renomination.

Do members nominated under sub-clauses (i) and (ii) of clause (r) receive allowances?

Yes, as prescribed by the Central Government.

What happens if a member resigns?

The seat becomes vacant immediately.

Is the removal of a member automatic without notice?

No, a reasonable opportunity to show cause must be given.

What is the main purpose of Section 61?

To specify the terms, resignation, removal, and allowances of nominated Board members.

Which sec deals with ‘Disqualifications’?

Section 62

Who cannot be a Member of the Central Advisory Board?

A person who is insolvent, of unsound mind, convicted of an offence involving moral turpitude or under this Act, or has abused their position prejudicially.

Can a person adjudged insolvent be a member?

No, an insolvent or one who has suspended payments or compounded with creditors is disqualified.

Can a person of unsound mind become a member?

No, if declared so by a competent court.

Can a person convicted of an offence involving moral turpitude be a member?

No, if the Central Government considers it morally disqualifying.

Can a person previously convicted under the RPwD Act be a member?

No, any prior conviction under this Act disqualifies them.

Can a member be removed for abusing their position?

Yes, if the Central Government considers it prejudicial to public interest.

Is a member given a chance before removal?

Yes, a reasonable opportunity to show cause must be provided.

Can a member removed under this section be renominated?

No, a removed member is not eligible for renomination.

What is the main purpose of Section 62?

To specify the disqualifications and removal process for members of the Central Advisory Board.

Which section specifies vacation of seat?

Section 63 of the RPwD Act, 2016.

Does the Central Government have discretion in determining moral turpitude or abuse of position?

Yes, the Government decides based on its opinion.

When does a member of the Central Advisory Board vacate their seat?

When the member becomes subject to any disqualification specified in Section 62.

What happens to the seat if a member is disqualified?

The seat becomes vacant immediately.

Is vacation of seat automatic upon disqualification?

Yes, the seat is vacated once the disqualification arises.

What is the main purpose of Section 63?

To ensure that members who become disqualified cannot continue in office.

Which section specifies ‘Meetings of the Central Advisory Board on disability’?

Section 64 of the RPwD Act, 2016.

How often must the Central Advisory Board on Disability meet?

At least once every six months.

Are there prescribed rules for conducting meetings of the Board?

Yes, the Board shall observe such rules of procedure as may be prescribed.

What is the purpose of Section 64?

To regulate the frequency and procedure of the Board’s meetings.

Can the Board meet more frequently than once in six months?

Yes, it can meet more often if required.

Who prescribes the rules of procedure for Board meetings?

The rules of procedure are prescribed by the Central Government.

Which section specifies ‘Functions of Central Advisory Board on disability’?

Section 65 of the RPwD Act, 2016.

What is the main role of the Central Advisory Board on Disability?

It is the national-level consultative and advisory body on disability matters.

What is the purpose of the Board under Section 65(1)?

To facilitate continuous evolution of a comprehensive policy for empowerment and full enjoyment of rights of persons with disabilities.

Whom does the Board advise on disability policies and programmes?

The Central Government and State Governments.

What policy responsibility does the Board have?

To develop a national policy addressing issues concerning persons with disabilities.

How does the Board coordinate activities related to disability?

By reviewing and coordinating all governmental and non-governmental organizations working on disability matters.

How does the Board support persons with disabilities in national plans?

By taking up their cause with authorities and international organizations to provide schemes and projects.

What steps does the Board recommend for persons with disabilities?

Steps to ensure accessibility, reasonable accommodation, non-discrimination, and participation in social life.

How does the Board monitor laws and policies?

By evaluating the impact of laws, policies, and programmes to achieve full participation of persons with disabilities.

Can the Board perform additional functions?

Yes, any other functions assigned from time to time by the Central Government.

What is the overall purpose of Section 65?

To define the functions of the Central Advisory Board on Disability for policy, coordination, and empowerment.

Which section specifies ‘State Advisory Board on disability’?

Section 66 of the RPwD Act, 2016.

What is the State Advisory Board on Disability?

A body constituted by every State Government to exercise powers and perform functions under the RPwD Act, 2016.

