Free One Liner Notes · Rights Of Persons With Disabilities Act, 2016 One Liner Notes
Rights Of Persons With Disabilities Act, 2016 One Liner Notes
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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. |
Which international convention is implemented through the Rights of Persons with Disabilities Act, 2016? | United Nations Convention on the Rights of Persons with Disabilities. |
Which body adopted the Convention on the Rights of Persons with Disabilities? | United Nations General Assembly. |
On which date was the Convention on the Rights of Persons with Disabilities adopted? | 13 December 2006. |
When did India ratify the Convention on the Rights of Persons with Disabilities? | 1 October 2007. |
What is one core principle of the Convention regarding persons with disabilities? | Respect for inherent dignity and individual autonomy. |
What principle ensures equal treatment of persons with disabilities? | Non-discrimination. |
What principle ensures participation of persons with disabilities in society? | Full and effective participation and inclusion in society. |
What principle recognizes persons with disabilities as part of human diversity? | Respect for difference and acceptance of persons with disabilities. |
Which principle ensures equal chances for persons with disabilities? | Equality of opportunity. |
Which principle focuses on removing barriers for persons with disabilities? | Accessibility. |
Which principle promotes gender equality among persons with disabilities? | Equality between men and women. |
Which principle protects the identity and development of children with disabilities? | Respect for evolving capacities of children with disabilities. |
In which year was the Rights of Persons with Disabilities Act enacted? | 2016. |
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CHAPTER I | |
PRELIMINARY | |
Under which section is the short title of the Act provided? | Section 1 |
What is the short title of the Act under Section 1(1)? | The Rights of Persons with Disabilities Act, 2016. |
Who has the power to appoint the date of commencement of the Act? | The Central Government. |
By what method does the Central Government bring the Act into force? | By notification in the Official Gazette. |
Which section deals with commencement of the Act? | Section 1(2). |
The Rights of Persons with Disabilities Act, 2016 was enacted in which year of the Republic of India? | Sixty-seventh year of the Republic of India. |
Under which section are definitions provided in the Rights of Persons with Disabilities Act, 2016? | Section 2. |
What does “appellate authority” mean under the Act? | An authority notified or designated under Sections 14(3), 53(1), or 59(1). |
Under which section can an appellate authority be notified regarding guardianship matters? | Section 14(3). |
Under which section can an appellate authority be notified regarding special employment exchange matters? | Section 53(1). |
Under which section can an appellate authority be designated for appeal against the decision of the Chief Commissioner or State Commissioner? | Section 59(1). |
What does “appropriate Government” mean under the Act? | The Central Government or the State Government depending on the establishment concerned. |
Who is the appropriate Government for establishments financed by the Central Government? | The Central Government. |
Who is the appropriate Government for establishments financed by a State Government? | The State Government. |
Who is the appropriate Government for a Cantonment Board? | The Central Government. |
A Cantonment Board is constituted under which Act? | The Cantonments Act, 2006. |
Which government is the appropriate Government for a local authority other than a Cantonment Board? | The State Government. |
What does the term “barrier” mean under the Act? | Any factor that hampers full and effective participation of persons with disabilities in society. |
Which type of barrier relates to communication difficulties? | Communicational barrier. |
Which barrier arises from social beliefs or traditions? | Cultural barrier. |
Which barrier arises due to lack of financial resources? | Economic barrier. |
Which barrier arises due to surroundings or infrastructure? | Environmental barrier. |
Which barrier arises from policies or systems of organizations? | Institutional barrier. |
Which barrier arises from government policies or political systems? | Political barrier. |
Which barrier arises from societal attitudes or prejudices? | Attitudinal barrier. |
Which barrier relates to physical or structural obstacles? | Structural barrier. |
Who is a “care-giver” under the Rights of Persons with Disabilities Act, 2016? | Any person including parents or family members who provides care, support or assistance to a person with disability with or without payment. |
What does “certifying authority” mean under the Act? | An authority designated under Section 57(1). |
What does the term “communication” include under the Act? | Means and formats such as languages, Braille, sign language, large print, accessible multimedia, audio, video, visual displays and ICT. |
Which section provides for appointment of a “competent authority”? | Section 49. |
What is meant by “competent authority” under the Act? | An authority appointed under Section 49. |
What is “discrimination” in relation to disability under the Act? | Any distinction, exclusion or restriction based on disability that impairs equal enjoyment of human rights and freedoms. |
What does discrimination under the Act include besides exclusion and restriction? | All forms of discrimination and denial of reasonable accommodation. |
What does the term “establishment” include under the Act? | Government establishment and private establishment. |
What does “Fund” mean under the Act? | The National Fund constituted under Section 86. |
What is a “Government establishment” under the Act? | A corporation, authority, body, local authority or Government company owned, controlled or aided by the Government. |
Government company in the definition of Government establishment is defined under which law? | The Companies Act, 2013. |
What does “high support” mean under the Act? | Intensive support required by a person with benchmark disability for daily activities and participation in life. |
What is meant by “inclusive education” under the Act? | A system where students with and without disabilities learn together with adapted teaching methods. |
What does “information and communication technology” include? | Telecom services, web-based services, electronic, print, digital and virtual communication services. |
What is meant by “institution” under the Act? | An institution for reception, care, protection, education, training or rehabilitation of persons with disabilities. |
What bodies are included in the definition of “local authority”? | Municipality, Panchayat, Cantonment Board and other civic authorities established by law. |
Cantonment Board mentioned in the definition of local authority is constituted under which law? | The Cantonments Act, 2006. |
What does “notification” mean under the Act? | A notification published in the Official Gazette. |
Who is a “person with benchmark disability”? | A person having not less than 40% of a specified disability certified by a certifying authority. |
Who is a “person with disability” under the Act? | A person with long-term physical, mental, intellectual or sensory impairment which hinders participation in society. |
Who is a “person with disability having high support needs”? | A person with benchmark disability certified under Section 58(2)(a) who requires high support. |
What does the term “prescribed” mean under the Act? | Prescribed by rules made under the Act. |
What is a “private establishment” under the Rights of Persons with Disabilities Act, 2016? | A company, firm, cooperative, society, trust, association, institution, organisation, union, factory or other establishment specified by the appropriate Government. |
Who may specify other establishments as private establishments under the Act? | The Appropriate Government by notification. |
What is meant by “public building” under the Act? | A Government or private building used or accessed by the public at large. |
Which types of activities may be conducted in a public building? | Educational, vocational, commercial, religious, cultural, recreational, medical or judicial activities. |
Are railway stations and airports included in public buildings under the Act? | Yes, railway stations, bus stands, airports and waterways are included. |
What does “public facilities and services” include under the Act? | All forms of services delivered to the public such as housing, education, employment, healthcare, banking and transportation. |
Does “public facilities and services” include access to justice? | Yes, access to justice is included. |
What is meant by “reasonable accommodation” under the Act? | Necessary and appropriate modifications without imposing disproportionate or undue burden to ensure equal rights for persons with disabilities. |
What is the main purpose of reasonable accommodation? | To ensure persons with disabilities enjoy rights equally with others. |
What is a “registered organisation” under the Act? | An association, NGO, trust, society or non-profit company working for the welfare of persons with disabilities and registered under law. |
Who may form a registered organisation under the Act? | Persons with disabilities, parents of persons with disabilities or voluntary organisations. |
What does “rehabilitation” mean under the Act? | A process aimed at enabling persons with disabilities to attain optimal physical, intellectual, psychological or social functioning. |
What is the purpose of rehabilitation under the Act? | To help persons with disabilities maintain optimal functioning and independence. |
What is a “Special Employment Exchange”? | An office established by the Government to collect and provide employment information related to persons with disabilities. |
What information is maintained by a Special Employment Exchange? | Information about employers, persons with benchmark disabilities seeking jobs and available vacancies. |
What does “specified disability” mean under the Act? | Disabilities specified in the Schedule of the Act. |
What is included in “transportation systems” under the Act? | Road, rail, air and water transport including last-mile connectivity systems. |
Does transportation systems include road and street infrastructure? | Yes, road and street infrastructure is included. |
What is meant by “universal design” under the Act? | Design of products, environments and services usable by all people without the need for adaptation. |
Does universal design apply to assistive devices and advanced technologies? | Yes, it applies to assistive devices and advanced technologies for persons with disabilities. |
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CHAPTER II | |
RIGHTS AND ENTITLEMENTS | |
Section 3 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Equality and non-discrimination |
Who shall ensure that persons with disabilities enjoy the right to equality? | Appropriate Government |
Persons with disabilities have the right to equality, life with dignity and respect for what? | Integrity |
Persons with disabilities must enjoy equality with whom? | Others |
The appropriate Government shall take steps to utilise whose capacity? | Persons with disabilities |
To utilise the capacity of persons with disabilities, what must be provided? | Appropriate environment |
On which ground shall no person with disability be discriminated? | Ground of disability |
Discrimination against a person with disability is allowed only if what is shown? | It is a proportionate means of achieving a legitimate aim |
What type of act or omission may justify discrimination under Section 3(3)? | Proportionate means to achieve a legitimate aim |
A person cannot be deprived of personal liberty only on what ground? | Disability |
Who must ensure that persons with disabilities are not deprived of liberty due to disability? | Law / State |
What must the appropriate Government ensure for persons with disabilities? | Reasonable accommodation |
Reasonable accommodation for persons with disabilities must be ensured by whom? | Appropriate Government |
Section 3 promotes equality of persons with disabilities in comparison to whom? | Other persons |
The right to life with dignity for persons with disabilities is guaranteed under which section? | Section 3 |
Section 3 ensures respect for whose integrity? | Persons with disabilities |
Providing a suitable environment helps in utilising whose abilities? | Persons with disabilities |
What principle prevents unfair treatment of persons with disabilities? | Non-discrimination |
Personal liberty of a person cannot be restricted merely because of what? | Disability |
Section 3 mainly focuses on equality, dignity, and what else? | Non-discrimination |
Section 4 of the Rights of Persons with Disabilities Act, 2016 deals with whom? | Women and children with disabilities |
Who shall take measures to ensure rights of women and children with disabilities? | Appropriate Government and local authorities |
Women with disabilities must enjoy their rights equally with whom? | Others |
Children with disabilities must enjoy their rights equally with whom? | Others |
What must the Government ensure for women with disabilities? | Equal enjoyment of rights |
What must the Government ensure for children with disabilities? | Equal enjoyment of rights |
Who is responsible for implementing measures under Section 4? | Appropriate Government and local authorities |
Children with disabilities have the right to freely do what? | Express their views |
Children with disabilities can express their views on what matters? | All matters affecting them |
The right to express views by children with disabilities must be given on what basis? | Equal basis |
What must be provided to children with disabilities to express their views effectively? | Appropriate support |
While providing support to children with disabilities, what must be considered? | Age and disability |
Section 4 ensures participation of children with disabilities in what? | Matters affecting them |
Who must ensure the right of children with disabilities to express views? | Appropriate Government and local authorities |
What principle is ensured for women and children with disabilities under Section 4? | Equality of rights |
Section 4 emphasizes protection of which vulnerable groups with disabilities? | Women and children |
The views of children with disabilities must be considered with regard to what factors? | Age and disability |
Measures under Section 4 aim to ensure equal rights for whom? | Women and children with disabilities |
Children with disabilities must be supported to express views in matters affecting whom? | Themselves |
Section 4 promotes equal rights and participation of whom? | Women and children with disabilities |
Section 5 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Community life |
Persons with disabilities have the right to live where? | In the community |
Who has the right to live in the community under Section 5? | Persons with disabilities |
Which authority shall endeavour to ensure community living for persons with disabilities? | Appropriate Government |
Persons with disabilities should not be obliged to live in what? | Any particular living arrangement |
What should persons with disabilities have access to under Section 5? | Community support services |
Persons with disabilities must have access to what types of services? | In-house, residential and community support services |
What type of assistance may be provided to support community living? | Personal assistance |
Personal assistance is provided to support what? | Living in the community |
While providing community support services, what factors must be considered? | Age and gender |
Section 5 ensures independence of whom in choosing their living arrangement? | Persons with disabilities |
Community support services include what kind of services? | In-house and residential services |
The Government must endeavour to ensure what freedom for persons with disabilities? | Freedom in living arrangements |
Access to community services must support whose living? | Persons with disabilities |
Section 5 promotes inclusion of persons with disabilities in what? | Community life |
Persons with disabilities cannot be forced to live in what type of arrangement? | Particular living arrangement |
Support services under Section 5 help persons with disabilities to do what? | Live independently |
Community living support must consider which personal factors? | Age and gender |
Section 5 focuses on integration of persons with disabilities into what? | Society/community |
The objective of Section 5 is to ensure community living with what support? | Necessary support services |
Section 6 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Protection from cruelty and inhuman treatment |
Who shall take measures to protect persons with disabilities from torture? | Appropriate Government |
