Download Rights Of Persons With Disabilities Act, 2016 One Liner Notes PDF
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THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 |
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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. |
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Which international convention is implemented through the Rights of Persons with Disabilities Act, 2016? |
United Nations Convention on the Rights of Persons with Disabilities. |
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Which body adopted the Convention on the Rights of Persons with Disabilities? |
United Nations General Assembly. |
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On which date was the Convention on the Rights of Persons with Disabilities adopted? |
13 December 2006. |
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When did India ratify the Convention on the Rights of Persons with Disabilities? |
1 October 2007. |
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What is one core principle of the Convention regarding persons with disabilities? |
Respect for inherent dignity and individual autonomy. |
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What principle ensures equal treatment of persons with disabilities? |
Non-discrimination. |
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What principle ensures participation of persons with disabilities in society? |
Full and effective participation and inclusion in society. |
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What principle recognizes persons with disabilities as part of human diversity? |
Respect for difference and acceptance of persons with disabilities. |
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Which principle ensures equal chances for persons with disabilities? |
Equality of opportunity. |
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Which principle focuses on removing barriers for persons with disabilities? |
Accessibility. |
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Which principle promotes gender equality among persons with disabilities? |
Equality between men and women. |
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Which principle protects the identity and development of children with disabilities? |
Respect for evolving capacities of children with disabilities. |
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In which year was the Rights of Persons with Disabilities Act enacted? |
2016. |
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CHAPTER I |
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PRELIMINARY |
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Under which section is the short title of the Act provided? |
Section 1 |
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What is the short title of the Act under Section 1(1)? |
The Rights of Persons with Disabilities Act, 2016. |
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Who has the power to appoint the date of commencement of the Act? |
The Central Government. |
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By what method does the Central Government bring the Act into force? |
By notification in the Official Gazette. |
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Which section deals with commencement of the Act? |
Section 1(2). |
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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. |
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Under which section are definitions provided in the Rights of Persons with Disabilities Act, 2016? |
Section 2. |
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What does “appellate authority” mean under the Act? |
An authority notified or designated under Sections 14(3), 53(1), or 59(1). |
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Under which section can an appellate authority be notified regarding guardianship matters? |
Section 14(3). |
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Under which section can an appellate authority be notified regarding special employment exchange matters? |
Section 53(1). |
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Under which section can an appellate authority be designated for appeal against the decision of the Chief Commissioner or State Commissioner? |
Section 59(1). |
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What does “appropriate Government” mean under the Act? |
The Central Government or the State Government depending on the establishment concerned. |
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Who is the appropriate Government for establishments financed by the Central Government? |
The Central Government. |
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Who is the appropriate Government for establishments financed by a State Government? |
The State Government. |
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Who is the appropriate Government for a Cantonment Board? |
The Central Government. |
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A Cantonment Board is constituted under which Act? |
The Cantonments Act, 2006. |
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Which government is the appropriate Government for a local authority other than a Cantonment Board? |
The State Government. |
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What does the term “barrier” mean under the Act? |
Any factor that hampers full and effective participation of persons with disabilities in society. |
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Which type of barrier relates to communication difficulties? |
Communicational barrier. |
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Which barrier arises from social beliefs or traditions? |
Cultural barrier. |
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Which barrier arises due to lack of financial resources? |
Economic barrier. |
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Which barrier arises due to surroundings or infrastructure? |
Environmental barrier. |
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Which barrier arises from policies or systems of organizations? |
Institutional barrier. |
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Which barrier arises from government policies or political systems? |
Political barrier. |
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Which barrier arises from societal attitudes or prejudices? |
Attitudinal barrier. |
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Which barrier relates to physical or structural obstacles? |
Structural barrier. |
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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. |
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What does “certifying authority” mean under the Act? |
An authority designated under Section 57(1). |
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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. |
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Which section provides for appointment of a “competent authority”? |
Section 49. |
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What is meant by “competent authority” under the Act? |
An authority appointed under Section 49. |
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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. |
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What does discrimination under the Act include besides exclusion and restriction? |