Who is the Chairperson of the State Advisory Board?

The Minister in charge of the Department dealing with disability matters, ex officio.

Who is the Vice-Chairperson of the Board?

The Minister of State or Deputy Minister in charge of the Department, ex officio.

Which State Government officers are members of the Board?

Secretaries of Departments including Disability Affairs, Education, Women & Child Development, Finance, Health, Rural & Urban Development, Science & Technology, Labour & Employment, Youth Affairs, Road Transport, and others as deemed necessary, ex officio.

How many members of the State Legislature are included?

Three — two elected by the Legislative Assembly and one by the Legislative Council, or three by Assembly if no Council exists, ex officio.

How are expert members included in the Board?

Five members nominated by the State Government as experts in disability and rehabilitation.

How are district representatives included?

Five members nominated by rotation to represent districts, on recommendation of district administration.

How are persons with disabilities represented?

Ten members, as far as practicable, from NGOs or associations; at least five women and at least one SC and one ST.

Can industry representatives be part of the Board?

Yes, up to three representatives from the State Chamber of Commerce and Industry.

Who is the Member-Secretary of the State Advisory Board?

An officer not below the rank of Joint Secretary in the Department dealing with disability matters, ex officio.

Which section specifies ‘Terms and conditions of service of Members’?

Section 67 of the RPwD Act, 2016.

How is the State Advisory Board constituted?

By notification of the State Government.

What is the term of office for a member nominated under clause (e) of Section 66(2)?

Three years from the date of nomination.

Can a member continue after the expiry of the term?

Yes, until his successor enters upon office.

Can the State Government remove a nominated member before the expiry of term?

Yes, after giving a reasonable opportunity to show cause.

Can a nominated member resign before the end of term?

Yes, by writing to the State Government.

What happens if a member resigns?

The seat becomes vacant immediately.

How is a casual vacancy in the Board filled?

By fresh nomination, and the new member serves only the remainder of the term.

Can members under sub-clauses (i) and (iii) of clause (e) be renominated?

Yes, they are eligible for renomination.

Do members under sub-clauses (i) and (ii) receive allowances?

Yes, as prescribed by the State Government.

What is the main purpose of Section 67?

To specify the terms, resignation, removal, and allowances of nominated State Advisory Board members.

Which section specifies ‘Disqualification’?

Section 68 of the RPwD Act, 2016.

Is removal of a member automatic without notice?

No, a reasonable opportunity to show cause must be given.

Who cannot be a Member of the State Advisory Board?

A person who is insolvent, of unsound mind, convicted of an offence involving moral turpitude or under this Act, or has abused their position prejudicially.

Can a person adjudged insolvent be a member?

No, an insolvent or one who has suspended payments or compounded with creditors is disqualified.

Can a person of unsound mind become a member?

No, if declared so by a competent court.

Can a person convicted of an offence involving moral turpitude be a member?

No, if the State Government considers it morally disqualifying.

Can a person previously convicted under the RPwD Act be a member?

No, any prior conviction under this Act disqualifies them.

Can a member be removed for abusing their position?

Yes, if the State Government considers it detrimental to public interest.

Is a member given a chance before removal?

Yes, a reasonable opportunity to show cause must be provided.

Can a member removed under this section be renominated?

No, a removed member is not eligible for renomination.

What is the main purpose of Section 68?

To specify the disqualifications and removal process for members of the State Advisory Board.

Does the State Government have discretion in determining moral turpitude or abuse of position?

Yes, the Government decides based on its opinion.

Which section specifies ‘Vacation of seats’?

Section 69 of the RPwD Act, 2016.

When does a member of the State Advisory Board vacate their seat?

When the member becomes subject to any disqualification specified in Section 68.

What happens to the seat if a member is disqualified?

The seat becomes vacant immediately.

Is vacation of seat automatic upon disqualification?

Yes, the seat is vacated once the disqualification arises.

What is the main purpose of Section 69?

To ensure that members who become disqualified cannot continue in office.

Which section specifies ‘Meetings of State Advisory Board on disability’?