Persons with disabilities must be protected from what kinds of treatment? | Torture, cruel, inhuman or degrading treatment |
Who must ensure protection of persons with disabilities from cruel treatment? | Appropriate Government |
A person with disability cannot be subjected to research without what? | Free and informed consent |
Consent for research must be obtained through what modes? | Accessible modes, means and formats of communication |
Apart from consent, what else is required before conducting research on a person with disability? | Prior permission of a Committee for Research on Disability |
Which committee must give permission for research involving persons with disabilities? | Committee for Research on Disability |
Who constitutes the Committee for Research on Disability? | Appropriate Government |
At least what proportion of committee members must be persons with disabilities or members of registered organisations? | Not less than half |
Members of which organisations may be part of the Research Committee? | Registered organisations |
The term “registered organisation” is defined under which section of the Act? | Section 2(z) |
What type of consent is mandatory before research on a person with disability? | Free and informed consent |
Research on persons with disabilities must ensure consent in what format? | Accessible communication formats |
Section 6 ensures protection of persons with disabilities from what? | Torture and degrading treatment |
Research involving persons with disabilities requires permission from whom? | Committee for Research on Disability |
The Research Committee must be constituted in what manner? | Prescribed manner |
What safeguard ensures representation of persons with disabilities in the Research Committee? | At least half members must be persons with disabilities or from registered organisations |
Section 6 protects the dignity of whom during research activities? | Persons with disabilities |
The objective of Section 6 is to prevent cruelty and ensure what in research? | Ethical protection and consent |
Section 7 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Protection from abuse, violence and exploitation |
Who shall take measures to protect persons with disabilities from abuse and violence? | Appropriate Government |
Persons with disabilities must be protected from what forms of harm? | Abuse, violence and exploitation |
The Government shall take cognizance of incidents of what against persons with disabilities? | Abuse, violence and exploitation |
What must be provided against incidents of abuse or violence? | Legal remedies |
The Government shall prescribe the procedure for what? | Reporting incidents of abuse, violence and exploitation |
What steps must be taken for victims of abuse, violence or exploitation? | Rescue, protection and rehabilitation |
The Government must create public awareness about what? | Protection of persons with disabilities |
Who may give information about abuse or exploitation of a person with disability? | Any person or registered organisation |
To whom can information about such abuse be given? | Executive Magistrate |
The Executive Magistrate must act within whose jurisdiction? | Local jurisdiction where incident occurs |
What must the Executive Magistrate do upon receiving information of abuse? | Take immediate steps to stop or prevent it |
The Executive Magistrate may pass orders for whose protection? | Person with disability |
Who may be authorised to rescue the victim? | Police or organisation working for persons with disabilities |
The rescued person with disability may be kept in what? | Safe custody or rehabilitation |
Protective custody may be provided to the person with disability if what? | If the person so desires |
The Executive Magistrate may order what financial support to the victim? | Maintenance |
What must a police officer do when receiving a complaint of abuse against a disabled person? | Inform the aggrieved person of their rights |
The police must inform the victim about the right to apply for protection before whom? | Executive Magistrate |
The police must provide details of what organisations? | Organisations for rehabilitation of persons with disabilities |
The police must inform the victim about the right to what legal assistance? | Free legal aid |
The victim has the right to file a complaint under which laws? | This Act or any other applicable law |
Does Section 7 relieve police from acting on cognizable offences? | No |
If the act constitutes an offence under IPC, where may the complaint be forwarded? | Judicial or Metropolitan Magistrate |
Who may forward the complaint to the Judicial or Metropolitan Magistrate? | Executive Magistrate |
The Executive Magistrate may act if the behaviour constitutes an offence under which law? | IPC or any other law in force |
Section 7 emphasizes protection, rescue and what of victims? | Rehabilitation |
Awareness regarding protection of persons with disabilities must be created among whom? | Public |
Information about abuse may be given even if the act is what? | Likely to be committed |
Section 7 aims to ensure safety and protection of whom? | Persons with disabilities |
Section 8 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Protection and safety |
Persons with disabilities are entitled to what kind of protection in situations of risk? | Equal protection and safety |
In which situations must persons with disabilities be protected? | Risk, armed conflict, humanitarian emergencies and natural disasters |
Who must ensure inclusion of persons with disabilities in disaster management activities? | National Disaster Management Authority and State Disaster Management Authority |
Disaster management activities under Section 8 are defined under which Act? | Disaster Management Act, 2005 |
Which section of the Disaster Management Act defines disaster management activities referred to in Section 8? | Section 2(e) |
Which authority must maintain records of persons with disabilities in a district? | District Disaster Management Authority |
The District Disaster Management Authority is constituted under which section of the Disaster Management Act, 2005? | Section 25 |
Why must the District Disaster Management Authority maintain records of persons with disabilities? | To enhance disaster preparedness |
The District Disaster Management Authority must inform persons with disabilities about what? | Situations of risk |
Which authorities must take measures for safety and protection of persons with disabilities during disasters? | NDMA and SDMA |
Persons with disabilities must be included in what government activities related to disasters? | Disaster management activities |
Reconstruction activities after disasters must follow what requirements? | Accessibility requirements |
Reconstruction authorities must consult whom while undertaking reconstruction activities? | Concerned State Commissioner |
Accessibility requirements in reconstruction are meant for whom? | Persons with disabilities |
Section 8 ensures safety of persons with disabilities during what events? | Armed conflict and natural disasters |
Which authority informs persons with disabilities about risk situations in a district? | District Disaster Management Authority |
Disaster preparedness for persons with disabilities requires maintaining what? | Records of persons with disabilities |
Reconstruction activities must be undertaken according to what principle? | Accessibility |
Section 8 ensures safety and protection of whom during disasters? | Persons with disabilities |
Section 9 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Home and family |
Can a child with disability be separated from parents on the ground of disability? | No |
Separation of a child with disability from parents can occur only by whose order? | Competent court |
Separation from parents must be in whose best interest? | The child |
On what ground alone can a child with disability not be separated from parents? | Disability |
Who decides the separation of a child with disability from parents? | Competent court |
If parents cannot take care of a child with disability, who decides the placement of the child? | Competent court |
Where should a child with disability be placed first if parents cannot care for them? | Near relations |
If near relations are not available, where should the child be placed? | Within the community in a family setting |
In exceptional cases, where may a child with disability be placed? | Shelter home |
Shelter homes for such children may be run by whom? | Appropriate Government or NGO |
What type of environment is preferred for a child with disability if parents cannot care for them? | Family setting |
Which authority ensures proper placement of a child with disability when parents cannot care? | Competent court |
Placement within the community must ensure what kind of environment? | Family environment |
Shelter homes are considered placement in what type of situations? | Exceptional cases |
Section 9 protects the right of a child with disability to what? | Family life |
The best interest principle applies to whom under Section 9? | Child with disability |
NGOs may run shelter homes for whom? | Children with disabilities |
The competent court ensures care and protection of whom? | Child with disability |
Section 9 aims to ensure care of children with disabilities within what system? | Family or community system |
Section 10 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Reproductive rights |
Who shall ensure access to information on reproductive and family planning for persons with disabilities? | Appropriate Government |
Persons with disabilities must have access to what type of information regarding reproduction? | Appropriate information |
Information provided to persons with disabilities must relate to what subjects? | Reproductive and family planning |
Access to reproductive information must be ensured for whom? | Persons with disabilities |
Can a person with disability be subjected to a medical procedure causing infertility without consent? | No |
What type of consent is required before a medical procedure leading to infertility? | Free and informed consent |
Who must give consent for a medical procedure leading to infertility? | Person with disability |
Section 10 protects the reproductive rights of whom? | Persons with disabilities |
Medical procedures causing infertility without consent violate which section? | Section 10 |
What type of rights are ensured under Section 10? | Reproductive rights |
The Government must ensure access to information about what type of planning? | Family planning |
Consent required under Section 10 must be what kind? | Free and informed |
Section 10 prevents forced what medical outcome for persons with disabilities? | Infertility |
The purpose of Section 10 is to protect the reproductive autonomy of whom? | Persons with disabilities |
Section 11 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Accessibility in voting |
Who must ensure accessibility of polling stations for persons with disabilities? | Election Commission of India and State Election Commissions |
Polling stations must be accessible to whom? | Persons with disabilities |
Which authorities are responsible for ensuring accessible voting facilities? | Election Commission of India and State Election Commissions |
What must be ensured at all polling stations under Section 11? | Accessibility |
Electoral materials must be easily understandable by whom? | Persons with disabilities |
Materials related to the electoral process must be what for persons with disabilities? | Accessible |
Section 11 ensures participation of persons with disabilities in what process? | Electoral process |
Voting accessibility must be ensured by which constitutional body at the national level? | Election Commission of India |
Voting accessibility at the state level must be ensured by whom? | State Election Commissions |
What type of materials must be accessible for disabled voters? | Electoral process materials |
Section 11 promotes equal participation of persons with disabilities in what? | Voting |
Accessibility in polling stations ensures what right of persons with disabilities? | Right to vote |
Electoral information must be designed to be easily understandable for whom? | Persons with disabilities |
The objective of Section 11 is to ensure inclusive participation of whom in elections? | Persons with disabilities |
Section 12 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Access to justice |
Who shall ensure that persons with disabilities can access courts and tribunals? | Appropriate Government |
Persons with disabilities must be able to access judicial bodies without what? | Discrimination on the basis of disability |
Which bodies must be accessible to persons with disabilities under Section 12? | Court, tribunal, authority, commission or other judicial bodies |
The right to access justice includes access to bodies having what powers? | Judicial, quasi-judicial or investigative powers |
The Government must provide what measures to help persons with disabilities exercise legal rights? | Suitable support measures |
Special support must be provided particularly to whom? | Persons with disabilities living outside family or requiring high support |
Which authority must ensure legal services access for persons with disabilities at the national level? | National Legal Services Authority |
Which authorities must ensure access to legal schemes at the state level? | State Legal Services Authorities |
NALSA and SALSA are constituted under which Act? | Legal Services Authorities Act, 1987 |
Legal service authorities must provide what to ensure equal access for disabled persons? | Reasonable accommodation |
Persons with disabilities must have equal access to what offered by legal service authorities? | Schemes, programmes, facilities and services |
Public documents must be available in what formats? | Accessible formats |
Filing departments and registries must be equipped for what purpose? | Handling documents in accessible formats |
Offices of records must have equipment for filing, storing and referring to what? | Documents and evidence in accessible formats |
The Government must provide facilities for recording what from persons with disabilities? | Testimonies, arguments or opinions |
Testimonies of persons with disabilities must be recorded in what manner? | Preferred language and means of communication |
Accessibility of justice includes accessible what in courts and offices? | Documents and records |
Section 12 promotes equal legal participation of whom? | Persons with disabilities |
The objective of Section 12 is to ensure equal what for persons with disabilities? | Access to justice |
Section 13 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Legal capacity |
Who shall ensure that persons with disabilities can own or inherit property? | Appropriate Government |
Persons with disabilities have the right to own or inherit what type of property? | Movable or immovable property |
Persons with disabilities have the right to control what affairs? | Financial affairs |
Persons with disabilities must have access to what financial facilities? | Bank loans, mortgages and financial credit |
Legal capacity of persons with disabilities must be ensured on what basis? | Equal basis with others |
Persons with disabilities must have legal capacity in which areas of life? | All aspects of life |
Persons with disabilities have the right to equal recognition before what? | Law |
When must a supporting person abstain from providing support? | When there is a conflict of interest |
Conflict of interest may arise in what type of transactions? | Financial, property or economic transactions |
Does relationship by blood automatically create conflict of interest? | No |
Relationship by blood, affinity or adoption creates what presumption regarding conflict? | No presumption of conflict |
Can a person with disability change a support arrangement? | Yes |
A person with disability may alter, modify or dismantle what? | Support arrangement |
Changes in support arrangement will operate in what manner? | Prospectively |
Alteration of support arrangement affects what type of past transactions? | It does not nullify third-party transactions |
A supporting person must not exercise what over a person with disability? | Undue influence |
Supporting persons must respect what values of persons with disabilities? | Autonomy, dignity and privacy |
Section 13 ensures financial and legal independence of whom? | Persons with disabilities |
The purpose of Section 13 is to ensure equal legal recognition and what rights? | Property and financial rights |
Section 14 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Provision for guardianship |
Who may be provided a limited guardian under Section 14? | A person with disability unable to take legally binding decisions despite adequate support |
Which authority decides on granting limited guardianship? | District Court or designated authority notified by the State Government |
Limited guardianship operates in consultation with whom? | Person with disability |
Who prescribes the manner of limited guardianship? | State Government |