All forms of discrimination and denial of reasonable accommodation. |
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What does the term “establishment” include under the Act? |
Government establishment and private establishment. |
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What does “Fund” mean under the Act? |
The National Fund constituted under Section 86. |
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What is a “Government establishment” under the Act? |
A corporation, authority, body, local authority or Government company owned, controlled or aided by the Government. |
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Government company in the definition of Government establishment is defined under which law? |
The Companies Act, 2013. |
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What does “high support” mean under the Act? |
Intensive support required by a person with benchmark disability for daily activities and participation in life. |
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What is meant by “inclusive education” under the Act? |
A system where students with and without disabilities learn together with adapted teaching methods. |
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What does “information and communication technology” include? |
Telecom services, web-based services, electronic, print, digital and virtual communication services. |
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What is meant by “institution” under the Act? |
An institution for reception, care, protection, education, training or rehabilitation of persons with disabilities. |
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What bodies are included in the definition of “local authority”? |
Municipality, Panchayat, Cantonment Board and other civic authorities established by law. |
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Cantonment Board mentioned in the definition of local authority is constituted under which law? |
The Cantonments Act, 2006. |
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What does “notification” mean under the Act? |
A notification published in the Official Gazette. |
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Who is a “person with benchmark disability”? |
A person having not less than 40% of a specified disability certified by a certifying authority. |
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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. |
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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. |
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What does the term “prescribed” mean under the Act? |
Prescribed by rules made under the Act. |
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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. |
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Who may specify other establishments as private establishments under the Act? |
The Appropriate Government by notification. |
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What is meant by “public building” under the Act? |
A Government or private building used or accessed by the public at large. |
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Which types of activities may be conducted in a public building? |
Educational, vocational, commercial, religious, cultural, recreational, medical or judicial activities. |
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Are railway stations and airports included in public buildings under the Act? |
Yes, railway stations, bus stands, airports and waterways are included. |
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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. |
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Does “public facilities and services” include access to justice? |
Yes, access to justice is included. |
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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. |
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What is the main purpose of reasonable accommodation? |
To ensure persons with disabilities enjoy rights equally with others. |
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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. |
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Who may form a registered organisation under the Act? |
Persons with disabilities, parents of persons with disabilities or voluntary organisations. |
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What does “rehabilitation” mean under the Act? |
A process aimed at enabling persons with disabilities to attain optimal physical, intellectual, psychological or social functioning. |
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What is the purpose of rehabilitation under the Act? |
To help persons with disabilities maintain optimal functioning and independence. |
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What is a “Special Employment Exchange”? |
An office established by the Government to collect and provide employment information related to persons with disabilities. |
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What information is maintained by a Special Employment Exchange? |
Information about employers, persons with benchmark disabilities seeking jobs and available vacancies. |
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What does “specified disability” mean under the Act? |
Disabilities specified in the Schedule of the Act. |
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What is included in “transportation systems” under the Act? |
Road, rail, air and water transport including last-mile connectivity systems. |
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Does transportation systems include road and street infrastructure? |
Yes, road and street infrastructure is included. |
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What is meant by “universal design” under the Act? |
Design of products, environments and services usable by all people without the need for adaptation. |
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Does universal design apply to assistive devices and advanced technologies? |
Yes, it applies to assistive devices and advanced technologies for persons with disabilities. |
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CHAPTER II |
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RIGHTS AND ENTITLEMENTS |
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Section 3 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Equality and non-discrimination |
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Who shall ensure that persons with disabilities enjoy the right to equality? |
Appropriate Government |
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Persons with disabilities have the right to equality, life with dignity and respect for what? |
Integrity |
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Persons with disabilities must enjoy equality with whom? |
Others |
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The appropriate Government shall take steps to utilise whose capacity? |
Persons with disabilities |
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To utilise the capacity of persons with disabilities, what must be provided? |
Appropriate environment |
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On which ground shall no person with disability be discriminated? |