Section 70 of the RPwD Act, 2016.

How often must the State Advisory Board on Disability meet?

At least once every six months.

Are there prescribed rules for conducting meetings of the State Advisory Board?

Yes, the Board shall observe such rules or procedure as may be prescribed by the State Government.

Can the Board meet more frequently than once in six months?

Yes, it can meet more often if required.

What is the main purpose of Section 70?

To regulate the frequency and procedure of the State Advisory Board’s meetings.

Who prescribes the rules of procedure for State Board meetings?

The rules are prescribed by the State Government.

Which section specifies ‘Functions of State Advisory Board on disability’?

Section 71 of the RPwD Act, 2016.

What is the main role of the State Advisory Board on Disability?

It is the State-level consultative and advisory body on disability matters.

What is the purpose of the Board under Section 71(1)?

To facilitate continuous evolution of a comprehensive policy for empowerment and full enjoyment of rights of persons with disabilities in the State.

Whom does the Board advise on disability policies and programmes?

The State Government.

What policy responsibility does the Board have?

To develop a State policy addressing issues concerning persons with disabilities.

How does the Board coordinate activities related to disability?

By reviewing and coordinating all governmental and non-governmental organizations in the State dealing with disability matters.

How does the Board support persons with disabilities in State plans?

By taking up their cause with authorities and international organizations to provide schemes and projects.

What steps does the Board recommend for persons with disabilities?

Steps to ensure accessibility, reasonable accommodation, non-discrimination, and participation in social life on an equal basis.

How does the Board monitor laws and policies?

By evaluating the impact of laws, policies, and programmes to achieve full participation of persons with disabilities.

Can the Board perform additional functions?

Yes, any other functions assigned from time to time by the State Government.

What is the overall purpose of Section 71?

To define the functions of the State Advisory Board on Disability for policy, coordination, and empowerment in the State.

Which section specifies ‘District-level Committee on disability’?

Section 72 of the RPwD Act, 2016.

What is the District-level Committee on Disability?

A committee constituted by the State Government to deal with disability matters at the district level.

Who constitutes the District-level Committee?

The State Government.

What is the purpose of the Committee?

To perform such functions as may be prescribed by the State Government.

Does the Act specify detailed functions of the District-level Committee?

No, functions are prescribed by the State Government.

What is the main purpose of Section 72?

To provide for the constitution of District-level Committees on Disability by the State Government.

Which section specifies ‘Vacancies not to invalidate proceedings’?

Section 73 of the RPwD Act, 2016.

Can a vacancy in a Board or Committee invalidate its proceedings?

No, vacancies do not invalidate acts or proceedings.

Which bodies are covered under Section 73?

Central Advisory Board, State Advisory Board, and District-level Committee on Disability.

Can defects in constitution of a Board or Committee challenge its proceedings?

No, proceedings cannot be questioned merely due to defects in constitution.

What is the main purpose of Section 73?

To ensure that vacancies or minor defects do not affect the validity of actions or decisions.

Does Section 73 affect the legal powers of the Boards or Committees?

No, their acts and proceedings remain valid despite vacancies or defects.

 

CHAPTER XII

CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES

Which sec deals with ‘Appointment of Chief Commissioner and Commissioners’?

Section 74

Who appoints the Chief Commissioner for Persons with Disabilities?

The Central Government, by notification.

How many Commissioners assist the Chief Commissioner?

Two Commissioners, one of whom shall be a person with disability.

What is the eligibility criterion for appointment as Chief Commissioner or Commissioner?

Must have special knowledge or practical experience in matters relating to rehabilitation.

Who prescribes the salary, allowances, and other service conditions of the Chief Commissioner and Commissioners?

The Central Government.

Who determines the officers and employees required to assist the Chief Commissioner?

The Central Government.

Under whose control do officers and employees assisting the Chief Commissioner function?

Under the general superintendence and control of the Chief Commissioner.

Can the officers and employees’ service conditions be prescribed?

Yes, by the Central Government.

Is the Chief Commissioner assisted by an advisory committee?

Yes, comprising up to eleven members who are experts in different disabilities.