What type of support may be granted repeatedly if required? | Total or limited support |
Decisions regarding repeated limited guardianship are reviewed by whom? | Court or designated authority |
“Limited guardianship” means what type of decision-making system? | Joint decision based on mutual understanding and trust |
Limited guardianship is restricted to what? | Specific period, specific decisions, and specific situations |
Limited guardianship must operate in accordance with whose will? | Person with disability |
Guardians appointed under any previous law are deemed to function as what? | Limited guardian |
A person with disability aggrieved by a guardianship decision may do what? | Prefer an appeal |
Appeals against guardianship decisions are made to whom? | Appellate authority notified by the State Government |
Section 14 applies notwithstanding what? | Any other law for the time being in force |
The objective of limited guardianship is to support but respect what? | Autonomy of the person with disability |
Limited guardianship ensures joint decisions based on what values? | Mutual understanding and trust |
Total support may be granted to whom? | Persons requiring extensive support |
The review of support ensures determination of what? | Nature and manner of support |
Section 14 protects persons with disabilities who cannot take legally binding decisions by providing what? | Limited or total guardianship |
Guardianship under Section 14 balances support with what? | Will and autonomy of the person with disability |
Section 15 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Designation of authorities to support |
Who shall designate authorities to support persons with disabilities? | Appropriate Government |
The designated authorities are responsible for what in the community? | Mobilising the community and creating social awareness |
The support provided by authorities helps persons with disabilities exercise what? | Legal capacity |
Authorities designated under Section 15 must set up what for persons with disabilities? | Suitable support arrangements |
Support arrangements are especially for whom? | Persons living in institutions and those with high support needs |
Authorities may take any other measures as required to support whom? | Persons with disabilities |
Section 15 ensures what type of support for exercising legal rights? | Institutional and high-support arrangements |
Community mobilization by authorities aims to create what? | Social awareness about disability support |
The ultimate goal of designated authorities is to enable what? | Persons with disabilities to exercise legal capacity |
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CHAPTER III | |
EDUCATION | |
Section 16 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Duty of educational institutions |
Who shall ensure inclusive education in educational institutions? | Appropriate Government and local authorities |
Inclusive education must be provided to whom? | Children with disabilities |
Children with disabilities must be admitted on what basis? | Without discrimination |
Children with disabilities must have equal access to what activities? | Education, sports and recreation |
Educational buildings and campuses must be what? | Accessible |
Schools must provide what type of accommodation to children with disabilities? | Reasonable accommodation |
Support must be provided in what manner for academic and social development? | Individualised or otherwise |
Education for blind or deaf children must be imparted in what? | Most appropriate languages, modes and means of communication |
What must be detected at the earliest in children? | Specific learning disabilities |
Schools must take suitable measures to overcome what? | Specific learning disabilities |
What must be monitored for every student with disability? | Participation, progress, attainment and completion of education |
Transportation must be provided to whom? | Children with disabilities and their attendants with high support needs |
Section 16 ensures what type of education? | Full inclusion in education |
Reasonable accommodation is provided according to what? | Individual requirements |
Inclusive education promotes what type of development? | Academic and social development |
Schools must ensure education for children with disabilities in accordance with what goal? | Full inclusion |
Educational institutions must provide opportunities for children with disabilities equal to whom? | Other children |
Monitoring progress ensures what for children with disabilities? | Completion and attainment of education |
Section 16 aims to make educational institutions what for children with disabilities? | Accessible, inclusive and supportive |
Section 17 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Specific measures to promote and facilitate inclusive education |
Who shall take measures to promote inclusive education? | Appropriate Government and local authorities |
How often must a survey of school-going children be conducted? | Every five years |
The first survey of children with disabilities must be conducted within what period? | Two years from commencement of the Act |
What is the purpose of the survey? | Identify children with disabilities and ascertain their special needs |
What type of institutions must be established to support inclusive education? | Teacher training institutions |
Teachers trained in what must be employed for inclusive education? | Sign language, Braille, and teaching children with intellectual disability |
Can teachers with disabilities be employed under Section 17? | Yes |
Who must be trained to support inclusive education at all school levels? | Professionals and staff |
What type of centres must be established to support educational institutions? | Resource centres |
What modes of communication should be promoted for students with speech or communication disabilities? | Augmentative and alternative modes, Braille, and sign language |
Books, learning materials, and assistive devices must be provided to whom? | Students with benchmark disabilities |
Up to what age must learning materials and assistive devices be provided free of cost? | 18 years |
What financial support may be provided to students with benchmark disabilities? | Scholarships |
Curriculum and examination modifications may include what? | Extra time, scribe, exemption from languages, and other adjustments |
Section 17 promotes research for what purpose? | To improve learning |
All measures under Section 17 aim to facilitate what type of education? | Inclusive education |
Modifications in curriculum and exams are made to meet the needs of whom? | Students with disabilities |
Assistive devices and materials help students participate in what? | Community and society |
Section 17 allows any other measures as may be required to ensure what? | Effective inclusive education |
Section 18 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Adult education |
Who shall take measures to promote adult education for persons with disabilities? | Appropriate Government and local authorities |
Adult education programs must ensure participation of whom? | Persons with disabilities |
Participation of persons with disabilities in adult education must be on what basis? | Equal basis with others |
Section 18 includes which type of education for persons with disabilities? | Adult and continuing education |
What is the main objective of Section 18? | Promote, protect, and ensure participation in adult education |
Measures under Section 18 aim to ensure equality in what? | Access to adult education programs |
Local authorities are responsible for promoting what type of education? | Adult education for persons with disabilities |
Adult education includes what kind of continuing programs? | Continuing education programs for lifelong learning |
Section 18 supports social inclusion through what? | Equal participation in adult education |
| |
CHAPTER IV | |
SKILL DEVELOPMENT AND EMPLOYMENT | |
Section 19 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Vocational training and self-employment |
Who shall formulate schemes to support employment of persons with disabilities? | Appropriate Government |
Schemes under Section 19 include provision of what financial support? | Loans at concessional rates |
Schemes aim to facilitate what for persons with disabilities? | Vocational training and self-employment |
Persons with disabilities must be included in what type of training schemes? | Mainstream formal and non-formal vocational and skill training |
What must be ensured for persons with disabilities to avail training? | Adequate support and facilities |
Who may have exclusive skill training programs under Section 19? | Persons with developmental, intellectual, multiple disabilities and autism |
Exclusive skill training programs must have what? | Active links with the market |
Section 19 promotes employment through which type of financial support? | Microcredit and concessional loans |
What type of products may be marketed under the schemes? | Products made by persons with disabilities |
What kind of data must be maintained under Section 19? | Disaggregated data on skill training and self-employment progress |
Section 19 ensures equal participation of persons with disabilities in what? | Vocational and self-employment programs |
Financial schemes aim to support which aspect of persons with disabilities? | Economic empowerment |
Concessional loans are intended for what purpose? | To facilitate skill training and self-employment |
The ultimate goal of Section 19 is to promote what? | Vocational skills, employment, and economic independence of persons with disabilities |
Section 20 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Non-discrimination in employment |
Can a Government establishment discriminate against a person with disability in employment? | No |
Can the appropriate Government exempt any establishment from Section 20? | Yes, by notification and subject to conditions |
What must every Government establishment provide to employees with disabilities? | Reasonable accommodation and barrier-free, conducive environment |
Can promotion be denied to a person solely on the ground of disability? | No |
Can a Government establishment reduce in rank or dismiss an employee who acquires a disability during service? | No |
If an employee becomes unsuitable for the post after acquiring a disability, what should be done? | Shift to another post with same pay and service benefits |
If no suitable post is available for a disabled employee, what happens? | Employee may be kept on a supernumerary post until suitable post is available or superannuation |
Who may frame policies for posting and transfer of employees with disabilities? | Appropriate Government |
Section 20 ensures what kind of work environment for employees with disabilities? | Barrier-free, supportive, and equitable environment |
Government establishments must accommodate employees with disabilities in what way? | Reasonable accommodation |
Can a disability acquired during service affect salary or service benefits? | No |
Section 20 protects employees with disabilities from what? | Discrimination, denial of promotion, dismissal or reduction in rank |
Posting and transfer policies for employees with disabilities are framed by whom? | Appropriate Government |
The purpose of Section 20 is to ensure what for employees with disabilities? | Equal employment opportunities and protection from discrimination |
Section 21 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Equal opportunity policy |
What must every establishment notify under Section 21? | Equal opportunity policy |
What should the equal opportunity policy detail? | Measures proposed to be taken under this Chapter |
Who prescribes the manner of notifying the equal opportunity policy? | Central Government |
Where must a copy of the equal opportunity policy be registered? | With the Chief Commissioner or State Commissioner |
Does Section 21 apply to all establishments? | Yes |
What is the purpose of Section 21? | To ensure equal opportunity for persons with disabilities in establishments |
Registration of the equal opportunity policy ensures oversight by whom? | Chief Commissioner or State Commissioner |
Equal opportunity policies must comply with provisions of which Chapter? | Chapter on employment and equal opportunity for persons with disabilities |
Section 21 ensures establishments take what type of measures? | Proactive measures for inclusion and equality |
Section 22 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Maintenance of records |
What must every establishment maintain under Section 22? | Records of persons with disabilities relating to employment, facilities, and other necessary information |
How must records be maintained? | In the form and manner prescribed by the Central Government |
What must every employment exchange maintain? | Records of persons with disabilities seeking employment |
Who can inspect records maintained under Section 22? | Persons authorized on behalf of the appropriate Government |
When can records be inspected? | At all reasonable hours |
Section 22 ensures proper documentation of what? | Employment and facilities provided to persons with disabilities |
Maintenance of records promotes what in establishments? | Transparency and compliance with disability provisions |
Records include information about what? | Employment, facilities provided, and other necessary information |
The objective of Section 22 is to ensure what? | Proper record-keeping and accountability for inclusion of persons with disabilities |
Section 23 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Appointment of Grievance Redressal Officer |
Who must appoint a Grievance Redressal Officer? | Every Government establishment |
Appointment of Grievance Redressal Officer must be informed to whom? | Chief Commissioner or State Commissioner |
For which section is the Grievance Redressal Officer appointed? | Section 19 (Vocational training and self-employment) |
Who can file a complaint with the Grievance Redressal Officer? | Any person aggrieved by non-compliance of Section 20 |
What is the role of the Grievance Redressal Officer? | Investigate complaints and take corrective action with the establishment |
What must the Grievance Redressal Officer maintain? | A register of complaints |
In what manner must the register of complaints be maintained? | As prescribed by the Central Government |
Within what time must a complaint be inquired? | Within two weeks of registration |
If not satisfied with the action, whom may the aggrieved person approach? | District-Level Committee on disability |
Section 23 ensures accountability in which matters? | Employment and grievance redressal for persons with disabilities |
Complaints related to non-compliance of employment provisions fall under which officer’s purview? | Grievance Redressal Officer |
The Grievance Redressal Officer acts as a link between whom? | Aggrieved person and the establishment |
Registration of complaints ensures what? | Proper record-keeping and timely inquiry |
Section 23 strengthens what aspect of rights of persons with disabilities? | Enforcement of employment and inclusion rights |
| |
CHAPTER V | |
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION | |
Section 24 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Social security |
Who shall formulate social security schemes for persons with disabilities? | Appropriate Government |
Schemes under Section 24 aim to safeguard what? | Adequate standard of living for persons with disabilities |
Social security schemes aim to enable persons with disabilities to live where? | Independently or in the community |
Quantum of assistance under these schemes must be how much higher than similar schemes for others? | At least 25% higher |
While devising schemes, what factors must the Government consider? | Diversity of disability, gender, age, and socio-economic status |
Schemes must provide community centres with what facilities? | Safety, sanitation, health care, and counselling |
Support must be provided to persons with disabilities who are what? | Without family, abandoned, homeless, or without livelihood |
Section 24 provides support during which situations? | Natural or man-made disasters and areas of conflict |
Women with disabilities must be supported for what? | Livelihood and upbringing of their children |
What type of access must be ensured in urban slums and rural areas? | Safe drinking water and accessible sanitation facilities |
What must be provided free of cost to persons with disabilities under the schemes? | Aids, appliances, medicines, diagnostic services, and corrective surgery |
Who is eligible for disability pension under Section 24? | Persons with disabilities subject to notified income ceiling |
Who can receive unemployment allowance? | Persons with disabilities registered with Special Employment Exchange for over two years and not placed in gainful employment |
Care-giver allowance is for whom? | Persons with disabilities with high support needs |
Comprehensive insurance schemes under Section 24 are for whom? | Persons with disabilities not covered under ESI or other statutory/government schemes |
