53. Appeal.—
(1) Any person aggrieved by the order of the competent authority refusing to grant a
certificate of registration or revoking a certificate of registration may, within such period as may be
prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by
the State Government against such refusal or revocation.
(2) The order of the appellate authority on such appeal shall be final.
54. Act not to apply to institutions established or maintained by Central or State
Government.—Nothing contained in this Chapter shall apply to an institution for persons with
disabilities established or maintained by the Central Government or a State Government.
55. Assistance to registered institutions.—The appropriate Government may within the limits of
their economic capacity and development, grant financial assistance to registered institutions to provide
services and to implement the schemes and programmes in pursuance of the provisions of this Act.
CHAPTER X
CERTIFICATION OF SPECIFIED DISABILITIES
56. Guidelines for assessment of specified disabilities.—The Central Government shall notify
guidelines for the purpose of assessing the extent of specified disability in a person.
57. Designation of certifying authorities.—
(1) The appropriate Government shall designate persons,
having requisite qualifications and experience, as certifying authorities, who shall be competent to issue
the certificate of disability.
(2) The appropriate Government shall also notify the jurisdiction within which and the terms and
conditions subject to which, the certifying authority shall perform its certification functions.
58. Procedure for certification.—
(1) Any person with specified disability, may apply, in such
manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for
issuing of a certificate of disability.
(2) On receipt of an application under sub-section
(1), the certifying authority shall assess the
disability of the concerned person in accordance with relevant guidelines notified under section 56, and
shall, after such assessment, as the case may be,—
(a) issue a certificate of disability to such person, in such form as may be prescribed by the
Central Government;
(b) inform him in writing that he has no specified disability.
(3) The certificate of disability issued under this section shall be valid across the country.
59. Appeal against a decision of certifying authority.—
(1) Any person aggrieved with decision of
the certifying authority, may appeal against such decision, within such time and in such manner as may be
prescribed by the State Government, to such appellate authority as the State Government may designate
for the purpose.
(2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be
prescribed by the State Government.
CHAPTER XI
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE
60. Constitution of Central Advisory Board on Disability.—
(1) The Central Government shall, by
notification, constitute a body to be known as the Central Advisory Board on Disability to exercise the
powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The Central Advisory Board shall consist of,—
(a) the Minister in charge of Department of Disability Affairs in the Central Government,
Chairperson, ex officio;
(b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry
in the Central Government, Vice Chairperson, ex officio;
(c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the
Rajya Sabha, Members, ex officio;
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(d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant
Governors of the Union territories, Members, ex officio;
(e) Secretaries to the Government of India in charge of the Ministries or Departments of
Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher
Education, Women and Child Development, Expenditure, Personnel and Training, Administrative
Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj,
Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation,
Science and Technology, Communications and Information Technology, Legal Affairs, Public
Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members,
ex officio;
(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio;
(g) Chairperson, Rehabilitation Council of India, Member, ex officio;
(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities, Member, ex officio;
(i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation,
Member, ex officio;
(j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member,
ex officio;
(k) Chairman, Railway Board, Member, ex officio;
(l) Director-General, Employment and Training, Ministry of Labour and Employment, Member,
ex officio;
(m) Director, National Council for Educational Research and Training, Member, ex officio;
(n) Chairperson, National Council of Teacher Education, Member, ex officio;
(o) Chairperson, University Grants Commission, Member, ex officio;
(p) Chairperson, Medical Council of India, Member, ex officio;
(q) Directors of the following Institutes:—
(i) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secunderabad;
(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi;
(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai;
(v) National Institute for the Orthopaedically Handicapped, Kolkata;
(vi) National Institute of Rehabilitation Training and Research, Cuttack;
(vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai;
(viii) National Institute for Mental Health and Sciences, Bangalore;
(ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio;
(r) Members to be nominated by the Central Government,—
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) ten Members, as far as practicable, being persons with disabilities, to represent
non-Governmental Organisations concerned with disabilities or disabled persons organisations:
Provided that out of the ten Members nominated, at least, five Members shall be women and
at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;
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(iii) up to three representatives of national level chambers of commerce and industry;
(s) Joint Secretary to the Government of India dealing with the subject of disability policy,
Member-Secretary, ex officio.