Who prescribes the composition of the advisory committee?

The Central Government.

What is the main purpose of Section 74?

To provide for the appointment, qualifications, assistance, and service conditions of the Chief Commissioner and Commissioners.

Which sec deals with ‘Functions of Chief Commissioner’?

Section 75

What is the primary role of the Chief Commissioner?

To protect and promote the rights of persons with disabilities under the Act.

Can the Chief Commissioner identify inconsistent laws or policies?

Yes, suo motu or otherwise, and recommend corrective steps.

Can the Chief Commissioner inquire into deprivation of rights?

Yes, for matters under the Central Government, and take corrective action with authorities.

Does the Chief Commissioner review safeguards under the Act?

Yes, and recommends measures for effective implementation.

Can the Chief Commissioner review factors inhibiting rights enjoyment?

Yes, and recommend remedial measures.

Is the Chief Commissioner involved in international treaties?

Yes, studies treaties and recommends their effective implementation.

Can the Chief Commissioner promote research?

Yes, in the field of rights of persons with disabilities.

Does the Chief Commissioner promote awareness of rights?

Yes, including safeguards available for protection.

Does the Chief Commissioner monitor implementation of the Act and schemes?

Yes, including utilization of funds disbursed by the Central Government.

Can the Chief Commissioner perform other functions?

Yes, any functions assigned by the Central Government.

Must the Chief Commissioner consult the Commissioners?

Yes, while discharging functions under this Act.

Which sec deals with ‘Action of appropriate authorities on recommendation of Chief Commissioner’?

Section 76

What action must an authority take on a recommendation from the Chief Commissioner?

Take necessary action within 3 months and inform the Chief Commissioner.

What should an authority do if it does not accept the Chief Commissioner's recommendation?

Convey reasons for non-acceptance to the Chief Commissioner and inform the aggrieved person within 3 months.

What is the time limit for an authority to respond to the Chief Commissioner's recommendation?

Within 3 months from receipt of the recommendation.

Who must be informed about the action taken on a recommendation?

The Chief Commissioner; if not accepted, the aggrieved person must also be informed.

What is the main purpose of Section 76?

To ensure authorities act on Chief Commissioner's recommendations and maintain accountability for non-acceptance.

Which sec deals with ‘Powers of Chief Commissioner.’?

Section 77

What powers does the Chief Commissioner have under Section 77?

Same powers as a civil court under the CPC while trying a suit.

What civil court powers can the Chief Commissioner exercise?

Summon/enforce attendance of witnesses, require discovery/production of documents, requisition public records, receive evidence on affidavits, issue commissions for examination of witnesses or documents.

Are proceedings before the Chief Commissioner judicial in nature?

Yes, they are judicial proceedings under IPC sections 193 and 228.

Is the Chief Commissioner considered a civil court for any purpose?

Yes, for section 195 IPC and Chapter XXVI CrPC purposes.

What is the main purpose of Section 77?

To empower the Chief Commissioner with civil court powers for discharging functions and conducting judicial proceedings.

Which section deals with ‘Annual and special reports by Chief Commissioner’?

Section 78

What reports must the Chief Commissioner submit under Section 78?

Annual reports to the Central Government and special reports on urgent/important matters.

What happens to the Chief Commissioner’s reports after submission?

The Central Government lays them before both Houses of Parliament with action taken or reasons for non-acceptance of recommendations.

Can the Chief Commissioner submit a report outside the annual report?

Yes, special reports can be submitted anytime for urgent or important matters.

How should the annual and special reports be prepared?

In the form, manner, and detail prescribed by the Central Government.

What is the main purpose of Section 78?

To ensure accountability of the Chief Commissioner through reporting and Parliamentary oversight.

What reports must the Chief Commissioner submit under Section 78?

Annual reports to the Central Government and special reports on urgent/important matters.

What happens to the Chief Commissioner’s reports after submission?

The Central Government lays them before both Houses of Parliament with action taken or reasons for non-acceptance of recommendations.

Can the Chief Commissioner submit a report outside the annual report?

Yes, special reports can be submitted anytime for urgent or important matters.