Section 24 ensures social security measures are inclusive of what? | All persons with disabilities, considering age, gender, disability type, and socio-economic status |
What is the main objective of Section 24? | Promote independent living and adequate standard of living for persons with disabilities |
Can the Appropriate Government include other measures under Section 24? | Yes, any other matter it thinks fit |
Section 24 strengthens which rights of persons with disabilities? | Right to social security, livelihood, health, and community support |
Section 25 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Healthcare |
Who shall take necessary measures for healthcare of persons with disabilities? | Appropriate Government and local authorities |
What type of healthcare must be provided in rural areas? | Free healthcare, subject to family income as notified |
Hospitals and healthcare centres must be what for persons with disabilities? | Barrier-free in all parts |
Persons with disabilities must receive what in hospitals? | Priority in attendance and treatment |
Section 25 includes measures to prevent what? | Occurrence of disabilities |
What surveys and research must be undertaken under Section 25? | Surveys, investigations, and research on causes of disabilities |
Measures under Section 25 promote what? | Prevention of disabilities and healthcare awareness |
How often must children be screened for “at-risk” cases? | At least once a year |
Staff at primary health centres must receive what? | Training facilities |
Awareness campaigns must cover which topics? | General hygiene, health, and sanitation |
Care must be provided during which maternal periods? | Pre-natal, perinatal, and post-natal care |
Public education must be done through which channels? | Pre-schools, schools, PHCs, village workers, anganwadi workers |
Mass awareness must use which media? | Television, radio, and other mass media |
Healthcare must be provided during what situations? | Natural disasters and other situations of risk |
What type of medical facilities must be ensured? | Essential life-saving emergency treatment and procedures |
Section 25 includes what specialized healthcare? | Sexual and reproductive healthcare, especially for women with disability |
Barrier-free access applies to which types of institutions? | Government and private hospitals and healthcare centres |
Surveys and research aim to identify what? | Causes of disabilities and preventive measures |
Section 25 ensures what rights for persons with disabilities? | Right to accessible, priority, preventive, and emergency healthcare |
Section 26 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Insurance schemes |
Who shall make insurance schemes for employees with disabilities? | Appropriate Government |
How are the insurance schemes to be notified? | By notification |
Section 26 applies to which group of people? | Employees with disabilities |
What is the purpose of Section 26? | To provide insurance coverage for employees with disabilities |
Can the insurance schemes include employees in both central and state governments? | Yes, as notified by the appropriate government |
Section 26 ensures protection of what for employees with disabilities? | Financial and social security through insurance |
Who decides the terms and coverage of insurance schemes? | Appropriate Government |
Section 26 promotes what for employees with disabilities? | Inclusion and welfare at workplace |
How is compliance with Section 26 ensured? | Through government notifications and implementation of schemes |
Section 27 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Rehabilitation |
Who shall undertake rehabilitation services for persons with disabilities? | Appropriate Government and local authorities |
Rehabilitation services cover which areas? | Health, education, and employment |
Rehabilitation programs depend on what? | Economic capacity and development of the government |
Can financial assistance be provided to NGOs for rehabilitation? | Yes, by the appropriate Government and local authorities |
Who must be consulted while formulating rehabilitation policies? | NGOs working for persons with disabilities |
Section 27 ensures rehabilitation for whom? | All persons with disabilities |
Rehabilitation policies aim to support what aspects of life? | Health, education, employment, and social inclusion |
NGOs play what role in rehabilitation under Section 27? | Implementation and consultation for policies and programs |
The ultimate goal of Section 27 is what? | Effective rehabilitation and inclusion of persons with disabilities |
Section 28 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Research and development |
Who shall initiate research and development for persons with disabilities? | Appropriate Government |
Through whom can research and development be initiated? | Individuals and institutions |
Research under Section 28 aims to enhance what? | Habilitation and rehabilitation of persons with disabilities |
Section 28 also covers research on what? | Other issues necessary for empowerment of persons with disabilities |
The ultimate goal of Section 28 is what? | Empowerment of persons with disabilities through R&D |
Research and development under Section 28 can be undertaken in which sectors? | Health, education, employment, and social inclusion |
Can private institutions participate in R&D for persons with disabilities? | Yes, as authorized by the government |
Section 28 promotes innovation for what purpose? | Better habilitation, rehabilitation, and inclusion of persons with disabilities |
Who benefits from the R&D initiatives under Section 28? | All persons with disabilities |
Section 29 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Culture and recreation |
Who shall promote and protect cultural and recreational rights of persons with disabilities? | Appropriate Government and local authorities |
Persons with disabilities must participate in cultural and recreational activities on what basis? | Equally with others |
What support is provided to artists and writers with disabilities? | Facilities, support, and sponsorships to pursue interests and talents |
What type of museum is to be established under Section 29? | Disability history museum |
What must be made accessible to persons with disabilities? | Art |
What recreational facilities are promoted under Section 29? | Recreation centres and other associational activities |
Participation in which activities must be facilitated? | Scouting, dancing, art classes, outdoor camps, and adventure activities |
Courses in cultural and arts subjects must be redesigned for what purpose? | Enable participation and access for persons with disabilities |
What technology and equipment must be developed? | Assistive devices and equipment for access and inclusion in recreational activities |
How should television programs be made accessible for persons with hearing impairment? | With sign language interpretation or subtitles |
Section 29 ensures promotion of which rights? | Right to cultural life and recreational participation |
Measures under Section 29 aim to achieve what? | Inclusion and equal opportunities in cultural and recreational activities |
Facilities for persons with disabilities in cultural fields include what? | Support for talent, accessibility, and sponsorships |
Section 29 encourages development of what for recreation? | Technology, assistive devices, and inclusive equipment |
Section 30 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Sporting activities |
Who shall ensure participation of persons with disabilities in sports? | Appropriate Government |
How should sports authorities recognize persons with disabilities? | By according due recognition to their right to participate in sports |
What must sports authorities include in their schemes? | Provisions for inclusion of persons with disabilities and promotion of sporting talents |
Courses and programmes in sports must be restructured for what? | Access, inclusion, and participation of persons with disabilities |
What infrastructure modifications are required under Section 30? | Redesign and support of facilities for sporting activities for persons with disabilities |
What role does technology play in Section 30? | Enhance potential, talent, capacity, and ability in sporting activities |
What must be provided to ensure effective participation? | Multi-sensory essentials and features in all sporting activities |
What type of funding is allocated under Section 30? | Development of state-of-the-art sport facilities for training persons with disabilities |
What sporting events are promoted under Section 30? | Disability-specific sporting events |
How are winners and participants of disability sporting events recognized? | Through awards and recognition |
Section 30 ensures what type of sports participation? | Inclusive and equal participation for persons with disabilities |
Measures under Section 30 include what? | Course restructuring, infrastructure support, technology development, funding, and event promotion |
Who benefits from multi-sensory sporting features? | All persons with disabilities |
The ultimate aim of Section 30 is what? | Promote, develop, and ensure effective participation in sports for persons with disabilities |
| |
CHAPTER VI | |
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITES | |
Section 31 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Free education for children with benchmark disabilities |
Which children are entitled to free education under Section 31? | Children with benchmark disabilities between 6 to 18 years |
Where can children with benchmark disabilities receive free education? | In a neighbourhood school or special school of their choice |
Does Section 31 override any other law? | Yes, the Rights of Children to Free and Compulsory Education Act, 2009 |
Who ensures access to free education for children with benchmark disabilities? | Appropriate Government and local authorities |
Up to what age must free education be provided? | Till the child attains 18 years |
What kind of environment must be provided for education? | Appropriate and accessible environment |
Section 31 promotes what for children with benchmark disabilities? | Equal opportunity and inclusive education |
Can a child choose between a neighbourhood school and a special school? | Yes |
What is the main objective of Section 31? | Ensure free, accessible, and inclusive education for children with benchmark disabilities |
Section 32 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Reservation in higher educational institutions |
What percentage of seats must be reserved for persons with benchmark disabilities? | Not less than 5% |
Which institutions are covered under Section 32? | All Government higher education institutions and aided higher education institutions |
Is there any age relaxation for admission for persons with benchmark disabilities? | Yes, an upper age relaxation of five years |
Who benefits from the reservation and age relaxation under Section 32? | Persons with benchmark disabilities |
Section 32 promotes what for persons with benchmark disabilities? | Equal access to higher education |
Does the reservation apply to private institutions without government aid? | No, only government and aided institutions |
How does Section 32 ensure inclusivity in higher education? | By reserving seats and providing age relaxation for benchmark disabilities |
Reservation under Section 32 is applicable in which courses? | All courses in higher education institutions receiving government aid |
What is the main objective of Section 32? | Facilitate access and inclusion of persons with benchmark disabilities in higher education |
Section 33 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Identification of posts for reservation |
Who identifies posts for persons with benchmark disabilities? | Appropriate Government |
What is the purpose of identifying posts? | To match posts with the vacancies reserved under Section 34 |
Who is included in the expert committee for identifying posts? | Representatives of persons with benchmark disabilities |
How often must the identified posts be reviewed? | At an interval not exceeding three years |
Section 33 ensures what in employment? | Effective reservation and proper placement of persons with benchmark disabilities |
Is the identification of posts linked to reserved vacancies? | Yes, in accordance with Section 34 |
What is the role of the expert committee? | To assist in identification of suitable posts for benchmark disabilities |
Periodic review of posts ensures what? | That reservation remains relevant and effective |
The main objective of Section 33 is what? | Proper identification and periodic review of posts for reservation for persons with benchmark disabilities |
Section 34 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Reservation in government establishments |
What percentage of vacancies is reserved for persons with benchmark disabilities? | Not less than 4% of total vacancies |
How is the 4% reservation divided among disability categories? | 1% each for: (a) blindness/low vision, (b) deaf/hard of hearing, (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims, muscular dystrophy; 1% for (d) autism, intellectual disability, specific learning disability, mental illness; and 1% for (e) multiple disabilities including deaf-blindness |
Does Section 34 cover promotion reservations? | Yes, as per government instructions |
Can any government establishment be exempted from this reservation? | Yes, in consultation with Chief or State Commissioner, by notification, with conditions |
What happens if a suitable person with disability is not available in a recruitment year? | Vacancy is carried forward to the next year; may be interchanged among categories; if still unavailable, filled by a person without disability |
Can vacancies be interchanged among disability categories? | Yes, with prior approval of the appropriate Government |
Can the government relax the upper age limit for employment of persons with benchmark disabilities? | Yes, by notification |
Section 34 ensures what in employment? | Equal opportunity and representation of persons with benchmark disabilities in government jobs |
What is the main objective of Section 34? | Effective reservation and inclusive employment for persons with benchmark disabilities |
Section 35 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Incentives to employers in private sector |
Who provides incentives to private sector employers? | Appropriate Government and local authorities |
What is the purpose of providing incentives under Section 35? | To ensure at least 5% of workforce comprises persons with benchmark disabilities |
Are incentives limited by any factor? | Yes, within the economic capacity and development of the government |
Which sector benefits from Section 35 incentives? | Private sector employers |
Section 35 promotes what for persons with benchmark disabilities? | Employment and workforce inclusion |
Is there a specific target percentage of employees with benchmark disabilities in private sector? | Yes, minimum 5% of the workforce |
What is the role of local authorities in Section 35? | To assist in providing incentives and promoting workforce inclusion |
Section 35 ensures what type of participation in employment? | Equal opportunity and active participation in private sector |
What is the main objective of Section 35? | Encourage private employers to hire and support persons with benchmark disabilities |
Section 36 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Special employment exchange |
Who may notify the requirement for furnishing information about vacancies? | Appropriate Government |
What type of vacancies must employers report? | Vacancies appointed for persons with benchmark disabilities |
To whom must the vacancy information be furnished? | Special employment exchange notified by the Central Government |
When must employers provide information about vacancies? | From such date as notified by the government |
Which establishments are required to comply? | Every establishment as per notification |
What type of information is to be furnished? | Information or returns prescribed by the Central Government regarding vacancies for persons with benchmark disabilities |
What is the purpose of Section 36? | Facilitate employment of persons with benchmark disabilities through special employment exchanges |
Is compliance with the notification mandatory for employers? | Yes, establishments shall comply with the requisition |
Section 36 promotes what in employment? | Effective notification and placement of persons with benchmark disabilities |
Section 37 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Special schemes and development programmes |
Who makes schemes for persons with benchmark disabilities? | Appropriate Government and local authorities |
What percentage of reservation is provided in agricultural land and housing schemes? | 5% |
Who is given priority in allotment under these schemes? | Women with benchmark disabilities |
Is there a reservation in poverty alleviation and developmental schemes? | Yes, 5% with priority to women with benchmark disabilities |
