The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
No suit, prosecution or other legal proceeding shall lie against the appropriate Government or any officer of the appropriate Government or any officer or employee of the Chief Commissioner or the State Commissioner for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament.
(1) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to have been amended accordingly.
(2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament.
(1) The Central Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6;
(b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21;
(c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22;
(d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23;
(e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36;
(f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38;
(g) rules for person with disabilities laying down the standards of accessibility under section 40;
(h) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 58;
(i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61;
(j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64;
(k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74;
(l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74;
(m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74;
(n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78;
(o) the procedure, manner of utilisation and management of the Fund under sub-section (2) of section 86; and
(p) the form for preparation of accounts of Fund under sub-section (1) of section 87.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) The State Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act.
(2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 5;
(b) the manner of providing support of a limited guardian under sub-section (1) of section 14;
(c) the form and manner of making an application for certificate of registration under sub-section (1) of section 51;
(d) the facilities to be provided and standards to be met by institutions for grant of certificate of registration under sub-section (3) of section 51;
(e) the validity of certificate of registration, the form of, and conditions attached to, certificate of registration under sub-section (4) of section 51;
(f) the period of disposal of application for certificate of registration under sub-section (7) of section 51;
(g) the period within which an appeal to be made under sub-section (1) of section 53;
(h) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59;
(i) the allowances to be paid to nominated Members of the State Advisory Board under sub-section (6) of section 67;
(j) the rules of procedure for transaction of business in the meetings of the State Advisory Board under section 70;
(k) the composition and functions of District Level Committee under section 72;
(l) salaries, allowances and other conditions of services of the State Commissioner under sub-section (3) of section 79;
(m) the salaries, allowances and conditions of services of officers and staff of the State Commissioner under sub-section (3) of section 79;
(n) the composition and manner of appointment of experts in the advisory committee under sub-section (7) of section 79;
(o) the form, manner and content of annual and special reports to be prepared and submitted by the State Commissioner under sub-section (3) of section 83;
(p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of section 85;
(q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), and the manner of utilisation and management of State Fund under sub-section (2) of section 88;
(r) the form for preparation of accounts of the State Fund for persons with disabilities under sub-section (3) of section 88.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.
(1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 (1 of 1996) is hereby repealed.
(2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.
1. Physical disability.—
A. Locomotor disability (a person’s inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), including—
(a) “leprosy cured person” means a person who has been cured of leprosy but is suffering from—
(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;
(iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and the expression “leprosy cured” shall construed accordingly;
(b) “cerebral palsy” means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth;
(c) “dwarfism” means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less;
(d) “muscular dystrophy” means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue;
(e) “acid attack victims” means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance.
B. Visual impairment—
(a) “blindness” means a condition where a person has any of the following conditions, after best correction—
(i) total absence of sight; or
(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or
(iii) limitation of the field of vision subtending an angle of less than 10 degree.
(b) “low-vision” means a condition where a person has any of the following conditons, namely:—
(i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or
(ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree.
C. Hearing impairment—
(a) “deaf” means persons having 70 DB hearing loss in speech frequencies in both ears;
(b) “hard of hearing” means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears;
D. “speech and language disability” means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes.
2. Intellectual disability, a condition characterised by significant limitation both in intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour which covers a range of every day, social and practical skills, including—
(a) “specific learning disabilities” means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia;
(b) “autism spectrum disorder” means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person's ability to communicate, understand relationships and relate to others, and is frequently associated with unusal or stereotypical rituals or behaviours.
3. Mental behaviour,—
“mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include retardation which is a conditon of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence.
4. Disability caused due to—
(a) chronic neurological conditions, such as—
(i) “multiple sclerosis” means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other;
(ii) “parkinson's disease” means a progressive disease of the nervous system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly affecting middle-aged and elderly people associated with degeneration of the basal ganglia of the brain and a deficiency of the neurotransmitter dopamine.
(b) Blood disorder—
(i) “haemophilia” means an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor would may result in fatal bleeding;
(ii) “thalassemia” means a group of inherited disorders characterised by reduced or absent amounts of haemoglobin.
(iii) “sickle cell disease” means a hemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated tissue and organ damage; “hemolytic” refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin.
5. Multiple Disabilities (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have combination of hearing and visual impairments causing severe communication, developmental, and educational problems.
6. Any other category as may be notified by the Central Government.