How should the annual and special reports be prepared?

In the form, manner, and detail prescribed by the Central Government.

What is the main purpose of Section 78?

To ensure accountability of the Chief Commissioner through reporting and Parliamentary oversight.

Which section deals with ‘Appointment of State Commissioner in States’?

Section 79

Who appoints the State Commissioner for Persons with Disabilities?

The State Government, by notification.

What is the qualification for appointment as State Commissioner?

Special knowledge or practical experience in matters relating to rehabilitation.

Who determines the salary, allowances, and service conditions of the State Commissioner?

The State Government prescribes salary, allowances, and other terms of service.

How is the State Commissioner assisted in discharging functions?

Provided officers and employees under his superintendence and an advisory committee of up to five experts in the disability sector.

What is the purpose of Section 79?

To establish the State Commissioner with qualified personnel and advisory support for implementation of the Act at the state level.

Which sec deals with ‘Functions of State Commissioner.’?

Section 80

What is the main function of the State Commissioner under Section 80?

Identify inconsistencies in laws/policies and recommend corrective measures.

How does the State Commissioner address deprivation of rights of persons with disabilities?

Inquire suo motu or on complaint and take up matters with appropriate authorities for corrective action.

What review functions does the State Commissioner perform?

Review safeguards under this Act or other laws and recommend measures for effective implementation.

What other roles does the State Commissioner perform?

Promote research, awareness, monitor implementation of Act and schemes, monitor fund utilization, and perform functions assigned by the State Government.

What is the overall purpose of Section 80?

To ensure protection, promotion, and effective enforcement of rights of persons with disabilities at the state level.

Which sec deals with ‘Action by appropriate authorities on recommendation of State Commissioner’?

Section 81

What must an authority do on receiving a recommendation from the State Commissioner under Section 80(b)?

Take necessary action and inform the State Commissioner within 3 months.

What should an authority do if it does not accept the State Commissioner’s recommendation?

Convey reasons for non-acceptance to the State Commissioner and inform the aggrieved person within 3 months.

What is the time limit for an authority to respond to a recommendation from the State Commissioner?

Within 3 months from receipt of the recommendation.

Who must be informed about the action taken on the recommendation?

The State Commissioner; if not accepted, the aggrieved person must also be informed.

What is the main purpose of Section 81?

To ensure authorities act on the State Commissioner’s recommendations and maintain accountability for non-acceptance.

Which sec deals with ‘Powers of State Commissioner.’?

Section 82

What powers does the State Commissioner have under Section 82?

Same powers as a civil court under the CPC while trying a suit.

What civil court powers can the State Commissioner exercise?

Summon/enforce attendance of witnesses, require discovery/production of documents, requisition public records, receive evidence on affidavits, and issue commissions for examination of witnesses or documents.

Are proceedings before the State Commissioner judicial in nature?

Yes, judicial proceedings under IPC sections 193 and 228.

Is the State Commissioner considered a civil court for any purpose?

Yes, for section 195 IPC and Chapter XXVI CrPC purposes.

What is the main purpose of Section 82?

To empower the State Commissioner with civil court powers for discharging functions and conducting judicial proceedings.

Which sec deals with ‘Annual and special reports by State Commissioner’?

Section 83

What reports must the State Commissioner submit under Section 83?

Annual reports to the State Government and special reports on urgent or important matters.

What happens to the State Commissioner’s reports after submission?

Laid before the State Legislature with action taken or reasons for non-acceptance of recommendations.

Can the State Commissioner submit reports outside the annual report?

Yes, special reports can be submitted anytime for urgent or important matters.

How should the annual and special reports be prepared?

In the form, manner, and details prescribed by the State Government.

What is the main purpose of Section 83?

To ensure accountability of the State Commissioner through reporting and legislative oversight.

 

CHAPTER XIII

SPECIAL COURT

Which sec deals with ‘Special Court’?

Section 84

Who specifies the Special Court for each district?

The State Government, with the concurrence of the Chief Justice of the High Court, by notification.

Which court is designated as the Special Court?

A Court of Session in each district.