61. Terms and conditions of Service of members.—
(1) Save as otherwise provided under this Act,
a Member of the Central Advisory Board nominated under clause
(r) of sub-section
(2) of section 60 shall
hold office for a term of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office.
(2) The Central Government may, if it thinks fit, remove any Member nominated under clause
(r) of
sub-section
(2) of section 60, before the expiry of his term of office after giving him a reasonable
opportunity of showing cause against the same.
(3) A Member nominated under clause
(r) of sub-section
(2) of section 60 may at any time resign his
office by writing under his hand addressed to the Central Government and the seat of the said Member
shall thereupon becomes vacant.
(4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the
person nominated to fill the vacancy shall hold office only for the remainder of the term for which the
Member in whose place he was so nominated.
(5) A Member nominated under sub-clause
(i) or sub-clause (iii) of clause
(r) of sub-section
(2) of
section 60 shall be eligible for renomination.
(6) The Members nominated under sub-clause
(i) and sub-clause (ii) of clause
(r) of sub-section
(2) of
section 60 shall receive such allowances as may be prescribed by the Central Government.
62. Disqualifications.—
(1) No person shall be a Member of the Central Advisory Board, who—
(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has so abused his position in the opinion of the Central Government as a Member so as to
render his continuance in the office is prejudicial interests of the general public.
(2) No order of removal shall be made by the Central Government under this section unless the
Member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section
(1) or sub-section
(5) of section 61, a Member
who has been removed under this section shall not be eligible for renomination as a Member.
63. Vacation of seats by Members.—If a Member of the Central Advisory Board becomes subject to
any of the disqualifications specified in section 62, his seat shall become vacant.
64. Meetings of the Central Advisory Board on disability.—The Central Advisory Board shall
meet at least once in every six months and shall observe such rules of procedure in regard to the
transaction of business at its meetings as may be prescribed.
65. Functions of Central Advisory Board on disability.—
(1) Subject to the provisions of this Act,
the Central Advisory Board on disability shall be the national-level consultative and advisory body on
disability matters, and shall facilitate the continuous evolution of a comprehensive policy for the
empowerment of persons with disabilities and the full enjoyment of rights.
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(2) In particular and without prejudice to the generality of the foregoing provisions, the Central
Advisory Board on disability shall perform the following functions, namely:—
(a) advise the Central Government and the State Governments on policies, programmes,
legislation and projects with respect to disability;
(b) develop a national policy to address issues concerning persons with disabilities;
(c) review and coordinate the activities of all Departments of the Government and other
Governmental and non-Governmental Organisations which are dealing with matters relating to
persons with disabilities;
(d) take up the cause of persons with disabilities with the concerned authorities and the
international organisations with a view to provide for schemes and projects for the persons with
disabilities in the national plans;
(e) recommend steps to ensure accessibility, reasonable accommodation, non-discrimination for
persons with disabilities vis-a-vis information, services and the built environment and their
participation in social life;
(f) monitor and evaluate the impact of laws, policies and programmes to achieve full participation
of persons with disabilities; and
(g) such other functions as may be assigned from time to time by the Central Government.
66. State Advisory Board on disability.—
(1) Every State Government shall, by notification,
constitute a body to be known as the State Advisory Board on disability to exercise the powers conferred
on, and to perform the function assigned to it, under this Act.
(2) The State Advisory Board shall consist of—
(a) the Minister in charge of the Department in the State Government dealing with disability
matters, Chairperson, ex officio;
(b) the Minister of State or the Deputy Minister in charge of the Department in the State
Government dealing with disability matters, if any, Vice-Chairperson, ex officio;
(c) secretaries to the State Government in charge of the Departments of Disability Affairs, School
Education, Literacy and Higher Education, Women and Child Development, Finance, Personnel and
Training, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and
Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty Alleviation,
Science and Technology, Information Technology, Public Enterprises, Youth Affairs and Sports,
Road Transport and any other Department, which the State Government considers necessary,
Members, ex officio;
(d) three Members of the State Legislature of whom two shall be elected by the Legislative
Assembly and one by the Legislative Council, if any, and where there is no Legislative Council, three
Members shall be elected by the Legislative Assembly, Members, ex officio;
(e) Members to be nominated by the State Government:—
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) five Members to be nominated by the State Government by rotation to represent the
districts in such manner as may be prescribed:
Provided that no nomination under this sub-clause shall be made except on the
recommendation of the district administration concerned;
(iii) ten persons as far as practicable, being persons with disabilities, to represent
non-Governmental Organisations or associations which are concerned with disabilities:
Provided that out of the ten persons nominated under this clause, at least, five shall be women
and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;
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(iv) not more than three representatives of the State Chamber of Commerce and Industry;
(f) officer not below the rank of Joint Secretary in the Department dealing with disability matters
in the State Government, Member-Secretary, ex officio.
67. Terms and conditions of service of Members.—
(1) Save as otherwise provided under this Act,
a Member of the State Advisory Board nominated under clause
(e) of sub-section
(2) of section 66, shall
hold office for a term of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office.
(2) The State Government may, if it thinks fit, remove any Member nominated under clause
(e) of
sub-section
(2) of section 66, before the expiry of his term of office after giving him a reasonable
opportunity of showing cause against the same.
(3) A Member nominated under clause
(e) of sub-section
(2) of section 66 may at any time resign his
office by writing under his hand addressed to the State Government and the seat of the said Member shall
thereupon become vacant.
(4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person
nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in
whose place he was so nominated.
(5) A Member nominated under sub-clause
(i) or sub-clause (iii) of clause
(e) of sub-section
(2) of
section 66 shall be eligible for renomination.
(6) The Members nominated under sub-clause
(i) and sub-clause (ii) of clause
(e) of sub-section
(2) of
section 66 shall receive such allowances as may be prescribed by the State Government.
68. Disqualification.—
(1) No person shall be a Member of the State Advisory Board, who—
(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the State Government,
involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has so abused in the opinion of the State Government his position as a Member as to render
his continuance in the State Advisory Board detrimental to the interests of the general public.
(2) No order of removal shall be made by the State Government under this section unless the Member
concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section
(1) or sub-section
(5) of section 67, a Member
who has been removed under this section shall not be eligible for renomination as a Member.
69. Vacation of seats.—If a Member of the State Advisory Board becomes subject to any of the
disqualifications specified in section 68 his seat shall become vacant.
70. Meetings of State Advisory Board on disability.—The State Advisory Board shall meet at least
once in every six months and shall observe such rules or procedure in regard to the transaction of business
at its meetings as may be prescribed by the State Government.
71. Functions of State Advisory Board on disability.—
(1) Subject to the provisions of this Act, the
State Advisory Board shall be the State-level consultative and advisory body on disability matters, and
shall facilitate the continuous evolution of a comprehensive policy for the empowerment of persons with
disabilities and the full enjoyment of rights.
25
(2) In particular and without prejudice to the generality of the foregoing provisions, the State
Advisory Board on disability shall perform the following functions, namely:—
(a) advise the State Government on policies, programmes, legislation and projects with respect to
disability;
(b) develop a State policy to address issues concerning persons with disabilities;
(c) review and coordinate the activities of all Departments of the State Government and other
Governmental and non-Governmental Organisations in the State which are dealing with matters
relating to persons with disabilities;
(d) take up the cause of persons with disabilities with the concerned authorities and the
international organisations with a view to provide for schemes and projects for the persons with
disabilities in the State plans;
(e) recommend steps to ensure accessibility, reasonable accommodation, non-discrimination for
persons with disabilities, services and the built environment and their participation in social life on an
equal basis with others;
(f) monitor and evaluate the impact of laws, policies and programmes designed to achieve full
participation of persons with disabilities; and
(g) such other functions as may be assigned from time to time by the State Government.
72. District-level Committee on disability.—The State Government shall constitute District-level
Committee on disability to perform such functions as may be prescribed by it.