Can land be allotted on concessional rates under Section 37? | Yes, for housing, business, enterprise, recreation, or production centres |
Section 37 ensures inclusion in which sectors? | Land, housing, poverty alleviation, business, and development programmes |
What is the aim of Section 37? | Empowerment and development of persons with benchmark disabilities |
Are the schemes notified formally? | Yes, by notification of the appropriate Government or local authorities |
Section 37 promotes what for persons with benchmark disabilities? | Equal opportunity, access to resources, and social and economic inclusion |
| |
CHAPTER VII | |
SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS | |
Section 38 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Special provisions for persons with benchmark disabilities requiring high support |
Who can apply for high support? | Any person with benchmark disability or any person/organisation on their behalf |
To whom is the application for high support submitted? | Authority notified by the appropriate Government |
What happens after the authority receives an application? | It is referred to an Assessment Board prescribed by the Central Government |
What is the role of the Assessment Board? | Assess the need and nature of high support required by the person with disability |
How does the Assessment Board communicate its findings? | Sends a report to the authority certifying the need and nature of high support |
What does the authority do after receiving the Assessment Board’s report? | Takes steps to provide support as per the report and relevant government schemes/orders |
Section 38 ensures what type of assistance? | High support tailored to individual needs of persons with benchmark disabilities |
Is the process for assessment standardized? | Yes, as prescribed by the Central Government |
What is the ultimate goal of Section 38? | Provide necessary high support to ensure inclusion, independence, and well-being of persons with benchmark disabilities |
| |
CHAPTER VIII | |
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS | |
Section 39 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Awareness campaigns and sensitisation programmes |
Who conducts and promotes awareness campaigns under Section 39? | Appropriate Government in consultation with the Chief or State Commissioner |
What is the main purpose of these campaigns? | Ensure protection of rights of persons with disabilities |
Which values are promoted in awareness programmes? | Inclusion, tolerance, empathy, and respect for diversity |
How are persons with disabilities recognized in these campaigns? | Their skills, merits, abilities, and contributions to workforce and professional fields are acknowledged |
What aspect of family life is covered in sensitisation programmes? | Respect for decisions made by persons with disabilities regarding family, relationships, and raising children |
At what levels is orientation and sensitisation provided? | Schools, colleges, universities, and professional training institutes |
Who else is oriented under these programmes? | Employers, administrators, and co-workers |
Are the rights of persons with disabilities included in education curricula? | Yes, in schools, colleges, and universities |
What is the ultimate aim of Section 39? | Promote awareness, inclusion, respect, and protection of rights of persons with disabilities |
Section 40 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Accessibility standards for persons with disabilities |
Who formulates rules for accessibility under Section 40? | Central Government in consultation with the Chief Commissioner |
What areas do the accessibility standards cover? | Physical environment, transportation, information and communication, and other public facilities and services |
Are appropriate technologies included in accessibility standards? | Yes, including appropriate technologies and systems |
Do the standards apply to urban areas, rural areas, or both? | Both urban and rural areas |
What is the purpose of Section 40? | Ensure accessibility and inclusion for persons with disabilities |
Does Section 40 cover public facilities and services? | Yes, all facilities and services provided to the public |
Who is consulted in formulating the rules? | Chief Commissioner of Persons with Disabilities |
Section 40 promotes what principle for persons with disabilities? | Equal access and barrier-free participation in society |
What is the ultimate goal of Section 40? | Create an accessible environment in all aspects of public life for persons with disabilities |
Section 41 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Access to transport for persons with disabilities |
Who is responsible for providing accessible transport facilities? | Appropriate Government |
What facilities must be provided at bus stops, railway stations, and airports? | Accessible parking, toilets, ticketing counters, and ticketing machines |
Are all modes of transport required to be accessible? | Yes, including retrofitting old transport modes where feasible, safe, and economically viable |
What type of roads are required under Section 41? | Accessible roads to address mobility needs of persons with disabilities |
Does Section 41 include schemes for personal mobility? | Yes, including incentives, concessions, retrofitting vehicles, and personal mobility assistance |
Are retrofitting and accessibility required only for new transport modes? | No, retrofitting of old transport is also required wherever feasible |
What is the purpose of Section 41? | Ensure safe, affordable, and accessible transportation for persons with disabilities |
Does Section 41 cover cost-related aspects? | Yes, promoting personal mobility at an affordable cost |
What is the ultimate goal of Section 41? | Facilitate independent and barrier-free mobility for persons with disabilities |
Section 42 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Access to information and communication technology for persons with disabilities |
Who ensures accessibility in ICT under Section 42? | Appropriate Government |
How should contents in audio, print, and electronic media be provided? | In accessible formats |
What accessibility features must be provided in electronic media? | Audio description, sign language interpretation, and closed captioning |
How should electronic goods and equipment for everyday use be designed? | In universal design |
Does Section 42 cover both content and devices? | Yes, accessible content and universally designed electronic devices |
What is the purpose of Section 42? | Ensure equal access to information and communication technology for persons with disabilities |
Are digital media and traditional media both included? | Yes, audio, print, and electronic media |
Section 42 promotes what principle for persons with disabilities? | Inclusion, accessibility, and barrier-free access to information |
What is the ultimate goal of Section 42? | Enable independent access to information, communication, and technology for persons with disabilities |
Section 43 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Consumer goods for persons with disabilities |
Who promotes universally designed consumer products? | Appropriate Government |
What aspects of consumer products are covered under Section 43? | Development, production, and distribution |
For whom are these universally designed consumer products intended? | Persons with disabilities |
Are accessories for general use included in Section 43? | Yes, accessories for general use are included |
What is the purpose of Section 43? | Facilitate accessibility and usability of consumer products for persons with disabilities |
Does Section 43 cover only specialized products? | No, general-use products and accessories are included |
Section 43 promotes what principle in product design? | Universal design for accessibility |
Who benefits from the measures under Section 43? | Persons with disabilities in general public use |
What is the ultimate goal of Section 43? | Ensure accessible, usable, and inclusive consumer goods for persons with disabilities |
Section 44 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Mandatory observance of accessibility norms in buildings |
Can a building be granted permission if it does not follow accessibility rules? | No, building plans must adhere to rules under Section 40 |
Who formulates the accessibility rules for buildings? | Central Government |
Can a building receive a completion certificate if accessibility norms are not followed? | No |
Can an establishment occupy a building without following accessibility rules? | No |
What is the purpose of Section 44? | Ensure all buildings comply with accessibility standards for persons with disabilities |
Does Section 44 apply to new constructions or renovations? | Applies to any structure requiring permission or completion certificate |
Which Section lays down the accessibility standards referenced in Section 44? | Section 40 |
Section 44 promotes what principle? | Barrier-free and accessible built environment |
What is the ultimate goal of Section 44? | Ensure safe, inclusive, and accessible infrastructure for persons with disabilities |
Section 45 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Time limit and action for making existing infrastructure accessible |
Within what period must existing public buildings be made accessible? | Within five years from the date of notification of accessibility rules |
Who can grant an extension of time for making buildings accessible? | Central Government, on a case-to-case basis |
What factors are considered for granting extension of time? | State preparedness and other related parameters |
What must the appropriate Government and local authorities formulate? | An action plan prioritising accessibility in buildings and spaces providing essential services |
Which essential service buildings are specifically mentioned? | Primary health centres, civil hospitals, schools, railway stations, and bus stops |
What is the purpose of the action plan under Section 45? | Ensure gradual and systematic accessibility of existing infrastructure |
Does Section 45 apply to private buildings? | No, it applies to public buildings |
Section 45 promotes what principle? | Barrier-free access in essential public infrastructure |
What is the ultimate goal of Section 45? | Ensure all existing public infrastructure is accessible to persons with disabilities within a set timeframe |
Section 46 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Time limit for service providers to make services accessible |
Who must provide services in accordance with accessibility rules? | All service providers, Government or private |
Which rules must service providers follow for accessibility? | Rules formulated under Section 40 by the Central Government |
Within what period must services be made accessible? | Within two years from the date of notification of the rules |
Can the time limit be extended? | Yes, by the Central Government in consultation with the Chief Commissioner |
For what can the extension of time be granted? | For certain categories of services in accordance with the rules |
What is the purpose of Section 46? | Ensure timely accessibility of services for persons with disabilities |
Does Section 46 apply to private sector services? | Yes, it applies to both Government and private services |
Section 46 promotes what principle? | Barrier-free and inclusive access to services |
What is the ultimate goal of Section 46? | Ensure all service providers comply with accessibility standards within the prescribed timeframe |
Section 47 of the Rights of Persons with Disabilities Act, 2016 deals with what? | Human resource development for implementing the Act |
Which body’s powers are not affected by Section 47? | Rehabilitation Council of India under the Rehabilitation Council of India Act, 1992 |
What training is mandated for Panchayati Raj members, legislators, administrators, police officials, judges, and lawyers? | Training on disability rights |
How is disability included in education courses? | As a component in courses for teachers, doctors, nurses, para-medical personnel, social welfare officers, engineers, architects, and community workers |
What capacity-building programmes are initiated? | Training in independent living, community relationships, care giving, and support |
Is there training for persons with disabilities themselves? | Yes, independence training to build community relationships based on mutual contribution and respect |
Are sports teachers included in Section 47? | Yes, training programs focus on sports, games, and adventure activities for inclusive participation |
What role do universities have under Section 47? | Promote teaching and research in disability studies, including establishing study centres |
How often must the appropriate Government undertake need-based HR analysis? | Every five years, to plan recruitment, induction, sensitisation, orientation, and training of personnel |
What is the ultimate goal of Section 47? | Develop skilled and sensitised human resources to effectively implement the Rights of Persons with Disabilities Act |
What is the focus of Section 48 of the Rights of Persons with Disabilities Act, 2016? | Social audit of schemes and programmes involving persons with disabilities |
Who undertakes the social audit under Section 48? | The appropriate Government |
What is the purpose of the social audit? | To ensure schemes and programmes do not adversely affect persons with disabilities |
What does the social audit assess? | Whether schemes meet the requirements and concerns of persons with disabilities |
Does Section 48 apply to all schemes? | Yes, all general schemes and programmes involving persons with disabilities |
Section 48 promotes which principle? | Accountability and inclusivity in programmes affecting persons with disabilities |
What is the ultimate goal of Section 48? | Ensure that government schemes and programmes are beneficial and inclusive for persons with disabilities |
Can the social audit influence programme implementation? | Yes, it identifies adverse impacts and suggests improvements |
Who benefits from the social audit? | Persons with disabilities, by safeguarding their rights and interests |
Is social audit mandatory under this Act? | Yes, the appropriate Government is required to undertake it |
| |
CHAPTER IX | |
REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS | |
What is the focus of Section 49 of the Rights of Persons with Disabilities Act, 2016? | Appointment of a competent authority for the purposes of this Chapter |
Who appoints the competent authority under Section 49? | The State Government |
Can the State Government choose any authority? | Yes, as it deems fit |
What is the purpose of the competent authority? | To oversee and implement the provisions of this Chapter |
Section 49 ensures what? | Designation of an official responsible for enforcement and monitoring |
Is the appointment of competent authority mandatory? | Yes, the State Government shall appoint one |
Who benefits from the competent authority? | Persons with disabilities, ensuring proper implementation of the law |
Can the competent authority perform multiple functions? | Yes, as required under this Chapter |
Does Section 49 specify the tenure of the authority? | No, it is left to the State Government’s discretion |
What principle does Section 49 promote? | Accountability and structured enforcement of the Act |
What is the focus of Section 50 of the Rights of Persons with Disabilities Act, 2016? | Registration of institutions for persons with disabilities |
Can anyone establish an institution for persons with disabilities freely? | No, only with a certificate of registration issued by the competent authority |
Who issues the certificate of registration under Section 50? | The competent authority |
Are all institutions required to register under this Act? | No, institutions for mentally ill persons with a valid licence under the Mental Health Act, 1987 are exempt |
What is the purpose of registration? | To regulate and ensure proper functioning of institutions for persons with disabilities |
Does Section 50 apply to existing licensed mental health institutions? | No, they are exempt if they have a valid licence |
What principle does Section 50 promote? | Accountability and oversight of institutions for persons with disabilities |
Is registration mandatory for newly established institutions? | Yes, except as otherwise provided under this Act |
Who benefits from the registration requirement? | Persons with disabilities, ensuring quality care and protection |
What happens if an institution operates without registration? | It would be non-compliant with Section 50 of the Act |
What is the focus of Section 51 of the Rights of Persons with Disabilities Act, 2016? | Application and grant of certificate of registration for institutions for persons with disabilities |
To whom is the application for registration submitted? | The competent authority |
What must the competent authority do upon receiving an application? | Make enquiries and verify compliance with the Act and rules |