Ground of disability |
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Discrimination against a person with disability is allowed only if what is shown? |
It is a proportionate means of achieving a legitimate aim |
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What type of act or omission may justify discrimination under Section 3(3)? |
Proportionate means to achieve a legitimate aim |
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A person cannot be deprived of personal liberty only on what ground? |
Disability |
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Who must ensure that persons with disabilities are not deprived of liberty due to disability? |
Law / State |
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What must the appropriate Government ensure for persons with disabilities? |
Reasonable accommodation |
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Reasonable accommodation for persons with disabilities must be ensured by whom? |
Appropriate Government |
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Section 3 promotes equality of persons with disabilities in comparison to whom? |
Other persons |
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The right to life with dignity for persons with disabilities is guaranteed under which section? |
Section 3 |
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Section 3 ensures respect for whose integrity? |
Persons with disabilities |
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Providing a suitable environment helps in utilising whose abilities? |
Persons with disabilities |
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What principle prevents unfair treatment of persons with disabilities? |
Non-discrimination |
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Personal liberty of a person cannot be restricted merely because of what? |
Disability |
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Section 3 mainly focuses on equality, dignity, and what else? |
Non-discrimination |
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Section 4 of the Rights of Persons with Disabilities Act, 2016 deals with whom? |
Women and children with disabilities |
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Who shall take measures to ensure rights of women and children with disabilities? |
Appropriate Government and local authorities |
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Women with disabilities must enjoy their rights equally with whom? |
Others |
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Children with disabilities must enjoy their rights equally with whom? |
Others |
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What must the Government ensure for women with disabilities? |
Equal enjoyment of rights |
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What must the Government ensure for children with disabilities? |
Equal enjoyment of rights |
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Who is responsible for implementing measures under Section 4? |
Appropriate Government and local authorities |
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Children with disabilities have the right to freely do what? |
Express their views |
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Children with disabilities can express their views on what matters? |
All matters affecting them |
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The right to express views by children with disabilities must be given on what basis? |
Equal basis |
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What must be provided to children with disabilities to express their views effectively? |
Appropriate support |
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While providing support to children with disabilities, what must be considered? |
Age and disability |
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Section 4 ensures participation of children with disabilities in what? |
Matters affecting them |
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Who must ensure the right of children with disabilities to express views? |
Appropriate Government and local authorities |
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What principle is ensured for women and children with disabilities under Section 4? |
Equality of rights |
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Section 4 emphasizes protection of which vulnerable groups with disabilities? |
Women and children |
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The views of children with disabilities must be considered with regard to what factors? |
Age and disability |
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Measures under Section 4 aim to ensure equal rights for whom? |
Women and children with disabilities |
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Children with disabilities must be supported to express views in matters affecting whom? |
Themselves |
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Section 4 promotes equal rights and participation of whom? |
Women and children with disabilities |
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Section 5 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Community life |
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Persons with disabilities have the right to live where? |
In the community |
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Who has the right to live in the community under Section 5? |
Persons with disabilities |
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Which authority shall endeavour to ensure community living for persons with disabilities? |
Appropriate Government |
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Persons with disabilities should not be obliged to live in what? |
Any particular living arrangement |
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What should persons with disabilities have access to under Section 5? |
Community support services |
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Persons with disabilities must have access to what types of services? |
In-house, residential and community support services |
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What type of assistance may be provided to support community living? |
Personal assistance |
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Personal assistance is provided to support what? |
Living in the community |
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While providing community support services, what factors must be considered? |
Age and gender |
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Section 5 ensures independence of whom in choosing their living arrangement? |
Persons with disabilities |
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Community support services include what kind of services? |
In-house and residential services |
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The Government must endeavour to ensure what freedom for persons with disabilities? |
Freedom in living arrangements |
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Access to community services must support whose living? |
Persons with disabilities |
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Section 5 promotes inclusion of persons with disabilities in what? |
Community life |
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Persons with disabilities cannot be forced to live in what type of arrangement? |
Particular living arrangement |