73. Vacancies not to invalidate proceedings.—No act or proceeding of the Central Advisory Board
on disability, a State Advisory Board on disability, or a District-level Committee on disability shall be
called in question on the ground merely of the existence of any vacancy in or any defect in the
constitution of such Board or Committee, as the case may be.
CHAPTER XII
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
74. Appointment of Chief Commissioner and Commissioners.—
(1) The Central Government may,
by notification, appoint a Chief Commissioner for Persons with Disabilities (hereinafter referred to as the
“Chief Commissioner”) for the purposes of this Act.
(2) The Central Government may, by notification appoint two Commissioners to assist the Chief
Commissioner, of which one Commissioner shall be a persons with disability.
(3) A person shall not be qualified for appointment as the Chief Commissioner or Commissioner
unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(4) The salary and allowances payable to and other terms and conditions of service (including
pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be
such as may be prescribed by the Central Government.
(5) The Central Government shall determine the nature and categories of officers and other
employees required to assist the Chief Commissioner in the discharge of his functions and provide the
Chief Commissioner with such officers and other employees as it thinks fit.
(6) The officers and employees provided to the Chief Commissioner shall discharge their functions
under the general superintendence and control of the Chief Commissioner.
(7) The salaries and allowances and other conditions of service of officers and employees shall be
such as may be prescribed by the Central Government.
(8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than
eleven members drawn from the experts from different disabilities in such manner as may be prescribed
by the Central Government.
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75. Functions of Chief Commissioner.—
(1) The Chief Commissioner shall—
(a) identify, suo motu or otherwise, the provisions of any law or policy, programme and
procedures, which are inconsistent with this Act and recommend necessary corrective steps;
(b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and
safeguards available to them in respect of matters for which the Central Government is the
appropriate Government and take up the matter with appropriate authorities for corrective action;
(c) review the safeguards provided by or under this Act or any other law for the time being in
force for the protection of rights of persons with disabilities and recommend measures for their
effective implementation;
(d) review the factors that inhibit the enjoyment of rights of persons with disabilities and
recommend appropriate remedial measures;
(e) study treaties and other international instruments on the rights of persons with disabilities and
make recommendations for their effective implementation;
(f) undertake and promote research in the field of the rights of persons with disabilities;
(g) promote awareness of the rights of persons with disabilities and the safeguards available for
their protection;
(h) monitor implementation of the provisions of this Act and schemes, programmes meant for
persons with disabilities;
(i) monitor utilisation of funds disbursed by the Central Government for the benefit of persons
with disabilities; and
(j) perform such other functions as the Central Government may assign.
(2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its
functions under this Act.
76. Action of appropriate authorities on recommendation of Chief Commissioner.—Whenever
the Chief Commissioner makes a recommendation to an authority in pursuance of clause
(b) 1[of sub-
section
(1)] of section 75, that authority shall take necessary action on it, and inform the Chief
Commissioner of the action taken within three months from the date of receipt of the recommendation:
Provided that where an authority does not accept a recommendation, it shall convey reasons for non-
acceptance to the Chief Commissioner within a period of three months, and shall also inform the
aggrieved person.
77. Powers of Chief Commissioner.—
(1) The Chief Commissioner shall, for the purpose of
discharging his functions under this Act, have the same powers of a civil court as are vested in a court
under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following
matters, namely:—
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the Chief Commissioner shall be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Chief Commissioner shall
be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
1. Ins. by Act 4 of 2018, s. 3 and the second Schedule (w.e.f. 5-1-2018).
27
78. Annual and special reports by Chief Commissioner.—
(1) The Chief Commissioner shall
submit an annual report to the Central Government and may at any time submit special reports on any
matter, which, in his opinion, is of such urgency or importance that it shall not be deferred till submission
of the annual report.
(2) The Central Government shall cause the annual and the special reports of the Chief Commissioner
to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be
taken on his recommendations and the reasons for non-acceptance the recommendations, if any.
(3) The annual and special reports shall be prepared in such form, manner and contain such details as
may be pres