Within what time frame must the competent authority grant or refuse a certificate? | Within ninety days of receipt of application |
What must the competent authority do before refusing a certificate? | Give the applicant a reasonable opportunity of being heard and communicate the refusal in writing |
When can a certificate of registration be granted? | Only if the institution can provide prescribed facilities and meet prescribed standards |
How long is a certificate of registration valid? | For the period prescribed by the State Government unless revoked under Section 52 |
Can the certificate of registration be renewed? | Yes, it may be renewed for a like period |
When should an application for renewal be submitted? | Not less than sixty days before expiry of the certificate |
What must the institution do with the certificate of registration? | Display a copy in a conspicuous place |
Which sec deals with ‘Revocation of registration’? | Section 52 |
Who can revoke a certificate of registration? | The competent authority |
On what grounds can the certificate of registration be revoked? | (a) False or incorrect statements in the application for issue or renewal; (b) Breach of rules or conditions of the certificate |
What procedure must the authority follow before revocation? | Give the holder an opportunity to show cause why the certificate should not be revoked |
When does the institution cease to function after revocation? | Immediately on revocation, or after appeal if one is preferred and rejected |
What happens to persons with disabilities in an institution whose certificate is revoked? | They may be restored to their parent, spouse, or guardian, or transferred to another institution specified by the competent authority |
What must the institution do with the revoked certificate? | Surrender it immediately to the competent authority |
Which sec deals with ‘Appeal’? | Section 53 |
Who can file an appeal under this section? | Any person aggrieved by refusal or revocation of a certificate of registration |
To whom is the appeal preferred? | The appellate authority notified by the State Government |
What is the time limit for filing an appeal? | As prescribed by the State Government |
Is the order of the appellate authority final? | Yes, the order is final |
Are government-run disability institutions covered under this Chapter? | No, they are exempt. |
Which sec deals with ‘Act not to apply to institutions established or maintained by Central or State Government’? | Section 54 |
Does Section 54 apply to Central Government institutions for persons with disabilities? | No, it does not. |
Are State Government-maintained disability institutions regulated by this Chapter? | No, they are excluded. |
Can the provisions of registration and appeal apply to government disability institutions? | No, they are not applicable. |
Does this Chapter restrict how the government manages its disability institutions? | No, government institutions are outside its scope. |
Which sec deals with ‘Assistance to registered institutions’? | Section 55 |
Can the Government provide financial aid to registered institutions for implementing this Act? | Yes, within economic capacity and development limits. |
Who can receive assistance under Section 55? | Only registered institutions under the Act. |
What is the purpose of the assistance provided by the Government? | To provide services and implement schemes and programmes under the Act. |
Is the financial assistance mandatory or discretionary? | It is discretionary, subject to economic capacity. |
Does Section 55 cover institutions not registered under the Act? | No, only registered institutions are eligible. |
| |
CHAPTER X | |
CERTIFICATION OF SPECIFIED DISABILITIES | |
Which sec deals with ‘Guidelines for assessment of specified disabilities’? | Section 56 |
Who notifies the guidelines for assessment of specified disabilities? | The Central Government. |
What is the purpose of the guidelines under Section 56? | To assess the extent of specified disability in a person. |
Are these guidelines mandatory for assessing disabilities? | Yes, they provide the standard procedure for assessment. |
Do these guidelines apply to all types of disabilities? | They apply to the specified disabilities notified by the Government. |
Can the guidelines be updated or revised? | Yes, the Central Government may revise them as required. |
Which sec deals with ‘Designation of certifying authorities’? | Section 57 |
Who designates certifying authorities for issuing disability certificates? | The appropriate Government. |
What qualifications must certifying authorities have? | They must have requisite qualifications and experience. |
What is the function of certifying authorities? | To issue certificates of disability. |
Can certifying authorities operate anywhere? | No, only within the jurisdiction and under the terms and conditions notified by the Government. |
Which sec deals with ‘Procedure for certification.’? | Section 58 |
Who can apply for a disability certificate? | Any person with a specified disability may apply in the prescribed manner. |
To whom should the application for disability certificate be submitted? | To a certifying authority having jurisdiction. |
How does the certifying authority assess a disability application? | The certifying authority assesses the disability according to guidelines notified under Section 56. |
What happens if the person has a specified disability? | The certifying authority issues a certificate of disability in the prescribed form. |
What happens if the person does not have a specified disability? | The certifying authority informs the person in writing that no specified disability exists. |
Is a disability certificate valid throughout India? | Yes, the certificate is valid across the country. |
Who prescribes the form of the disability certificate? | The Central Government prescribes the form of the certificate. |
Can a person apply for a disability certificate in any manner? | No, the application must be in the manner prescribed by the Central Government. |
What is the purpose of Section 58 of the RPwD Act, 2016? | To provide the procedure for issuing a certificate of disability. |
Can the disability certificate issued under this section be used nationwide? | Yes, it is valid throughout India. |
Which sec deals with ‘Appeal against a decision of certifying authority’? | Section 59 |
Who can appeal against the decision of a certifying authority? | Any person aggrieved by the decision of the certifying authority. |
To whom is the appeal against a certifying authority’s decision made? | To the appellate authority designated by the State Government. |
Within what limits can a person appeal? | Within such time and in such manner as prescribed by the State Government. |
How does the appellate authority decide the appeal? | The appellate authority decides the appeal in the manner prescribed by the State Government. |
Which authority prescribes the procedure and time for filing an appeal? | The State Government prescribes the time and manner for appeals. |
What is the main purpose of Section 59? | To provide a procedure for appealing against the decision of a certifying authority. |
| |
CHAPTER XI | |
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE | |
Which sec deals with ‘Constitution of Central Advisory Board on Disability’? | Section 60 |
What is the Central Advisory Board on Disability? | A body constituted by the Central Government to exercise powers and perform functions under the RPwD Act, 2016. |
Who is the Chairperson of the Board? | The Minister in charge of the Department of Disability Affairs, ex officio. |
Who is the Vice Chairperson of the Board? | The Minister of State in charge of the Department of Disability Affairs, ex officio. |
How many MPs are members of the Board? | Three — two elected by Lok Sabha and one by Rajya Sabha, ex officio. |
Who represents States and Union Territories on the Board? | Ministers in charge of Disability Affairs of States and Administrators/Lieutenant Governors of UTs, ex officio. |
Which Government Secretaries are members of the Board? | Secretaries of Ministries/Departments like Disability Affairs, Social Justice, Education, Women & Child Development, Finance, Health, Rural & Urban Development, Science & Technology, Legal Affairs, Public Enterprises, Youth & Sports, Road Transport, Civil Aviation. |
Who represents NITI Aayog on the Board? | The Secretary of NITI Aayog, ex officio. |
Which councils’ chairpersons are members of the Board? | Rehabilitation Council of India, National Trust, National Council for Teacher Education, University Grants Commission, and Medical Council of India, ex officio. |
Which corporations’ heads are part of the Board? | National Handicapped Finance Development Corporation and Artificial Limbs Manufacturing Corporation, ex officio. |
Who represents Railways on the Board? | Chairman, Railway Board, ex officio. |
Who represents Employment and Training? | Director-General, Employment and Training, Ministry of Labour and Employment, ex officio. |
Which educational institutions’ directors are members? | NCERT and NCTE, ex officio. |
Which National Institutes are represented? | Institutes for visually, mentally, orthopedically, hearing handicapped; rehabilitation training; multiple disabilities; mental health; and Indian Sign Language Research, ex officio. |
How are experts in disability included in the Board? | Five Members nominated by the Central Government as experts in disability and rehabilitation. |
How are persons with disabilities included? | Ten members nominated by Central Government to represent NGOs or disabled persons, at least five women and at least one SC & one ST. |
Are representatives of industry included in the Board? | Yes, up to three representatives of national level chambers of commerce and industry. |
Who is the Member-Secretary of the Board? | Joint Secretary to the Government of India dealing with disability policy, ex officio. |
Which sec deals with ‘Terms and conditions of Service of members’? | Section 61 |
How is the Board officially formed? | By notification of the Central Government. |
Can the Board exercise powers and perform functions under the RPwD Act? | Yes, it exercises all powers and functions assigned under the Act. |
Is the composition of the Board both ex officio and nominated members? | Yes, it includes ex officio members and members nominated by the Central Government. |
What is the term of office for a member nominated under clause (r) of Section 60(2)? | Three years from the date of nomination. |
Can a member continue after the expiry of the term? | Yes, until his successor enters upon office. |
Can the Central Government remove a nominated member before the expiry of term? | Yes, after giving a reasonable opportunity to show cause. |
Can a nominated member resign before the end of term? | Yes, by writing to the Central Government. |
How is a casual vacancy in the Board filled? | By fresh nomination, and the new member serves only the remainder of the term. |
Can nominated members under sub-clauses (i) and (iii) of clause (r) be renominated? | Yes, they are eligible for renomination. |
Do members nominated under sub-clauses (i) and (ii) of clause (r) receive allowances? | Yes, as prescribed by the Central Government. |
What happens if a member resigns? | The seat becomes vacant immediately. |
Is the removal of a member automatic without notice? | No, a reasonable opportunity to show cause must be given. |
What is the main purpose of Section 61? | To specify the terms, resignation, removal, and allowances of nominated Board members. |
Which sec deals with ‘Disqualifications’? | Section 62 |
Who cannot be a Member of the Central Advisory Board? | A person who is insolvent, of unsound mind, convicted of an offence involving moral turpitude or under this Act, or has abused their position prejudicially. |
Can a person adjudged insolvent be a member? | No, an insolvent or one who has suspended payments or compounded with creditors is disqualified. |
Can a person of unsound mind become a member? | No, if declared so by a competent court. |
Can a person convicted of an offence involving moral turpitude be a member? | No, if the Central Government considers it morally disqualifying. |
Can a person previously convicted under the RPwD Act be a member? | No, any prior conviction under this Act disqualifies them. |
Can a member be removed for abusing their position? | Yes, if the Central Government considers it prejudicial to public interest. |
Is a member given a chance before removal? | Yes, a reasonable opportunity to show cause must be provided. |
Can a member removed under this section be renominated? | No, a removed member is not eligible for renomination. |
What is the main purpose of Section 62? | To specify the disqualifications and removal process for members of the Central Advisory Board. |
Which section specifies vacation of seat? | Section 63 of the RPwD Act, 2016. |
Does the Central Government have discretion in determining moral turpitude or abuse of position? | Yes, the Government decides based on its opinion. |
When does a member of the Central Advisory Board vacate their seat? | When the member becomes subject to any disqualification specified in Section 62. |
What happens to the seat if a member is disqualified? | The seat becomes vacant immediately. |
Is vacation of seat automatic upon disqualification? | Yes, the seat is vacated once the disqualification arises. |
What is the main purpose of Section 63? | To ensure that members who become disqualified cannot continue in office. |
Which section specifies ‘Meetings of the Central Advisory Board on disability’? | Section 64 of the RPwD Act, 2016. |
How often must the Central Advisory Board on Disability meet? | At least once every six months. |
Are there prescribed rules for conducting meetings of the Board? | Yes, the Board shall observe such rules of procedure as may be prescribed. |
What is the purpose of Section 64? | To regulate the frequency and procedure of the Board’s meetings. |
Can the Board meet more frequently than once in six months? | Yes, it can meet more often if required. |
Who prescribes the rules of procedure for Board meetings? | The rules of procedure are prescribed by the Central Government. |
Which section specifies ‘Functions of Central Advisory Board on disability’? | Section 65 of the RPwD Act, 2016. |
What is the main role of the Central Advisory Board on Disability? | It is the national-level consultative and advisory body on disability matters. |
What is the purpose of the Board under Section 65(1)? | To facilitate continuous evolution of a comprehensive policy for empowerment and full enjoyment of rights of persons with disabilities. |
Whom does the Board advise on disability policies and programmes? | The Central Government and State Governments. |
What policy responsibility does the Board have? | To develop a national policy addressing issues concerning persons with disabilities. |
How does the Board coordinate activities related to disability? | By reviewing and coordinating all governmental and non-governmental organizations working on disability matters. |
How does the Board support persons with disabilities in national plans? | By taking up their cause with authorities and international organizations to provide schemes and projects. |
What steps does the Board recommend for persons with disabilities? | Steps to ensure accessibility, reasonable accommodation, non-discrimination, and participation in social life. |
How does the Board monitor laws and policies? | By evaluating the impact of laws, policies, and programmes to achieve full participation of persons with disabilities. |
Can the Board perform additional functions? | Yes, any other functions assigned from time to time by the Central Government. |
What is the overall purpose of Section 65? | To define the functions of the Central Advisory Board on Disability for policy, coordination, and empowerment. |
Which section specifies ‘State Advisory Board on disability’? | Section 66 of the RPwD Act, 2016. |
What is the State Advisory Board on Disability? | A body constituted by every State Government to exercise powers and perform functions under the RPwD Act, 2016. |
Who is the Chairperson of the State Advisory Board? | The Minister in charge of the Department dealing with disability matters, ex officio. |
Who is the Vice-Chairperson of the Board? | The Minister of State or Deputy Minister in charge of the Department, ex officio. |
Which State Government officers are members of the Board? | Secretaries of Departments including Disability Affairs, Education, Women & Child Development, Finance, Health, Rural & Urban Development, Science & Technology, Labour & Employment, Youth Affairs, Road Transport, and others as deemed necessary, ex officio. |
How many members of the State Legislature are included? | Three — two elected by the Legislative Assembly and one by the Legislative Council, or three by Assembly if no Council exists, ex officio. |
How are expert members included in the Board? | Five members nominated by the State Government as experts in disability and rehabilitation. |
How are district representatives included? | Five members nominated by rotation to represent districts, on recommendation of district administration. |
How are persons with disabilities represented? | Ten members, as far as practicable, from NGOs or associations; at least five women and at least one SC and one ST. |
Can industry representatives be part of the Board? | Yes, up to three representatives from the State Chamber of Commerce and Industry. |
Who is the Member-Secretary of the State Advisory Board? | An officer not below the rank of Joint Secretary in the Department dealing with disability matters, ex officio. |
Which section specifies ‘Terms and conditions of service of Members’? | Section 67 of the RPwD Act, 2016. |
How is the State Advisory Board constituted? | By notification of the State Government. |
What is the term of office for a member nominated under clause (e) of Section 66(2)? | Three years from the date of nomination. |
Can a member continue after the expiry of the term? | Yes, until his successor enters upon office. |
Can the State Government remove a nominated member before the expiry of term? | Yes, after giving a reasonable opportunity to show cause. |
Can a nominated member resign before the end of term? | Yes, by writing to the State Government. |
What happens if a member resigns? | The seat becomes vacant immediately. |
How is a casual vacancy in the Board filled? | By fresh nomination, and the new member serves only the remainder of the term. |
Can members under sub-clauses (i) and (iii) of clause (e) be renominated? | Yes, they are eligible for renomination. |
Do members under sub-clauses (i) and (ii) receive allowances? | Yes, as prescribed by the State Government. |
What is the main purpose of Section 67? | To specify the terms, resignation, removal, and allowances of nominated State Advisory Board members. |
Which section specifies ‘Disqualification’? | Section 68 of the RPwD Act, 2016. |
Is removal of a member automatic without notice? | No, a reasonable opportunity to show cause must be given. |
Who cannot be a Member of the State Advisory Board? | A person who is insolvent, of unsound mind, convicted of an offence involving moral turpitude or under this Act, or has abused their position prejudicially. |
Can a person adjudged insolvent be a member? | No, an insolvent or one who has suspended payments or compounded with creditors is disqualified. |
Can a person of unsound mind become a member? | No, if declared so by a competent court. |
Can a person convicted of an offence involving moral turpitude be a member? | No, if the State Government considers it morally disqualifying. |
Can a person previously convicted under the RPwD Act be a member? | No, any prior conviction under this Act disqualifies them. |
Can a member be removed for abusing their position? | Yes, if the State Government considers it detrimental to public interest. |
Is a member given a chance before removal? | Yes, a reasonable opportunity to show cause must be provided. |
Can a member removed under this section be renominated? | No, a removed member is not eligible for renomination. |
What is the main purpose of Section 68? | To specify the disqualifications and removal process for members of the State Advisory Board. |
Does the State Government have discretion in determining moral turpitude or abuse of position? | Yes, the Government decides based on its opinion. |
Which section specifies ‘Vacation of seats’? | Section 69 of the RPwD Act, 2016. |
When does a member of the State Advisory Board vacate their seat? | When the member becomes subject to any disqualification specified in Section 68. |
What happens to the seat if a member is disqualified? | The seat becomes vacant immediately. |
Is vacation of seat automatic upon disqualification? | Yes, the seat is vacated once the disqualification arises. |
What is the main purpose of Section 69? | To ensure that members who become disqualified cannot continue in office. |
Which section specifies ‘Meetings of State Advisory Board on disability’? | Section 70 of the RPwD Act, 2016. |
How often must the State Advisory Board on Disability meet? | At least once every six months. |
Are there prescribed rules for conducting meetings of the State Advisory Board? | Yes, the Board shall observe such rules or procedure as may be prescribed by the State Government. |
Can the Board meet more frequently than once in six months? | Yes, it can meet more often if required. |
What is the main purpose of Section 70? | To regulate the frequency and procedure of the State Advisory Board’s meetings. |
Who prescribes the rules of procedure for State Board meetings? | The rules are prescribed by the State Government. |
Which section specifies ‘Functions of State Advisory Board on disability’? | Section 71 of the RPwD Act, 2016. |
What is the main role of the State Advisory Board on Disability? | It is the State-level consultative and advisory body on disability matters. |
What is the purpose of the Board under Section 71(1)? | To facilitate continuous evolution of a comprehensive policy for empowerment and full enjoyment of rights of persons with disabilities in the State. |
Whom does the Board advise on disability policies and programmes? | The State Government. |
What policy responsibility does the Board have? | To develop a State policy addressing issues concerning persons with disabilities. |
How does the Board coordinate activities related to disability? | By reviewing and coordinating all governmental and non-governmental organizations in the State dealing with disability matters. |
How does the Board support persons with disabilities in State plans? | By taking up their cause with authorities and international organizations to provide schemes and projects. |
What steps does the Board recommend for persons with disabilities? | Steps to ensure accessibility, reasonable accommodation, non-discrimination, and participation in social life on an equal basis. |
How does the Board monitor laws and policies? | By evaluating the impact of laws, policies, and programmes to achieve full participation of persons with disabilities. |
Can the Board perform additional functions? | Yes, any other functions assigned from time to time by the State Government. |
What is the overall purpose of Section 71? | To define the functions of the State Advisory Board on Disability for policy, coordination, and empowerment in the State. |
Which section specifies ‘District-level Committee on disability’? | Section 72 of the RPwD Act, 2016. |
What is the District-level Committee on Disability? | A committee constituted by the State Government to deal with disability matters at the district level. |
Who constitutes the District-level Committee? | The State Government. |
What is the purpose of the Committee? | To perform such functions as may be prescribed by the State Government. |
Does the Act specify detailed functions of the District-level Committee? | No, functions are prescribed by the State Government. |
What is the main purpose of Section 72? | To provide for the constitution of District-level Committees on Disability by the State Government. |
Which section specifies ‘Vacancies not to invalidate proceedings’? | Section 73 of the RPwD Act, 2016. |
Can a vacancy in a Board or Committee invalidate its proceedings? | No, vacancies do not invalidate acts or proceedings. |
Which bodies are covered under Section 73? | Central Advisory Board, State Advisory Board, and District-level Committee on Disability. |
Can defects in constitution of a Board or Committee challenge its proceedings? | No, proceedings cannot be questioned merely due to defects in constitution. |
What is the main purpose of Section 73? | To ensure that vacancies or minor defects do not affect the validity of actions or decisions. |
Does Section 73 affect the legal powers of the Boards or Committees? | No, their acts and proceedings remain valid despite vacancies or defects. |
| |
CHAPTER XII | |
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES | |
Which sec deals with ‘Appointment of Chief Commissioner and Commissioners’? | Section 74 |
Who appoints the Chief Commissioner for Persons with Disabilities? | The Central Government, by notification. |
How many Commissioners assist the Chief Commissioner? | Two Commissioners, one of whom shall be a person with disability. |
What is the eligibility criterion for appointment as Chief Commissioner or Commissioner? | Must have special knowledge or practical experience in matters relating to rehabilitation. |
Who prescribes the salary, allowances, and other service conditions of the Chief Commissioner and Commissioners? | The Central Government. |
Who determines the officers and employees required to assist the Chief Commissioner? | The Central Government. |
Under whose control do officers and employees assisting the Chief Commissioner function? | Under the general superintendence and control of the Chief Commissioner. |
Can the officers and employees’ service conditions be prescribed? | Yes, by the Central Government. |
Is the Chief Commissioner assisted by an advisory committee? | Yes, comprising up to eleven members who are experts in different disabilities. |
Who prescribes the composition of the advisory committee? | The Central Government. |
What is the main purpose of Section 74? | To provide for the appointment, qualifications, assistance, and service conditions of the Chief Commissioner and Commissioners. |
Which sec deals with ‘Functions of Chief Commissioner’? | Section 75 |
What is the primary role of the Chief Commissioner? | To protect and promote the rights of persons with disabilities under the Act. |
Can the Chief Commissioner identify inconsistent laws or policies? | Yes, suo motu or otherwise, and recommend corrective steps. |
Can the Chief Commissioner inquire into deprivation of rights? | Yes, for matters under the Central Government, and take corrective action with authorities. |
Does the Chief Commissioner review safeguards under the Act? | Yes, and recommends measures for effective implementation. |
Can the Chief Commissioner review factors inhibiting rights enjoyment? | Yes, and recommend remedial measures. |
Is the Chief Commissioner involved in international treaties? | Yes, studies treaties and recommends their effective implementation. |
Can the Chief Commissioner promote research? | Yes, in the field of rights of persons with disabilities. |
Does the Chief Commissioner promote awareness of rights? | Yes, including safeguards available for protection. |
Does the Chief Commissioner monitor implementation of the Act and schemes? | Yes, including utilization of funds disbursed by the Central Government. |
Can the Chief Commissioner perform other functions? | Yes, any functions assigned by the Central Government. |
Must the Chief Commissioner consult the Commissioners? | Yes, while discharging functions under this Act. |
Which sec deals with ‘Action of appropriate authorities on recommendation of Chief Commissioner’? | Section 76 |
What action must an authority take on a recommendation from the Chief Commissioner? | Take necessary action within 3 months and inform the Chief Commissioner. |
What should an authority do if it does not accept the Chief Commissioner's recommendation? | Convey reasons for non-acceptance to the Chief Commissioner and inform the aggrieved person within 3 months. |
What is the time limit for an authority to respond to the Chief Commissioner's recommendation? | Within 3 months from receipt of the recommendation. |
Who must be informed about the action taken on a recommendation? | The Chief Commissioner; if not accepted, the aggrieved person must also be informed. |
What is the main purpose of Section 76? | To ensure authorities act on Chief Commissioner's recommendations and maintain accountability for non-acceptance. |
Which sec deals with ‘Powers of Chief Commissioner.’? | Section 77 |
What powers does the Chief Commissioner have under Section 77? | Same powers as a civil court under the CPC while trying a suit. |
What civil court powers can the Chief Commissioner exercise? | Summon/enforce attendance of witnesses, require discovery/production of documents, requisition public records, receive evidence on affidavits, issue commissions for examination of witnesses or documents. |
Are proceedings before the Chief Commissioner judicial in nature? | Yes, they are judicial proceedings under IPC sections 193 and 228. |
Is the Chief Commissioner considered a civil court for any purpose? | Yes, for section 195 IPC and Chapter XXVI CrPC purposes. |
What is the main purpose of Section 77? | To empower the Chief Commissioner with civil court powers for discharging functions and conducting judicial proceedings. |
Which section deals with ‘Annual and special reports by Chief Commissioner’? | Section 78 |
What reports must the Chief Commissioner submit under Section 78? | Annual reports to the Central Government and special reports on urgent/important matters. |
What happens to the Chief Commissioner’s reports after submission? | The Central Government lays them before both Houses of Parliament with action taken or reasons for non-acceptance of recommendations. |
Can the Chief Commissioner submit a report outside the annual report? | Yes, special reports can be submitted anytime for urgent or important matters. |
How should the annual and special reports be prepared? | In the form, manner, and detail prescribed by the Central Government. |
What is the main purpose of Section 78? | To ensure accountability of the Chief Commissioner through reporting and Parliamentary oversight. |
What reports must the Chief Commissioner submit under Section 78? | Annual reports to the Central Government and special reports on urgent/important matters. |
What happens to the Chief Commissioner’s reports after submission? | The Central Government lays them before both Houses of Parliament with action taken or reasons for non-acceptance of recommendations. |
Can the Chief Commissioner submit a report outside the annual report? | Yes, special reports can be submitted anytime for urgent or important matters. |
How should the annual and special reports be prepared? | In the form, manner, and detail prescribed by the Central Government. |
What is the main purpose of Section 78? | To ensure accountability of the Chief Commissioner through reporting and Parliamentary oversight. |
Which section deals with ‘Appointment of State Commissioner in States’? | Section 79 |
Who appoints the State Commissioner for Persons with Disabilities? | The State Government, by notification. |
What is the qualification for appointment as State Commissioner? | Special knowledge or practical experience in matters relating to rehabilitation. |
Who determines the salary, allowances, and service conditions of the State Commissioner? | The State Government prescribes salary, allowances, and other terms of service. |
How is the State Commissioner assisted in discharging functions? | Provided officers and employees under his superintendence and an advisory committee of up to five experts in the disability sector. |
What is the purpose of Section 79? | To establish the State Commissioner with qualified personnel and advisory support for implementation of the Act at the state level. |
Which sec deals with ‘Functions of State Commissioner.’? | Section 80 |
What is the main function of the State Commissioner under Section 80? | Identify inconsistencies in laws/policies and recommend corrective measures. |
How does the State Commissioner address deprivation of rights of persons with disabilities? | Inquire suo motu or on complaint and take up matters with appropriate authorities for corrective action. |
What review functions does the State Commissioner perform? | Review safeguards under this Act or other laws and recommend measures for effective implementation. |
What other roles does the State Commissioner perform? | Promote research, awareness, monitor implementation of Act and schemes, monitor fund utilization, and perform functions assigned by the State Government. |
What is the overall purpose of Section 80? | To ensure protection, promotion, and effective enforcement of rights of persons with disabilities at the state level. |
Which sec deals with ‘Action by appropriate authorities on recommendation of State Commissioner’? | Section 81 |
What must an authority do on receiving a recommendation from the State Commissioner under Section 80(b)? | Take necessary action and inform the State Commissioner within 3 months. |
What should an authority do if it does not accept the State Commissioner’s recommendation? | Convey reasons for non-acceptance to the State Commissioner and inform the aggrieved person within 3 months. |
What is the time limit for an authority to respond to a recommendation from the State Commissioner? | Within 3 months from receipt of the recommendation. |
Who must be informed about the action taken on the recommendation? | The State Commissioner; if not accepted, the aggrieved person must also be informed. |
What is the main purpose of Section 81? | To ensure authorities act on the State Commissioner’s recommendations and maintain accountability for non-acceptance. |
Which sec deals with ‘Powers of State Commissioner.’? | Section 82 |
What powers does the State Commissioner have under Section 82? | Same powers as a civil court under the CPC while trying a suit. |
What civil court powers can the State Commissioner exercise? | Summon/enforce attendance of witnesses, require discovery/production of documents, requisition public records, receive evidence on affidavits, and issue commissions for examination of witnesses or documents. |
Are proceedings before the State Commissioner judicial in nature? | Yes, judicial proceedings under IPC sections 193 and 228. |
Is the State Commissioner considered a civil court for any purpose? | Yes, for section 195 IPC and Chapter XXVI CrPC purposes. |
What is the main purpose of Section 82? | To empower the State Commissioner with civil court powers for discharging functions and conducting judicial proceedings. |
Which sec deals with ‘Annual and special reports by State Commissioner’? | Section 83 |
What reports must the State Commissioner submit under Section 83? | Annual reports to the State Government and special reports on urgent or important matters. |
What happens to the State Commissioner’s reports after submission? | Laid before the State Legislature with action taken or reasons for non-acceptance of recommendations. |
Can the State Commissioner submit reports outside the annual report? | Yes, special reports can be submitted anytime for urgent or important matters. |
How should the annual and special reports be prepared? | In the form, manner, and details prescribed by the State Government. |
What is the main purpose of Section 83? | To ensure accountability of the State Commissioner through reporting and legislative oversight. |
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CHAPTER XIII | |
SPECIAL COURT | |
Which sec deals with ‘Special Court’? | Section 84 |
Who specifies the Special Court for each district? | The State Government, with the concurrence of the Chief Justice of the High Court, by notification. |
Which court is designated as the Special Court? | A Court of Session in each district. |
What type of cases does the Special Court try? | Offences committed under the Rights of Persons with Disabilities Act, 2016. |
What is the main purpose of Section 84? | To ensure speedy and efficient trial of offences under the Act at the district level. |
Which sec deals with ‘Special Public Prosecutor.’? | Section 85 |
Who appoints the Special Public Prosecutor for a Special Court? | The State Government, by notification. |
What is the qualification to be appointed as a Special Public Prosecutor? | Must be an advocate with at least seven years of practice. |
What is the role of the Special Public Prosecutor? | To conduct cases in the Special Court. |
What is the remuneration of the Special Public Prosecutor? | As prescribed by the State Government. |
What is the main purpose of Section 85? | To ensure qualified prosecution in Special Courts for speedy trial of offences under the Act. |
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CHAPTER XIV | |
NATIONAL FUND FOR PERSONS WITH DISABILITIES | |
Which sec deals with ‘National Fund for persons with disabilities’? | Section 86 |
What is the National Fund under Section 86 called? | National Fund for persons with disabilities. |
What are the sources of the National Fund? | Existing disability funds (1983 & 2006), sums from banks/courts, grants, gifts, donations, Central Government funds, and other sources as decided by the Central Government. |
How is the National Fund utilised? | Managed and utilised in the manner prescribed by the Central Government. |
What is the main purpose of Section 86? | To provide a dedicated fund for welfare and empowerment of persons with disabilities. |
Which sec deals with ‘Accounts and audit’? | Section 87 |
Who maintains the accounts of the National Fund? | The Central Government, in consultation with the Comptroller and Auditor-General (CAG). |
Who audits the accounts of the Fund? | The Comptroller and Auditor-General of India at specified intervals. |
What powers does the CAG have during the audit? | Same powers as for Government accounts, including demanding books, vouchers, documents, and inspecting offices of the Fund. |
Where are the audited accounts of the Fund laid? | Before each House of Parliament by the Central Government. |
What is the main purpose of Section 87? | To ensure proper accounting, audit, and transparency of the National Fund for persons with disabilities. |
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CHAPTER XV | |
STATE FUND FOR PERSONS WITH DISABILITIES | |
What is the State Fund under Section 88 called? | State Fund for persons with disabilities. |
Who constitutes the State Fund? | The State Government, in the manner prescribed by it. |
How is the State Fund utilised and managed? | As prescribed by the State Government. |
Who maintains the accounts of the State Fund? | The State Government, in consultation with the Comptroller and Auditor-General (CAG). |
Who audits the accounts of the State Fund? | The Comptroller and Auditor-General of India at specified intervals. |
What powers does the CAG have during the audit? | Same powers as for Government accounts, including demanding books, vouchers, documents, and inspecting offices of the State Fund. |
Where are the audited accounts of the State Fund laid? | Before each House of the State Legislature or the single House, as applicable. |
What is the main purpose of Section 88? | To ensure proper constitution, management, accounting, and audit of the State Fund for persons with disabilities. |
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CHAPTER XVI | |
OFFENCES AND PENALTIES | |
Which sec deals with ‘Punishment for contravention of provisions of Act or rules or regulations made thereunder’? | Section 89 |
Punishment for contravention of Act/rules? | First: fine ₹10,000; subsequent: ₹50,000–₹5 lakh. |
Which sec deals with ‘Offences by companies.’? | Section 90 |
Offences by companies? | Company & officers in charge liable; directors/officers guilty if consent, connivance, or negligence; “company” includes firms; “director”=partner. |
Which sec deals with ‘Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities’? | Section 91 |
Punishment for fraudulently availing benefits? | imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both |
Which sec deals with ‘Punishment for offences of atrocities.’? | Section 92 |
Punishment for offences of atrocities? | Imprisonment 6 months–5 years & fine for assault, humiliation, sexual exploitation, denial of food/fluids, injuring limbs/devices, unauthorized medical procedures. |
Which sec deals with ‘Punishment for failure to furnish information’? | Section 93 |
What is the punishment for failing to furnish information under the RPWD Act? | Fine up to ₹25,000 per offence; continued failure: additional ₹1,000 per day. |
Who is liable under Section 93? | Anyone failing to produce books, accounts, documents, statements, or answer questions as required under the Act, orders, or directions. |
What is the main purpose of Section 93? | To ensure compliance with information requests for proper enforcement of the Act. |
Which section deals with ‘Previous sanction of appropriate Government.’? | Section 94 |
When can a court take cognizance of an offence by a government employee under this Chapter? | Only with previous sanction of the appropriate Government or a complaint filed by an authorized officer. |
Who grants sanction for prosecution? | The appropriate Government. |
What is the main purpose of Section 94? | To ensure prior government approval before prosecuting its employees under the Act. |
Which sec deals with ‘Alternative punishments.’? | Section 95 |
What happens when an act is punishable under the RPWD Act and another law? | Offender is punished only under the law that provides the greater punishment. |
Who decides which punishment applies? | The Act providing the greater degree of punishment applies. |
What is the main purpose of Section 95? | To avoid double punishment and ensure the maximum penalty is applied. |
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CHAPTER XVII | |
MISCELLANEOUS | |
Which sec deals with ‘Application of other laws not barred’? | Section 96 |
Does the RPWD Act override other laws? | No, its provisions are in addition to other existing laws. |
What is the main purpose of Section 96? | To clarify that the Act supplements, not derogates from, other laws. |
Which sec deals with ‘Protection of action taken in good faith’? | Section 97 |
Who is protected for actions taken in good faith under the RPWD Act? | Appropriate Government, its officers, and officers/employees of the Chief Commissioner or State Commissioner. |
Can a suit or prosecution lie for actions done in good faith under the Act? | No legal proceeding shall lie for acts done in good faith under the Act. |
What type of actions are protected under Section 97? | Actions done or intended to be done in good faith under the Act or rules. |
Are officers of the Chief Commissioner protected for actions in good faith? | Yes, they are protected from suits, prosecutions, or legal proceedings. |
Are State Commissioner’s employees protected for good faith actions? | Yes, they are protected under Section 97. |
Does protection apply to both acts done and intended to be done? | Yes, both acts done and intended to be done in good faith are protected. |
What is the objective of Section 97? | To protect government authorities from legal liability for bona fide actions under the Act. |
Does Section 97 provide immunity from legal proceedings? | Yes, for actions taken in good faith under the Act or rules. |
Which sec deals with ‘Power to remove difficulties’? | Section 98 |
Who has the power to remove difficulties in implementing the RPWD Act? | The Central Government. |
How does the Central Government remove difficulties under Section 98? | By issuing an order published in the Official Gazette. |
What condition must the order under Section 98 satisfy? | It must not be inconsistent with the provisions of the Act. |
What is the time limit for exercising the power to remove difficulties? | Within two years from the commencement of the Act. |
Where must the order removing difficulties be placed? | Before each House of Parliament. |
What is the purpose of Section 98? | To enable the Central Government to remove implementation difficulties in the Act. |
Can the Central Government issue directions to remove difficulties? | Yes, if necessary or expedient and consistent with the Act. |
How are Parliament members informed about such orders? | The order must be laid before both Houses of Parliament. |
Which sec deals with ‘Power to amend Schedule’? | Section 99 |
Who has the power to amend the Schedule under the RPWD Act? | The Central Government. |
How can the Schedule be amended under Section 99? | By notification issued by the Central Government. |
On whose recommendation can the Schedule be amended? | On recommendations of the appropriate Government or otherwise. |
When does the Schedule stand amended? | When the Central Government issues the notification. |
Where must the notification amending the Schedule be laid? | Before each House of Parliament. |
What condition must the Central Government satisfy before amending the Schedule? | It must consider the amendment necessary or expedient. |
What is the purpose of Section 99? | To empower the Central Government to modify the Schedule of the Act. |
How is parliamentary oversight ensured for Schedule amendments? | The notification must be laid before both Houses of Parliament. |
Who has the power to make rules under the RPWD Act? | The Central Government. |
Which sec deals with ‘Power of Central Government to make rules’? | Section 100 |
How are rules made under Section 100? | By notification after previous publication. |
What is the purpose of rules made under Section 100? | To carry out the provisions of the Act. |
What matters may be prescribed by rules under Section 100? | Matters relating to committees, policies, records, procedures, funds, and administration under the Act. |
Can rules be made regarding accessibility standards? | Yes, under Section 40 through rules made by the Central Government. |
Can rules prescribe the procedure for disability certificates? | Yes, the application manner and form of certificate can be prescribed. |
Can rules regulate the salaries and service conditions of the Chief Commissioner? | Yes, rules may prescribe salaries, allowances, and service conditions. |
Can rules regulate utilisation and management of the National Fund? | Yes, rules may prescribe the procedure for utilisation and management of the Fund. |
Where must the rules made under the Act be placed? | Before each House of Parliament. |
For how long must rules be laid before Parliament? | For a total period of 30 days during one or more sessions. |
Can Parliament modify or annul the rules? | Yes, both Houses may modify or annul the rules. |
What happens if Parliament modifies the rule? | The rule will have effect only in the modified form. |
What happens if Parliament annuls the rule? | The rule will cease to have effect. |
Does modification or annulment affect prior actions under the rule? | No, prior actions remain valid. |
What is the main objective of Section 100? | To empower the Central Government to frame rules for effective implementation of the Act. |
Which sec deals with ‘Power of State Government to make rules’? | Section 101 |
Who has the power to make rules under Section 101? | The State Government. |
How are rules made by the State Government under this Act? | By notification subject to previous publication. |
Within what time should the State Government make rules after commencement of the Act? | Within six months from the commencement of the Act. |
What is the purpose of rules made by the State Government? | To carry out the provisions of the Act at the State level. |
Can rules prescribe the manner of constituting the Committee for Research on Disability? | Yes, under Section 5(2). |
Can rules regulate the provision of limited guardianship? | Yes, the manner of providing support of a limited guardian may be prescribed. |
Can rules prescribe the procedure for registration of institutions for persons with disabilities? | Yes, including application form, facilities, standards, and validity of registration. |
Can rules specify the appeal process against orders of certifying authorities? | Yes, including time and manner of appeal. |
Can rules regulate allowances of State Advisory Board members? | Yes, allowances and meeting procedures may be prescribed. |
Can rules determine composition and functions of the District Level Committee? | Yes, under Section 72. |
Can rules prescribe salaries and service conditions of the State Commissioner and staff? | Yes, salaries, allowances, and service conditions may be prescribed. |
Can rules regulate the composition of the advisory committee assisting the State Commissioner? | Yes, the composition and appointment of experts may be prescribed. |
Can rules prescribe the form and manner of annual and special reports of the State Commissioner? | Yes, under Section 83(3). |
Can rules fix remuneration for the Special Public Prosecutor? | Yes, under Section 85(2). |
Can rules regulate the constitution and management of the State Fund for persons with disabilities? | Yes, under Section 88. |
Where must the rules made by the State Government be laid? | Before the State Legislature (both Houses or the single House). |
What is the main purpose of Section 101? | To empower State Governments to frame rules for effective implementation of the Act at the State level. |
Which sec deals with ‘Repeal and savings’? | Section 102 |
Which Act is repealed by Section 102 of the RPWD Act, 2016? | The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. |
Under which section is the 1995 Disabilities Act repealed? | Section 102 of the RPWD Act, 2016. |
What is the short title of the repealed 1995 law? | The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. |
What happens to actions taken under the repealed 1995 Act? | They are deemed to have been taken under the corresponding provisions of the RPWD Act, 2016. |
Does repeal of the 1995 Act invalidate actions taken under it? | No, such actions remain valid. |
What principle is reflected in Section 102(2)? | The principle of “repeal with saving clause.” |
What is meant by “savings” under Section 102? | Actions taken under the repealed Act continue to remain valid under the new Act. |
What is the purpose of the saving clause in Section 102? | To ensure continuity of legal actions and decisions. |
Does Section 102 protect actions already taken under the 1995 Act? | Yes, they are deemed to be taken under the new Act. |
What is the main objective of Section 102 of the RPWD Act, 2016? | To repeal the 1995 Act while saving actions taken under it. |
After repeal, under which Act will earlier actions be treated? | Under the corresponding provisions of the RPWD Act, 2016. |
Does Section 102 ensure legal continuity after repeal? | Yes, it preserves past actions under the new law. |
Download Rights Of Persons With Disabilities Act, 2016 One Liner Notes PDF