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Support services under Section 5 help persons with disabilities to do what? |
Live independently |
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Community living support must consider which personal factors? |
Age and gender |
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Section 5 focuses on integration of persons with disabilities into what? |
Society/community |
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The objective of Section 5 is to ensure community living with what support? |
Necessary support services |
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Section 6 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Protection from cruelty and inhuman treatment |
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Who shall take measures to protect persons with disabilities from torture? |
Appropriate Government |
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Persons with disabilities must be protected from what kinds of treatment? |
Torture, cruel, inhuman or degrading treatment |
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Who must ensure protection of persons with disabilities from cruel treatment? |
Appropriate Government |
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A person with disability cannot be subjected to research without what? |
Free and informed consent |
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Consent for research must be obtained through what modes? |
Accessible modes, means and formats of communication |
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Apart from consent, what else is required before conducting research on a person with disability? |
Prior permission of a Committee for Research on Disability |
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Which committee must give permission for research involving persons with disabilities? |
Committee for Research on Disability |
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Who constitutes the Committee for Research on Disability? |
Appropriate Government |
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At least what proportion of committee members must be persons with disabilities or members of registered organisations? |
Not less than half |
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Members of which organisations may be part of the Research Committee? |
Registered organisations |
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The term “registered organisation” is defined under which section of the Act? |
Section 2(z) |
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What type of consent is mandatory before research on a person with disability? |
Free and informed consent |
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Research on persons with disabilities must ensure consent in what format? |
Accessible communication formats |
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Section 6 ensures protection of persons with disabilities from what? |
Torture and degrading treatment |
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Research involving persons with disabilities requires permission from whom? |
Committee for Research on Disability |
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The Research Committee must be constituted in what manner? |
Prescribed manner |
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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 |
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Section 6 protects the dignity of whom during research activities? |
Persons with disabilities |
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The objective of Section 6 is to prevent cruelty and ensure what in research? |
Ethical protection and consent |
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Section 7 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Protection from abuse, violence and exploitation |
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Who shall take measures to protect persons with disabilities from abuse and violence? |
Appropriate Government |
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Persons with disabilities must be protected from what forms of harm? |
Abuse, violence and exploitation |
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The Government shall take cognizance of incidents of what against persons with disabilities? |
Abuse, violence and exploitation |
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What must be provided against incidents of abuse or violence? |
Legal remedies |
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The Government shall prescribe the procedure for what? |
Reporting incidents of abuse, violence and exploitation |
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What steps must be taken for victims of abuse, violence or exploitation? |
Rescue, protection and rehabilitation |
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The Government must create public awareness about what? |
Protection of persons with disabilities |
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Who may give information about abuse or exploitation of a person with disability? |
Any person or registered organisation |
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To whom can information about such abuse be given? |
Executive Magistrate |
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The Executive Magistrate must act within whose jurisdiction? |
Local jurisdiction where incident occurs |
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What must the Executive Magistrate do upon receiving information of abuse? |
Take immediate steps to stop or prevent it |
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The Executive Magistrate may pass orders for whose protection? |
Person with disability |
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Who may be authorised to rescue the victim? |
Police or organisation working for persons with disabilities |
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The rescued person with disability may be kept in what? |
Safe custody or rehabilitation |
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Protective custody may be provided to the person with disability if what? |
If the person so desires |
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The Executive Magistrate may order what financial support to the victim? |
Maintenance |
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What must a police officer do when receiving a complaint of abuse against a disabled person? |
Inform the aggrieved person of their rights |
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The police must inform the victim about the right to apply for protection before whom? |
Executive Magistrate |
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The police must provide details of what organisations? |
Organisations for rehabilitation of persons with disabilities |
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The police must inform the victim about the right to what legal assistance? |
Free legal aid |
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The victim has the right to file a complaint under which laws? |
This Act or any other applicable law |
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Does Section 7 relieve police from acting on cognizable offences? |
No |
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If the act constitutes an offence under IPC, where may the complaint be forwarded? |
Judicial or Metropolitan Magistrate |
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Who may forward the complaint to the Judicial or Metropolitan Magistrate? |
Executive Magistrate |
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The Executive Magistrate may act if the behaviour constitutes an offence under which law? |
IPC or any other law in force |
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Section 7 emphasizes protection, rescue and what of victims? |
Rehabilitation |
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Awareness regarding protection of persons with disabilities must be created among whom? |
Public |
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Information about abuse may be given even if the act is what? |
Likely to be committed |
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Section 7 aims to ensure safety and protection of whom? |
Persons with disabilities |
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Section 8 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Protection and safety |
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Persons with disabilities are entitled to what kind of protection in situations of risk? |
Equal protection and safety |
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In which situations must persons with disabilities be protected? |
Risk, armed conflict, humanitarian emergencies and natural disasters |
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Who must ensure inclusion of persons with disabilities in disaster management activities? |
National Disaster Management Authority and State Disaster Management Authority |
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Disaster management activities under Section 8 are defined under which Act? |
Disaster Management Act, 2005 |
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Which section of the Disaster Management Act defines disaster management activities referred to in Section 8? |
Section 2(e) |
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Which authority must maintain records of persons with disabilities in a district? |
District Disaster Management Authority |
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The District Disaster Management Authority is constituted under which section of the Disaster Management Act, 2005? |
Section 25 |
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Why must the District Disaster Management Authority maintain records of persons with disabilities? |
To enhance disaster preparedness |
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The District Disaster Management Authority must inform persons with disabilities about what? |
Situations of risk |
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Which authorities must take measures for safety and protection of persons with disabilities during disasters? |
NDMA and SDMA |
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Persons with disabilities must be included in what government activities related to disasters? |
Disaster management activities |
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Reconstruction activities after disasters must follow what requirements? |
Accessibility requirements |
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Reconstruction authorities must consult whom while undertaking reconstruction activities? |
Concerned State Commissioner |
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Accessibility requirements in reconstruction are meant for whom? |
Persons with disabilities |
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Section 8 ensures safety of persons with disabilities during what events? |
Armed conflict and natural disasters |
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Which authority informs persons with disabilities about risk situations in a district? |
District Disaster Management Authority |
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Disaster preparedness for persons with disabilities requires maintaining what? |
Records of persons with disabilities |
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Reconstruction activities must be undertaken according to what principle? |
Accessibility |
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Section 8 ensures safety and protection of whom during disasters? |
Persons with disabilities |
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Section 9 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Home and family |
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Can a child with disability be separated from parents on the ground of disability? |
No |
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Separation of a child with disability from parents can occur only by whose order? |
Competent court |
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Separation from parents must be in whose best interest? |
The child |
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On what ground alone can a child with disability not be separated from parents? |
Disability |
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Who decides the separation of a child with disability from parents? |
Competent court |
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If parents cannot take care of a child with disability, who decides the placement of the child? |
Competent court |
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Where should a child with disability be placed first if parents cannot care for them? |
Near relations |
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If near relations are not available, where should the child be placed? |
Within the community in a family setting |
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In exceptional cases, where may a child with disability be placed? |
Shelter home |
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Shelter homes for such children may be run by whom? |
Appropriate Government or NGO |
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What type of environment is preferred for a child with disability if parents cannot care for them? |
Family setting |
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Which authority ensures proper placement of a child with disability when parents cannot care? |
Competent court |
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Placement within the community must ensure what kind of environment? |
Family environment |
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Shelter homes are considered placement in what type of situations? |
Exceptional cases |
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Section 9 protects the right of a child with disability to what? |
Family life |
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The best interest principle applies to whom under Section 9? |
Child with disability |
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NGOs may run shelter homes for whom? |
Children with disabilities |
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The competent court ensures care and protection of whom? |
Child with disability |
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Section 9 aims to ensure care of children with disabilities within what system? |
Family or community system |
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Section 10 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Reproductive rights |
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Who shall ensure access to information on reproductive and family planning for persons with disabilities? |
