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Registered No: N. E. 930

rules · 2016 · State unknown

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Parent: THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 (c46106f331d39667efae765ade6016c4314a2613)

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No. 189 Registered No: N. E. 930 TRIPURA GAZETTE Published by Authority EXTRAORDINARY ISSUE Agartala_Wednesday_January 16, 2019 AD ; Pausa 26, 1940 S: E: PART Orders and Notifications by the Government of Tripura, The High Court, Government Treasury etc. Government of Tripura; Education (Social Welfare and Social Education) Department NQTIICATION Agartala 16th_January_ 2019 Whereas a craft of the Tripura Rights of Persons with Disabilities Rules_ 2018 was published as required by sub-sections (1) and (2) of section 101 of the Rights of Persons with Disabilities Act: 2016 (49 of 2016) in the Gazette of Tripura Extraordinary. Part-1 , vide No. 1208, Registered No. N.E.930, dated the 22"" November; 2018. inviting objections and suggestions from all persons likely tc be affected thereby, before the exoiry of thirty cays from the date cn which the copies of the Official Gazette containing the said notification were made available to the public: And whereas the copies of the Official Gazette in which the said notification was published were made available to the public on the 22nc November 20'8. And whereas objections and suggestions received from the public on tne said draft ~U es were considered by the State Government; And Now. therefore, exercise of powers conferred by sub-sections and (2) of section 101 of the Rights of Persons with Disabilities Act: 2016 (49 of 2016) the State Government hereby makes the following rules, namely: CHAPTER - | Preliminary Thacp rules mav be caJec the Tripura title and Commencement-- (1) These rue; nay Persons with Disabilities Rules. 2018_ shall come into force on the date of the r final publication in the official 2. Definitions:- <1) In these^ru '^p^onVwHhXlbilities Act: 2016 (49 of 2016); "Act means the Rig disability issued by a certif

Rule TOC

1 · Short Rights of
6 · Terms and condition before recognition of the educational institution - (1) e terms and conditions of grant of recognition to the educational institutions by the competent authority in the State may include the requirements to comply with the provisions of Section 16 of the Act
7 · Application for, and grant of certificate of registration - (1) A person desirous of establishing or maintaining an institution for persons with disabilities may make an application in form 'A- to the competent authority referred to in Section 51 of the Act:
8 · Appeal against the order of component authority: Any person aggrieved by the order of the competent authority referred to in sub-section (1) of Section 51. refusing to grant a certificate of registration or revoking a certificate of registration may: within three months from the date of the order: pre'er an appeal against that order to the appellate authority referred to in sub-section (1) of Section 53 and the appellate authority may after such enquiry into the matter as it considers necessary and after giving the aopellant ar ooportunity of hearings; make such order as it thinks fit
10 · Allowances for the Members of the State Advisory Board:- (1)The non- official Members of the State Advisory Board on disability not residing in the State capital region; shall be paid an allowance of rupees two thousand per day for each day of the actual meetings of the said Board:
11 · Notice of the Meeting:- (1) The meetings of the State Advisory Board on disability constituted under sub- section (1) of Section 66 of the Act (hereinafter in this Chapter referred to as 'the Board") shall ordinarily be held in the Capital of the State on such dates as may be fixed by its Chairperson:
12 · Presiding Officer- The Chairperson of the Board shall preside at every meeting of the Board and in his absence, the Vice-Chairperson thereof shall preside, but when both the Chairperson and the Vice- Chairperson of the Board are absent from any meeting; the members of the Board present shall elect one of the members to preside at that meeting:
15 · Business to be transacted at meeting Except with the permission of the presiding officer no business which is not entered in the agenda or of which notice has not been given by member under sub ru e (5) of rule 11 shall be transacted at any meeting of the Board
16 · Agenda for the mooting of tho State Advisory Board (1) At any meeting of the Board business shall be transacted in the order in wh.ch it is entered in the agenda; unless otherw.se resolved in the meeting with the perm.SS.on of the presiding of"cer
17 · Decision by majority - AII questions considered at a meeting of the Board shall oe
18 · No proceeding to be invalid due to vacancy or any defect - No proceeding of the Board shall be invalid by reasons of existence of any vacancy in or any defect in the constitution of the Board:
19 · District-level Committee:- The District-Level Committee on disability referred to n Section 72 of the Act shall consist of
20 · Functions of the Committee:- The District Level Committee on disability shall perform tne following functions, namely:
21 · Qualification for appointment of State Commissioner: person shall not be qualified to be appointed as a State Commissioner for Persons with Disability under sub-section (1) of Section 79 of the Act in this Chapter referred to as the State Commissioner) unless,
23 · Term of the State Commissioner:- (1) The State Commissioner shall be appointee on ful ~time basis for a period of tnree years from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier
24 · Salary and allowances of the State Commissioner:- (1) The salary and allowances of the State Commissioner shall be the salary and allowances as admissible to a Secretary to the State Government
25 · Other term? other terms and conditions'AseiU^of^tate^C Commissioner The specified below namely: of Sta,e Commiss'oner shall be such as
2 · where a State Commissioner; being a retired government servant or a retired employee of any institution or autonomous body funded by the Central or State Government; is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension and if he had received in lieu of a portion of the pension; the commuted value thereof by the amount of such commuted portion of the pension
26 · Resignation and removal - (1) The State Commissioner may; by notice in writing under his hand, addressed to the State Government; resign from his post.
28 · Constitution of the Advisory Committee:- (1) The State Government shall appoint an Advisory Committee comprising the following members, namely:
29 · Procedure to be followed by State Commissioner:- (1) A complainant may present a complaint containing the following particulars in person or by his agent to the State Commissioner or send it by registered post or by email addressed to the State Commissioner namely a) tne name; description and the aadress of the complainant: (b) the name description and the address of the opposite party or parties as the case may be sO far as they may be ascertained; c) the facts relating to complaint and when and where it arose; (d) documents in support of the allegations contained in the complaint; (e) the relief which the complainant claims
31 · Submission of annual reports:- (1_ The State Commissioner shall as soon as may oe possible after the end of the financial year but not later than the 30th day of September in the next year ensuing prepare and submit tc the State Government an annual report giving a complete account of his activities dur,ng the said financial year
32 · Appointment of Public Prosecutor:- (1) The Public Prosecutor to be appointed by the State Government in every Special Court shall have:-
33 · State Fund for Persons with Disabilities and its management- (1) There shall be credited to the State Fund for persons with disabilities hereinafter referred to as 'the State Fund:
34 · Utilisation of the State Fund- (1) The State Fund shall be utilized for the following purposes, namely: - (a) financial assistance in the areas which are not specifically covered under any scheme and programme of the State Government; (b) administrative and other expenses of the Fund, as may be required to be incurred by or under the Act; and (c) such other purposes as may be decided by the governing body: (2) Every proposal of expenditure shall be placed before the governing body for its approval
35 · Budget - The Chief Executive Officer of the State Fund shall prepare the budget for incurring expenditure under the State Fund in each financial year showing the estimated receipt and expenditure of the Fund, in January every year and shall place the same for consideration of the governing body
36 · Annual Report: The annual report of the Department dealing with Empowerment of Persons with Disabilities in the State Government shall include a chapter on the State Fund
41 · Memorandum of Association ano Bye-laws of the institution Please attach a photocopyl
1 · ripura Gazette. Extraordinary Issue. January 16. 2019 A. D.
Registered No: N. E. 930 — THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 — Roop's Law Assist Statutes