RTEETTT 7T-47 RAJASTHAN GAZETTE fdglyia Extraordinary rfer+r 5z7TfTT Qublished 6y Authority TZai4a 714 4, TV4R, <114 1940-UT74 24, 2019_ Mag

rules · 2016 · State unknown

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

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RTEETTT 7T-47 RAJASTHAN GAZETTE fdglyia Extraordinary rfer+r 5z7TfTT Qublished 6y Authority TZai4a 714 4, TV4R, <114 1940-UT74 24, 2019_ Magha 4, Thursday, Saka1940-January 24, 2019 HFT 4 (t) 84_,qus (1) YGq FRRTR T211 374 Vz_wifefdIRyj ERI UN f44 Tt (THT 3Tavi, 34-faferi afe wI wfffeid: dval g8) FTRY T1H AqA | DEPARTMENT OF: SOCIAL JUSTICE AND EMPOWERMENT NOTIFICATION Jaipur, January 23,2019 GSR95 In exercise of the_ powers: conferred by sub- sections (1) and (2) of section 101 of:the Rights of Persons with Disabilities Act; 2016 (Central Act No.49 of 2016), the State Government hereby makes the following rules, namely: - CHAPTER-I Preliminary 1. Short title and Commencement:- (1) These rules may be called the Rajasthan Rights of Persons with Disabilities Rules; 2018. (2) They shall come into force on the date of their final publication in the Official Gazette. 2. Definitions - (1) In these rules, unless the context otherwise requires, (i) "Act" means the Rights of Persons with Disabilities Act; 2016 (Central Act No. 49 0f2016); (ii) "Certificate' means a certificate of disability issued by & certifying authority referred to in sub-section (1) of section 57 of the Act; (iii) "Certificate of registration means a certificate of registration issued by the competent authority under section 50 of the Act; (iv) 'District-level Committee on: disability: means the District-level . Committee on disability constituted by the State 'Government: under section 72 of the Act 123C RNRET N_WTNd 24 2019 HTT 4 ( (v) "State Commissioner means the State Commissioner appointed by the State Government under section 79 of the Act; and (vi) "Form means form appended to these rules (2) Words and expressions used herein and not defined but defined in the Act shall have the same meanings respect

Rule TOC

15 · Minutes - (1) Record shall be kept of the names of all the members of the Board who attended the meeting of the Board and of the proceedings at the meetings in a book to be maintained for that purpose by-the Member-Secretary of the Board. (2) The minutes of the previous meeting of the Board shall be read at: the beginning , "of every succeeding meeting; and _ shall be confirmed and signed by the presiding officer at such meeting:

18 · -Decision-by 'majority-- All question considered,at a + meeting of the Board shall be decided by a majority of votes of-the members of" the-Boatd 'present and-voting and in the event' of equality of votes, the Chairperson of the Board, Or in the absence of the Chairperson; the Vice-Chairperson' of the Board-Or in the absence ofboth the Member presiding at the meeting; as the case may _ be; shall-have a second or casting vote. G0; Wncej ; ] alv19-No'proceeding to be invalid due t 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 Boardenx:n 94 E2

20 · District Level Committee to support and create awareness:-! (F) The District Level Committee shall mobilize the community and ereate ' social: awareness to support persons with disabilities in exercise of their legal capacity: (2) The District' Level- Committee- take measures for setting up suitable support arrangements to exercise legal capacity by persons with disabilities living in institutions and those with high support needs and any other measures as may be required:

22 · Functions of . the Committee - The District-Level Committee on disability shall perform the following functions, namely: (a) Advise ` the District authorities on matters relating to rehabilitation and empowerment_ of persons with disabilities:_ (b)' Monitor the implementation of the provisions of the Act and the rules made there under by the District authorities c) Assist, the District authorities in implementation of schemes and programmes of the Government for empowerment of persons with disabilities. (d) Look into the complaints relating to non-implementation of the provisions of the Act by the District authorities and recommend suitable remedial measures to the concerned authority to redress such complaints, (e Look into the appeal made by the employees of: Government establishments aggrieyed with the action taken by the District level establishments under sub-section (4) of Section 23 of; the-Act and recommend appropriate measures. Any other functions a5 may be assigned by the State Government from time to time.

27 · Other _ terms and - conditions of Service "of the State Commissioner - The_other terms and conditions of service of state Commissioner shall be such as' 'specified below, namely: (a) Leave: The State Commissioner shall be entitledzto such leave;as is admissible to State Service officers under Rajasthan Service Rules: Provided that;re-employed officers: shall not be entitled to encashment of leave earned during the period ofre-employment and even thereafter: : (b)Leave Travel Concession: The State Commissioner shall notbe entitled for leave Travel Concession: (c) Medical Benefits: The State Commissioner shall be entitled to Mediclaim benefits as; admissible' to State-Service officers appointed_ 0n,or after 01-01-2004. Premium of Mediclaim insurance-Will be deposited by.the State Government

28 · Resignation and Removak - (1) The; State Commissioner may, by notice in writing, under his hand, addressed to the State Governmert; resign from his post (2) The State.Government shall remove the State Commissioner from his office, if)] he; X (a) becomes an:undercharged insolvent; Uf (b) engages himself during his.term. of office in.any paid 2 employment or activity outside the duties ofhis office; (c) is convicted and sentenced to imprisonment for an 49 #45049 Wgroffence which in.the opinion-Qf.the-State Government 'llcde %4 involves moral turpitude; 3 21

29 · Residuary Provision The other conditions 'of = service of the State Commissioner;, in respect of which no express provision has been made in these rules, shall be determined by the rules Or: orders for the time being applicable to the State Government

30 · Constitution: of the Advisory Committee - The State Government shall appoint an Advisory Committee comprising five experts to represent' each_of the five groups of specified disabilities mentioned,in the Schedule to the Act; of whom one shall be women; 36 {ac:f (2) The tenure of the members of the Advisory Committee shall 0 be. for: a period of three years .and the members shall;not be eligible for re-nomination: (3) The State Commissioner may invite subject Of domain expert a8 per the need who shall assist him in meeting % hearing and in preparation of the report: (4) Non-official members of the, Advisory Committee, not residing in the State capital shall be paid daily and travelling allowances for ~ Z:

32 · Submission of . annual reports - (1) The State Commissioner shall as soon,as may be possible after the end of the financial year; but not later than the 30*h day: of September in the next year ensuing prepare; and submit to the State Government an annual report giving a complete account of his activities during the said financial year: 2if: 0;;

35 · Utilization of the State Fund - (1) The State Fund shall be utilized for the following purposes, namely:-

38 · Repeal and Savings - (1)The Rajasthan Persons with Disabilities (Equal Opportunity; Protection of Rights and Full Participation) rules, 2011:are hereby repealed: (2) Notwithstanding the repeal of the said rules, anything done O any action taken under the said rules, shall be deemed to have been done or taken under the corresponding provisions of these rule. Form A Application for Certificate of Registration/Renewal; (See rule jil; Name of Applicant: 2 Address and Telephone Number: 3. (i) Name of the Act under which the institute is already registered, (ii) Registration number: And date of Registration: (Please attach a photocopy) 4. Memorandum of association and bye-laws of the institutions; (Please attach a photocopy) 5 Name , Address, Occupation and other particulars of the members of the Board 0f Management/Governing body of the Institution:. 6. Present Activities of the Institutions: Present Membership strength and Categorization of the Institution. List of documents to be attached (a) A copy of the annual report for the previous year; (6) Audited statement of Account duly certified by Chartered Accountant for the last two years (c) Details of Staff Employed by the Institutions. (d) Detail of beneficiaries to be covered by the of the Institutions: If Hostel is maintained, the number of hostelers; Whether the Institute is located on its own rented building (Necessary evidence to be attached) 8_ In case of renewal original certificate shall be attached. M0i Name; Designation: Signature of Applicant Address: Date: Office Stamp: