(Typed Copy) In pursuance of the provisions of clause (3), of Article 348 of the Constitution of India; the Governor is pleased to order the

7 · (1) A person desirous of establishing or maintaining an institution for persons with disabilities may make an application in the Form appended to these rules to the competent authority referred to in Section 51 of the Act: (2) Every application made under sub-rule (1) shall be accompanied with:- (a)documentary evidence of work in the area of disability; (bJthe Constitution or bye laws or regulations governing the institution; (c)audited statement and details of grants received in the last three years. preceding the date of application; (d)a statement regarding total number of persons employed in the institution along with their respective duties; (eJthe number of professionals employed in the institution: (f)a statement regarding qualifications of the professionals employed by the institution; and (g) the proof of residence f the applicant: (3) Every application made under sub rule (1) shall comply with the following requirements in respect of the concerned institution: (a) that the institution had been working in the field of rehabilitation of persons with disabilities for not less than three years immediately before the date on which the application is made: (b) that the institution is registered under the Indian Societies Registration Act; 1860 (Act no_ XXI of 1860) or under any other law for the time being in force in the State and a copy of such registration certificate along with the byclaws and memorandum of association of the society shall accompany the application: (c) that the institution has not been running to profit any individual or body of individuals: (d) that the institution has employed professionals registered with the Rehabilitation Council of India to cater to the special needs of children with disabilities; (e) that the institution has adequate teaching and learning material for the persons with disabilities; and (f) that the institution has submitted its audited accounts and annual reports of last three years with the competent authority. (4) The certificate of registration under this rule, unless revoked under section 52 of the Act; shall remain in force for a period of five years on and from the date on which it is granted or renewed: (S)An application for the renewal of certificate of registration shall, be made in the same manner as the application for grant of certificate under sub-rule (13 accompanied with the previous certificate of registration and a statement that the applicant is applying for renewal of the certificate so accompanied: Provided that such application shall be made before sixty days of the expiry of the validity of such certificate; Provided further that the competent authority may consider application for renewal of the certificate of registration after 60 days but not later than 120 days, if he is satisfied that sufficient reasons have been provided for such delay: (6)lf the application for renewal of certificate of registration is made before its expiry as specified in the proviso to sub-rule (5), the certificate of registration

12 · 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:

13 · (1)One-third of the total members of the Board shall form the quorum for any meeting: (2) If at any time fixed for any meeting or during the course of any meeting less than one-third of the total members of the Board are present; the Chairperson thereof may adjourn the meeting to such hours on the following or on some other future date as he may fix. (3)No quorum shall be necessary for the adjourned meeting of the Board: (4)No matter which had not been on the agenda of the ordinary or the special meeting of the Board, as the case may be, shall be discussed at its adjourned meeting: (5)a) Where a meeting of the Board is adjourned under sub-rulc(2) for want of quorum to the following day, notice of such adjourned meeting shall be given to the members of the Board available at the place where the meeting which was adjourned was to be held and it shall not be necessary to give notice of the adjourned meeting to other members; and (b) Where a meeting of the Board is adjourned under sub-rule(2) for want of quorum not to the following, but on a date with sufficient gap, notice of such adjourned meeting shall be given to all the members of the Board in the manner as specified in sub-rule (4) of rule 11.

14 · (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: (3)The proceedings shall be open to inspection by any member of the Board at the office of the Member-Secretary of the Board during office hours

15 · Except with the permission of the presiding officer; no business which Business to be is not entered in the agenda or of which notice has not been given by a member transacted at under sub-rule (5) of rule 11 shall be transacted at any meeting of the Board: meeting

16 · (1) At any meeting of the Board business shall be transacted in the order in which it is entered in the agenda, unless otherwise resolved in the meeting with the permission of the presiding officer: Provided that either at the beginning of the meeting of the Board or after the conclusion of the debate on a motion during the meeting, the presiding officer Or a member of the Board may suggest a change in the order of business as entered in the agenda and if the Chairperson of the Board agrees, such a change shall take place.

17 · . AIl questions considered at a meeting of the Board shall be decided by Decision by a majority of votes of the members of the Board present and voting and in the majority 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 of both the Member presiding at the meeting; as the case may be, shall have a second or casting vote. 18. No procceding of the Board shall be invalid by reasons of existence of No proceeding to be any vacancy in or any defect in the constitution of the Board: invalid due to vacancy or any defect 19. The District-Level Committee on disability referred to in Section 72 of District-level the Act shall consist of Committee District Magistrate. ex-officio Chairperson; C.D.O. member: (i)S.PIS.S.P. member: (iv)District Divyangjan Empowerment Officer member. secretary: (v) Chief Medical Officer. member (v)) B.S.A member (vii) D.IO.S: member (viii) District Probation Officer member (ix) a Representative of a Registered Organization nominated by the Chairperson. member (x) a Person each from the types of identified disabilities by the state as defined in Clause(s)of Section 2 of the Act as nominated by the Chairperson. member; and (xi) 'Any other member as invited by the Chairperson. member

20 · 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 thereunder 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 ofthe 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 aggrieved 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 as may be assigned by the State Government