What type of cases does the Special Court try?

Offences committed under the Rights of Persons with Disabilities Act, 2016.

What is the main purpose of Section 84?

To ensure speedy and efficient trial of offences under the Act at the district level.

Which sec deals with ‘Special Public Prosecutor.’?

Section 85

Who appoints the Special Public Prosecutor for a Special Court?

The State Government, by notification.

What is the qualification to be appointed as a Special Public Prosecutor?

Must be an advocate with at least seven years of practice.

What is the role of the Special Public Prosecutor?

To conduct cases in the Special Court.

What is the remuneration of the Special Public Prosecutor?

As prescribed by the State Government.

What is the main purpose of Section 85?

To ensure qualified prosecution in Special Courts for speedy trial of offences under the Act.

 

CHAPTER XIV

NATIONAL FUND FOR PERSONS WITH DISABILITIES

Which sec deals with ‘National Fund for persons with disabilities’?

Section 86

What is the National Fund under Section 86 called?

National Fund for persons with disabilities.

What are the sources of the National Fund?

Existing disability funds (1983 & 2006), sums from banks/courts, grants, gifts, donations, Central Government funds, and other sources as decided by the Central Government.

How is the National Fund utilised?

Managed and utilised in the manner prescribed by the Central Government.

What is the main purpose of Section 86?

To provide a dedicated fund for welfare and empowerment of persons with disabilities.

Which sec deals with ‘Accounts and audit’?

Section 87

Who maintains the accounts of the National Fund?

The Central Government, in consultation with the Comptroller and Auditor-General (CAG).

Who audits the accounts of the Fund?

The Comptroller and Auditor-General of India at specified intervals.

What powers does the CAG have during the audit?

Same powers as for Government accounts, including demanding books, vouchers, documents, and inspecting offices of the Fund.

Where are the audited accounts of the Fund laid?

Before each House of Parliament by the Central Government.

What is the main purpose of Section 87?

To ensure proper accounting, audit, and transparency of the National Fund for persons with disabilities.

 

CHAPTER XV

STATE FUND FOR PERSONS WITH DISABILITIES

What is the State Fund under Section 88 called?

State Fund for persons with disabilities.

Who constitutes the State Fund?

The State Government, in the manner prescribed by it.

How is the State Fund utilised and managed?

As prescribed by the State Government.

Who maintains the accounts of the State Fund?

The State Government, in consultation with the Comptroller and Auditor-General (CAG).

Who audits the accounts of the State Fund?

The Comptroller and Auditor-General of India at specified intervals.

What powers does the CAG have during the audit?

Same powers as for Government accounts, including demanding books, vouchers, documents, and inspecting offices of the State Fund.

Where are the audited accounts of the State Fund laid?

Before each House of the State Legislature or the single House, as applicable.

What is the main purpose of Section 88?

To ensure proper constitution, management, accounting, and audit of the State Fund for persons with disabilities.

 

CHAPTER XVI

OFFENCES AND PENALTIES

Which sec deals with ‘Punishment for contravention of provisions of Act or rules or regulations made thereunder’?

Section 89

Punishment for contravention of Act/rules?

First: fine ₹10,000; subsequent: ₹50,000–₹5 lakh.

Which sec deals with ‘Offences by companies.’?

Section 90

Offences by companies?

Company & officers in charge liable; directors/officers guilty if consent, connivance, or negligence; “company” includes firms; “director”=partner.

Which sec deals with ‘Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities’?

Section 91

Punishment for fraudulently availing benefits?

imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both

Which sec deals with ‘Punishment for offences of atrocities.’?

Section 92

Punishment for offences of atrocities?

Imprisonment 6 months–5 years & fine for assault, humiliation, sexual exploitation, denial of food/fluids, injuring limbs/devices, unauthorized medical procedures.

Which sec deals with ‘Punishment for failure to furnish information’?

Section 93

What is the punishment for failing to furnish information under the RPWD Act?

Fine up to ₹25,000 per offence; continued failure: additional ₹1,000 per day.

Who is liable under Section 93?

Anyone failing to produce books, accounts, documents, statements, or answer questions as required under the Act, orders, or directions.

What is the main purpose of Section 93?

To ensure compliance with information requests for proper enforcement of the Act.

Which section deals with ‘Previous sanction of appropriate Government.’?

Section 94

When can a court take cognizance of an offence by a government employee under this Chapter?

Only with previous sanction of the appropriate Government or a complaint filed by an authorized officer.

Who grants sanction for prosecution?

The appropriate Government.

What is the main purpose of Section 94?

To ensure prior government approval before prosecuting its employees under the Act.

Which sec deals with ‘Alternative punishments.’?

Section 95

What happens when an act is punishable under the RPWD Act and another law?

Offender is punished only under the law that provides the greater punishment.

Who decides which punishment applies?

The Act providing the greater degree of punishment applies.

What is the main purpose of Section 95?

To avoid double punishment and ensure the maximum penalty is applied.

 

CHAPTER XVII

MISCELLANEOUS

Which sec deals with ‘Application of other laws not barred’?

Section 96

Does the RPWD Act override other laws?

No, its provisions are in addition to other existing laws.

What is the main purpose of Section 96?

To clarify that the Act supplements, not derogates from, other laws.

Which sec deals with ‘Protection of action taken in good faith’?

Section 97

Who is protected for actions taken in good faith under the RPWD Act?

Appropriate Government, its officers, and officers/employees of the Chief Commissioner or State Commissioner.

Can a suit or prosecution lie for actions done in good faith under the Act?

No legal proceeding shall lie for acts done in good faith under the Act.

What type of actions are protected under Section 97?

Actions done or intended to be done in good faith under the Act or rules.

Are officers of the Chief Commissioner protected for actions in good faith?

Yes, they are protected from suits, prosecutions, or legal proceedings.

Are State Commissioner’s employees protected for good faith actions?

Yes, they are protected under Section 97.

Does protection apply to both acts done and intended to be done?

Yes, both acts done and intended to be done in good faith are protected.

What is the objective of Section 97?

To protect government authorities from legal liability for bona fide actions under the Act.

Does Section 97 provide immunity from legal proceedings?

Yes, for actions taken in good faith under the Act or rules.

Which sec deals with ‘Power to remove difficulties’?

Section 98

Who has the power to remove difficulties in implementing the RPWD Act?

The Central Government.

How does the Central Government remove difficulties under Section 98?

By issuing an order published in the Official Gazette.

What condition must the order under Section 98 satisfy?

It must not be inconsistent with the provisions of the Act.

What is the time limit for exercising the power to remove difficulties?

Within two years from the commencement of the Act.

Where must the order removing difficulties be placed?

Before each House of Parliament.

What is the purpose of Section 98?

To enable the Central Government to remove implementation difficulties in the Act.

Can the Central Government issue directions to remove difficulties?

Yes, if necessary or expedient and consistent with the Act.

How are Parliament members informed about such orders?

The order must be laid before both Houses of Parliament.

Which sec deals with ‘Power to amend Schedule’?

Section 99

Who has the power to amend the Schedule under the RPWD Act?

The Central Government.

How can the Schedule be amended under Section 99?

By notification issued by the Central Government.

On whose recommendation can the Schedule be amended?

On recommendations of the appropriate Government or otherwise.

When does the Schedule stand amended?

When the Central Government issues the notification.

Where must the notification amending the Schedule be laid?

Before each House of Parliament.

What condition must the Central Government satisfy before amending the Schedule?

It must consider the amendment necessary or expedient.

What is the purpose of Section 99?

To empower the Central Government to modify the Schedule of the Act.

How is parliamentary oversight ensured for Schedule amendments?

The notification must be laid before both Houses of Parliament.

Who has the power to make rules under the RPWD Act?

The Central Government.

Which sec deals with ‘Power of Central Government to make rules’?

Section 100

How are rules made under Section 100?

By notification after previous publication.

What is the purpose of rules made under Section 100?

To carry out the provisions of the Act.

What matters may be prescribed by rules under Section 100?

Matters relating to committees, policies, records, procedures, funds, and administration under the Act.

Can rules be made regarding accessibility standards?

Yes, under Section 40 through rules made by the Central Government.

Can rules prescribe the procedure for disability certificates?

Yes, the application manner and form of certificate can be prescribed.

Can rules regulate the salaries and service conditions of the Chief Commissioner?

Yes, rules may prescribe salaries, allowances, and service conditions.

Can rules regulate utilisation and management of the National Fund?

Yes, rules may prescribe the procedure for utilisation and management of the Fund.

Where must the rules made under the Act be placed?

Before each House of Parliament.

For how long must rules be laid before Parliament?

For a total period of 30 days during one or more sessions.

Can Parliament modify or annul the rules?

Yes, both Houses may modify or annul the rules.

What happens if Parliament modifies the rule?

The rule will have effect only in the modified form.

What happens if Parliament annuls the rule?

The rule will cease to have effect.

Does modification or annulment affect prior actions under the rule?

No, prior actions remain valid.

What is the main objective of Section 100?

To empower the Central Government to frame rules for effective implementation of the Act.

Which sec deals with ‘Power of State Government to make rules’?

Section 101

Who has the power to make rules under Section 101?

The State Government.

How are rules made by the State Government under this Act?

By notification subject to previous publication.

Within what time should the State Government make rules after commencement of the Act?

Within six months from the commencement of the Act.

What is the purpose of rules made by the State Government?

To carry out the provisions of the Act at the State level.

Can rules prescribe the manner of constituting the Committee for Research on Disability?

Yes, under Section 5(2).

Can rules regulate the provision of limited guardianship?

Yes, the manner of providing support of a limited guardian may be prescribed.

Can rules prescribe the procedure for registration of institutions for persons with disabilities?

Yes, including application form, facilities, standards, and validity of registration.

Can rules specify the appeal process against orders of certifying authorities?

Yes, including time and manner of appeal.

Can rules regulate allowances of State Advisory Board members?

Yes, allowances and meeting procedures may be prescribed.

Can rules determine composition and functions of the District Level Committee?

Yes, under Section 72.

Can rules prescribe salaries and service conditions of the State Commissioner and staff?

Yes, salaries, allowances, and service conditions may be prescribed.

Can rules regulate the composition of the advisory committee assisting the State Commissioner?

Yes, the composition and appointment of experts may be prescribed.

Can rules prescribe the form and manner of annual and special reports of the State Commissioner?

Yes, under Section 83(3).

Can rules fix remuneration for the Special Public Prosecutor?

Yes, under Section 85(2).

Can rules regulate the constitution and management of the State Fund for persons with disabilities?

Yes, under Section 88.

Where must the rules made by the State Government be laid?

Before the State Legislature (both Houses or the single House).

What is the main purpose of Section 101?

To empower State Governments to frame rules for effective implementation of the Act at the State level.

Which sec deals with ‘Repeal and savings’?

Section 102

Which Act is repealed by Section 102 of the RPWD Act, 2016?

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Under which section is the 1995 Disabilities Act repealed?

Section 102 of the RPWD Act, 2016.

What is the short title of the repealed 1995 law?

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

What happens to actions taken under the repealed 1995 Act?

They are deemed to have been taken under the corresponding provisions of the RPWD Act, 2016.

Does repeal of the 1995 Act invalidate actions taken under it?

No, such actions remain valid.

What principle is reflected in Section 102(2)?

The principle of “repeal with saving clause.”

What is meant by “savings” under Section 102?

Actions taken under the repealed Act continue to remain valid under the new Act.

What is the purpose of the saving clause in Section 102?

To ensure continuity of legal actions and decisions.

Does Section 102 protect actions already taken under the 1995 Act?

Yes, they are deemed to be taken under the new Act.

What is the main objective of Section 102 of the RPWD Act, 2016?

To repeal the 1995 Act while saving actions taken under it.

After repeal, under which Act will earlier actions be treated?

Under the corresponding provisions of the RPWD Act, 2016.

Does Section 102 ensure legal continuity after repeal?

Yes, it preserves past actions under the new law.

 

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