Appropriate Government |
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Persons with disabilities must have access to what type of information regarding reproduction? |
Appropriate information |
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Information provided to persons with disabilities must relate to what subjects? |
Reproductive and family planning |
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Access to reproductive information must be ensured for whom? |
Persons with disabilities |
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Can a person with disability be subjected to a medical procedure causing infertility without consent? |
No |
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What type of consent is required before a medical procedure leading to infertility? |
Free and informed consent |
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Who must give consent for a medical procedure leading to infertility? |
Person with disability |
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Section 10 protects the reproductive rights of whom? |
Persons with disabilities |
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Medical procedures causing infertility without consent violate which section? |
Section 10 |
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What type of rights are ensured under Section 10? |
Reproductive rights |
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The Government must ensure access to information about what type of planning? |
Family planning |
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Consent required under Section 10 must be what kind? |
Free and informed |
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Section 10 prevents forced what medical outcome for persons with disabilities? |
Infertility |
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The purpose of Section 10 is to protect the reproductive autonomy of whom? |
Persons with disabilities |
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Section 11 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Accessibility in voting |
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Who must ensure accessibility of polling stations for persons with disabilities? |
Election Commission of India and State Election Commissions |
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Polling stations must be accessible to whom? |
Persons with disabilities |
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Which authorities are responsible for ensuring accessible voting facilities? |
Election Commission of India and State Election Commissions |
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What must be ensured at all polling stations under Section 11? |
Accessibility |
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Electoral materials must be easily understandable by whom? |
Persons with disabilities |
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Materials related to the electoral process must be what for persons with disabilities? |
Accessible |
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Section 11 ensures participation of persons with disabilities in what process? |
Electoral process |
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Voting accessibility must be ensured by which constitutional body at the national level? |
Election Commission of India |
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Voting accessibility at the state level must be ensured by whom? |
State Election Commissions |
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What type of materials must be accessible for disabled voters? |
Electoral process materials |
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Section 11 promotes equal participation of persons with disabilities in what? |
Voting |
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Accessibility in polling stations ensures what right of persons with disabilities? |
Right to vote |
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Electoral information must be designed to be easily understandable for whom? |
Persons with disabilities |
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The objective of Section 11 is to ensure inclusive participation of whom in elections? |
Persons with disabilities |
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Section 12 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Access to justice |
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Who shall ensure that persons with disabilities can access courts and tribunals? |
Appropriate Government |
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Persons with disabilities must be able to access judicial bodies without what? |
Discrimination on the basis of disability |
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Which bodies must be accessible to persons with disabilities under Section 12? |
Court, tribunal, authority, commission or other judicial bodies |
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The right to access justice includes access to bodies having what powers? |
Judicial, quasi-judicial or investigative powers |
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The Government must provide what measures to help persons with disabilities exercise legal rights? |
Suitable support measures |
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Special support must be provided particularly to whom? |
Persons with disabilities living outside family or requiring high support |
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Which authority must ensure legal services access for persons with disabilities at the national level? |
National Legal Services Authority |
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Which authorities must ensure access to legal schemes at the state level? |
State Legal Services Authorities |
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NALSA and SALSA are constituted under which Act? |
Legal Services Authorities Act, 1987 |
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Legal service authorities must provide what to ensure equal access for disabled persons? |
Reasonable accommodation |
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Persons with disabilities must have equal access to what offered by legal service authorities? |
Schemes, programmes, facilities and services |
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Public documents must be available in what formats? |
Accessible formats |
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Filing departments and registries must be equipped for what purpose? |
Handling documents in accessible formats |
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Offices of records must have equipment for filing, storing and referring to what? |
Documents and evidence in accessible formats |
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The Government must provide facilities for recording what from persons with disabilities? |
Testimonies, arguments or opinions |
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Testimonies of persons with disabilities must be recorded in what manner? |
Preferred language and means of communication |
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Accessibility of justice includes accessible what in courts and offices? |
Documents and records |
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Section 12 promotes equal legal participation of whom? |
Persons with disabilities |
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The objective of Section 12 is to ensure equal what for persons with disabilities? |
Access to justice |
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Section 13 of the Rights of Persons with Disabilities Act, 2016 deals with what? |
Legal capacity |
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Who shall ensure that persons with disabilities can own or inherit property? |
Appropriate Government |
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Persons with disabilities have the right to own or inherit what type of property? |
Movable or immovable property |
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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 |
|
|
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CHAPTER III |
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|
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 |
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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 |
|
|
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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 |
|
|
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|
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 |
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|
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 |
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|
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. |
|
|
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|
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 |
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|
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. |
|
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|
|
CHAPTER XIV |
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|
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 |
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|
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. |
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|
|
|
CHAPTER XVI |
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|
OFFENCES AND PENALTIES |
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|
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. |
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What is the main purpose of Section 95? |
To avoid double punishment and ensure the maximum penalty is applied. |
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CHAPTER XVII |
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MISCELLANEOUS |
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Which sec deals with ‘Application of other laws not barred’? |
Section 96 |
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Does the RPWD Act override other laws? |
No, its provisions are in addition to other existing laws. |
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What is the main purpose of Section 96? |
To clarify that the Act supplements, not derogates from, other laws. |
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Which sec deals with ‘Protection of action taken in good faith’? |
Section 97 |
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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. |
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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. |
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What type of actions are protected under Section 97? |
Actions done or intended to be done in good faith under the Act or rules. |
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Are officers of the Chief Commissioner protected for actions in good faith? |
Yes, they are protected from suits, prosecutions, or legal proceedings. |
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Are State Commissioner’s employees protected for good faith actions? |
Yes, they are protected under Section 97. |
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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. |
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What is the objective of Section 97? |
To protect government authorities from legal liability for bona fide actions under the Act. |
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Does Section 97 provide immunity from legal proceedings? |
Yes, for actions taken in good faith under the Act or rules. |
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Which sec deals with ‘Power to remove difficulties’? |
Section 98 |
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Who has the power to remove difficulties in implementing the RPWD Act? |
The Central Government. |
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How does the Central Government remove difficulties under Section 98? |
By issuing an order published in the Official Gazette. |
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What condition must the order under Section 98 satisfy? |
It must not be inconsistent with the provisions of the Act. |
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What is the time limit for exercising the power to remove difficulties? |
Within two years from the commencement of the Act. |
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Where must the order removing difficulties be placed? |
Before each House of Parliament. |
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What is the purpose of Section 98? |
To enable the Central Government to remove implementation difficulties in the Act. |
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Can the Central Government issue directions to remove difficulties? |
Yes, if necessary or expedient and consistent with the Act. |
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How are Parliament members informed about such orders? |
The order must be laid before both Houses of Parliament. |
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Which sec deals with ‘Power to amend Schedule’? |
Section 99 |
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Who has the power to amend the Schedule under the RPWD Act? |
The Central Government. |
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How can the Schedule be amended under Section 99? |
By notification issued by the Central Government. |
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On whose recommendation can the Schedule be amended? |
On recommendations of the appropriate Government or otherwise. |
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When does the Schedule stand amended? |
When the Central Government issues the notification. |
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Where must the notification amending the Schedule be laid? |
Before each House of Parliament. |
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What condition must the Central Government satisfy before amending the Schedule? |
It must consider the amendment necessary or expedient. |
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What is the purpose of Section 99? |
To empower the Central Government to modify the Schedule of the Act. |
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How is parliamentary oversight ensured for Schedule amendments? |
The notification must be laid before both Houses of Parliament. |
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Who has the power to make rules under the RPWD Act? |
The Central Government. |
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Which sec deals with ‘Power of Central Government to make rules’? |
Section 100 |
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How are rules made under Section 100? |
By notification after previous publication. |
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What is the purpose of rules made under Section 100? |
To carry out the provisions of the Act. |
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What matters may be prescribed by rules under Section 100? |
Matters relating to committees, policies, records, procedures, funds, and administration under the Act. |
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Can rules be made regarding accessibility standards? |
Yes, under Section 40 through rules made by the Central Government. |
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Can rules prescribe the procedure for disability certificates? |
Yes, the application manner and form of certificate can be prescribed. |
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Can rules regulate the salaries and service conditions of the Chief Commissioner? |
Yes, rules may prescribe salaries, allowances, and service conditions. |
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Can rules regulate utilisation and management of the National Fund? |
Yes, rules may prescribe the procedure for utilisation and management of the Fund. |
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Where must the rules made under the Act be placed? |
Before each House of Parliament. |
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For how long must rules be laid before Parliament? |
For a total period of 30 days during one or more sessions. |
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Can Parliament modify or annul the rules? |
Yes, both Houses may modify or annul the rules. |
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What happens if Parliament modifies the rule? |
The rule will have effect only in the modified form. |
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What happens if Parliament annuls the rule? |
The rule will cease to have effect. |
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Does modification or annulment affect prior actions under the rule? |
No, prior actions remain valid. |
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What is the main objective of Section 100? |
To empower the Central Government to frame rules for effective implementation of the Act. |
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Which sec deals with ‘Power of State Government to make rules’? |
Section 101 |
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Who has the power to make rules under Section 101? |
The State Government. |
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How are rules made by the State Government under this Act? |
By notification subject to previous publication. |
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Within what time should the State Government make rules after commencement of the Act? |
Within six months from the commencement of the Act. |
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What is the purpose of rules made by the State Government? |
To carry out the provisions of the Act at the State level. |
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Can rules prescribe the manner of constituting the Committee for Research on Disability? |
Yes, under Section 5(2). |
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Can rules regulate the provision of limited guardianship? |
Yes, the manner of providing support of a limited guardian may be prescribed. |
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Can rules prescribe the procedure for registration of institutions for persons with disabilities? |
Yes, including application form, facilities, standards, and validity of registration. |
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Can rules specify the appeal process against orders of certifying authorities? |
Yes, including time and manner of appeal. |
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Can rules regulate allowances of State Advisory Board members? |
Yes, allowances and meeting procedures may be prescribed. |
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Can rules determine composition and functions of the District Level Committee? |
Yes, under Section 72. |
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Can rules prescribe salaries and service conditions of the State Commissioner and staff? |
Yes, salaries, allowances, and service conditions may be prescribed. |
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Can rules regulate the composition of the advisory committee assisting the State Commissioner? |
Yes, the composition and appointment of experts may be prescribed. |
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Can rules prescribe the form and manner of annual and special reports of the State Commissioner? |
Yes, under Section 83(3). |
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Can rules fix remuneration for the Special Public Prosecutor? |
Yes, under Section 85(2). |
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Can rules regulate the constitution and management of the State Fund for persons with disabilities? |
Yes, under Section 88. |
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Where must the rules made by the State Government be laid? |
Before the State Legislature (both Houses or the single House). |
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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. |
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Which sec deals with ‘Repeal and savings’? |
Section 102 |
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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. |
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Under which section is the 1995 Disabilities Act repealed? |
Section 102 of the RPWD Act, 2016. |
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What is the short title of the repealed 1995 law? |
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. |
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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. |
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Does repeal of the 1995 Act invalidate actions taken under it? |
No, such actions remain valid. |
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What principle is reflected in Section 102(2)? |
The principle of “repeal with saving clause.” |
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What is meant by “savings” under Section 102? |
Actions taken under the repealed Act continue to remain valid under the new Act. |
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What is the purpose of the saving clause in Section 102? |
To ensure continuity of legal actions and decisions. |
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Does Section 102 protect actions already taken under the 1995 Act? |
Yes, they are deemed to be taken under the new Act. |
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What is the main objective of Section 102 of the RPWD Act, 2016? |
To repeal the 1995 Act while saving actions taken under it. |
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After repeal, under which Act will earlier actions be treated? |
Under the corresponding provisions of the RPWD Act, 2016. |
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Does Section 102 ensure legal continuity after repeal? |
Yes, it preserves past actions under the new law. |