22 · (1)At least six months before the post of State Commissioner is due to Mode of fall vacant, an advertisement shall be published in at least two National or State appointment level daily newspapers, one in English and the other in the vernacular language, of the State inviting applications for appointment to the post of State Commissioner from Commissioner cligible candidates fulfilling the criteria mentioned in rule 21. (2)A Search-cum-Selection Committee shall be constituted by the State Government to recommend to it a panel of three suitable candidates for the post of the State Commissioner. (3) Composition of the Search-cum-Selection Committee referred to in sub- rule (2) shall be governed by relevant instructions issued by the concerned administrative department of the State Government: (4)The panel recommended by the Search-cum-Selection Committee referedto in sub-rule (2) may consist of persons from amongst those who have applied in response to the advertisement made under sub-rule (1) as well as from other willing eligible persons in the employment of Central or State Government whom the Committee may consider suitable. (5)The State Government shall appoint one of the candidates out of the panel recommended by the Search-cum-Selection Committee under sub-rule (2) as the State Commissioner.

26 · (1) The State Commissioner may, by notice in writing, under his hand. addressed to the State Government, resign from his post: (2)The State Government shall remove, the State Commissioner from his office, if he (a) becomes an undischarged insolvent; or (b) engages himself during his term of office in any paid employment or activity outside the duties of his office; or (c) is convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; or (d) is in the opinion of the State Government; unfit to continue in office by reason of infirmity of mind or body or serious default in the performance of his functions as laid down in the Act; or (e) without obtaining leave of absence from the State Government; remains absent from duty for a consecutive period of fifteen days or more; or (f) has, in the opinion of the State Government; so abused the position of the State Commissioner as to render his continuance in the office detrimental to the interest of persons with disability: Provided that no State Commissioner shall be removed from office under this rule except after following the duc principles of Natural Justice. (3) The State Government may suspend a State Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings: 27 . 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 and orders for the time being applicable to the Secretary to the State Government: 28. (1) The State Government shall appoint an Advisory Committee comprising the following members, namely: - (a) three experts to represent each of the five groups of specified disabilities mentioned in the Schedule to the Act by rotation of whom one shall he woman: (b) Two experts or senior officers of the Government to be nominated by the State Government. (2)The tenure of the members of the Advisory Committee shall be for a period of three years: (3)The State Commissioner may invite subject or domain expert as per the need who shall assist him in meeting or hearing and in preparation of the report: 29. (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) the name, description and the address 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. (2) The State Commissioner on receipt of a complaint shall send a copy of the complaint to the opposite party or parties mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the State Commissioner.

32 · (1) The Public Prosecutor to be appointed by the State Government in every Special Court shall have: (a) practical experience of handling cases of persons with disabilities. (b) experience at the Bar of not less than five years; (c) shall be well versed with local language and customs (2) The fee and other remunerations of the Special Public Prosecutor specified or appointed under sub- section (1) of section 85 of the Act shall be the same as that of Public Prosecutor appointed by the State Government under the Code of Criminal Procedure, 1973 (Act no_ 1 of 1974) for conducting the cases before a court of session. CHAPTER- X STATE FUND FOR PERSONS WITH DISABILITIES 33. (1) There shall be credited to the State Fund for persons with disabilities State fund for hereinafter referred to as 'the State Fund" (a)all sums received by way of grant;, gifts, donations, benefactions, disabilities bequests or transfers: (b) all sums received from the State Government including grants-in- aid; and (c) all sums from such other sources as may be decided by the State Government. (2) There shall be a Governing Body consisting of following members to manage the State Fund, namely: - (a) Principal Secretary or Secretary, Department of Empowerment of Persons with Disabilities, in the State Government Chairperson; (b) two representatives from the Department of Health and Family Welfare, Department of Education. Department of Labour and Employment; Department of Finance, Department of Rural Development in the State Government; not below the rank of a Joint Secretary, by rotation in alphabetical orders Members (c) two persons representing different types of disabilities to be nominated by the State Government; by rotation Members; (d) Director in the Directorate dealing with Empowerment of Persons with Disabilities in the State Government Convener and Chief Executive Officer. (3) The Governing Body shall meet as often as necessary, but at least once in every financial year. (4) The nominated members shall hold office for not more than three years: (5) No member of the Governing Body shall be a beneficiary of the Fund during the period such Member holds office. (6) The nominated non-official members shall be eligible for payment of travelling allowance and dearness allowance as admissible to a Group 'A officer of the State Government for attending the meetings of the Governing Body. No person shall be nominated under clause (b) and (c) of sub-rule (2) as a member of the Governing Body if he (a) is, or has been, convicted of an offence, which in the opinion of the State Government; involves moral turpitude; or (b) is, or at any time has been, adjudicated as an insolvent:

34 · (1) The State Fund shall be utilized for the following purposes, namely:- Utilisation of the (a) financial assistance in the arcas which are not specifically covered State Fund 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. (3)The Governing Body may appoint secretarial staff including accountants with such terms and conditions as it may think appropriate to look after the management and utilisationof the State Fund based on need based requirement (4) The State Fund shall be invested in such manner as may be decided by the governing body: 35. The Chief Executive Officer of the State Fund shall prepare the Budget 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. The annual report of the Department dealing with Empowerment of Annual Report Persons with Disabilities in the State Government shall include a chapter on the State Fund: