The Rights Of Persons With Disabilities Act, 2016

haryana · 2016

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Physical disability
S. 2Section 2 defines key terms used throughout the Rights of Persons with Disabilities Act, 2016, including "appellate authority," "appropriate Government," "barrier," "care-giver," and "discrimination."
S. 3Section 3 ensures equality, non-discrimination, and reasonable accommodation for persons with disabilities.
S. 4Section 4 defines chronic neurological conditions and blood disorders qualifying as disabilities under the Rights of Persons with Disabilities Act, 2016.
S. 5(1) The persons with disabilities shall have the right to live in the community
S. 6Section 6 mandates protection of persons with disabilities from cruel treatment and requires consent and committee approval for disability research.
S. 7Section 7 mandates the government to protect persons with disabilities from abuse, violence, and exploitation, and outlines procedures for reporting and addressing such incidents.
S. 8Section ensures equal protection and safety for persons with disabilities during disasters, with authorities taking specific measures for their inclusion and preparedness.
S. 9Section 9 ensures children with disabilities are not separated from their parents unless a court orders otherwise, and provides for alternative care if parents cannot care for them.
S. 10Section ensures persons with disabilities access reproductive information and consent for medical procedures preventing infertility.
S. 11Section ensures polling stations and electoral materials are accessible and understandable for persons with disabilities.
S. 12Section 12 ensures equal access to justice and legal services for persons with disabilities, including reasonable accommodations and accessible public documents.
S. 13Section 13 ensures equal property rights, financial autonomy, and legal capacity for persons with disabilities.
S. 14The section establishes limited guardianship for persons with disabilities who cannot make legally binding decisions, with support from a designated authority.
S. 15Section 15 mandates the appropriate government to designate authorities to raise social awareness and provide support for legal capacity of disabled persons.
S. 16Section 16 mandates inclusive education for children with disabilities in funded or recognized institutions.
S. 17Section 17 mandates the government and local authorities to conduct surveys, establish training institutions, and provide resources to support inclusive education for children with disabilities.
S. 18Section 18 mandates government and local authorities to ensure equal participation of persons with disabilities in adult and continuing education programs.
S. 19Section 19 mandates the government to create schemes for vocational training and loans to support employment and self-employment of persons with disabilities.
S. 20Section 20 prohibits discrimination against persons with disabilities in government employment and mandates reasonable accommodations.
S. 21Section 21 mandates establishments to notify and register their equal opportunity policies for persons with disabilities with relevant government authorities.
S. 22Section 22 mandates establishments and employment exchanges to maintain and publicly inspect records of persons with disabilities for employment and facilities.
S. 23Section 23 mandates government establishments to appoint a Grievance Redressal Officer to investigate complaints about non-compliance with disability provisions.
S. 24Section 24 mandates the government to create programs ensuring a higher standard of living for persons with disabilities, considering diversity and providing various support services.
S. 25Section 25 mandates the government to provide free healthcare, barrier-free access, and preventive measures for persons with disabilities.
S. 26The appropriate Government shall, by notification, make insurance schemes for their employees with disabilities
S. 27Section 27 mandates the government and local authorities to provide healthcare, insurance, and rehabilitation services for persons with disabilities and consult NGOs in policymaking.
S. 28The section mandates the government to fund research and development to improve habilitation and rehabilitation for persons with disabilities.
S. 29Section mandates government and local authorities to promote and protect the cultural and recreational rights of persons with disabilities.
S. 30Section 30 mandates the government and sports authorities to ensure the participation and inclusion of persons with disabilities in sports through various measures.
S. 31Section 31 guarantees free education for children with disabilities from ages six to eighteen in neighborhood or special schools.
S. 32Section mandates government-aided higher education institutions to reserve 5% seats and provide 5-year age relaxation for persons with disabilities.
S. 33Section 33 mandates the identification and periodic review of government posts reserved for persons with disabilities.
S. 34(1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent
S. 35Section mandates incentives for private sector employers to hire at least five percent persons with benchmark disabilities.
S. 36The section mandates employers to report vacancies for persons with disabilities to a notified special employment exchange.
S. 37Section 37 mandates the government to create schemes providing 5% reservation for persons with benchmark disabilities in various development programs and land allotments.
S. 38Section 38 outlines the process for individuals with benchmark disabilities to apply for high support services.
S. 39Section 39 mandates the government to conduct awareness campaigns to protect and promote the rights of persons with disabilities.
S. 40Section 40 mandates the Central Government to create accessibility standards for public facilities in consultation with the Chief Commissioner.
S. 41Section 41 mandates the government to provide accessible transport facilities and promote personal mobility for persons with disabilities.
S. 42Section 42 mandates the government to ensure accessible media formats and universal design for electronic goods for persons with disabilities.
S. 43Section mandates the government to promote development and distribution of universally designed products for persons with disabilities.
S. 44Section 44 mandates that buildings must comply with accessibility rules set by the Central Government for permission and completion.
S. 45Section 45 mandates making existing public buildings accessible within five years and requires action plans for essential service locations.
S. 46Section 46 mandates service providers to comply with accessibility rules within two years, with possible extensions for certain services.
S. 47Section 47 mandates the development of human resources for disability rights training and capacity building across various sectors.
S. 48Section mandates social audit of disability schemes to ensure they meet persons with disabilities' needs.
S. 49The State Government shall appoint an authority as it deems fit to be a competent authority for the purposes of this Cha
S. 50Section 50 mandates registration for disability institutions, except for those caring for mentally ill, which need a separate license.
S. 51Section 51 outlines the process for obtaining, renewing, and displaying a certificate of registration for institutions serving persons with disabilities.
S. 52Section 52 allows the revocation of a disability institution's registration certificate if the holder has made false statements or breached conditions, and directs the transfer or return of inmates.
S. 53Section 53 allows appeals against refusal or revocation of disability registration certificates, with final orders from the appellate authority.
S. 54Section 54 exempts institutions for persons with disabilities run by central or state governments from the provisions of this chapter.
S. 55The section allows the government to provide financial aid to registered institutions for disability services.
S. 56The Central Government shall notify guidelines for the purpose of assessing the extent of specified disability in a pers
S. 57Section 57 designates certifying authorities to issue disability certificates and sets their jurisdiction and terms.
S. 58Section 58 allows persons with specified disabilities to apply for a disability certificate, which is valid nationwide.
S. 59Section 59 allows aggrieved individuals to appeal a certifying authority's decision to a designated appellate authority within a prescribed timeframe.
S. 60Section 60 establishes the Central Advisory Board on Disability to advise the government on disability-related matters.
S. 61Section 61 outlines the terms, removal, resignation, and allowances for members of the Central Advisory Board for persons with disabilities.
S. 62Section 62 outlines disqualifications for membership on the Central Advisory Board under the Rights of Persons with Disabilities Act, 2016.
S. 63Section 63 states that a member's seat on the Central Advisory Board becomes vacant if they meet any disqualifications listed in section 62.
S. 64The Central Advisory Board under the Act must meet at least biannually and follow prescribed procedural rules.
S. 65Section 65 establishes the Central Advisory Board on disability to advise and develop policies for the empowerment of persons with disabilities.
S. 66Section 66 mandates the State Government to form a State Advisory Board on disability to oversee disability-related functions under the Act.
S. 67Section 67 outlines the terms, removal, resignation, and allowances for members of the State Advisory Board for Persons with Disabilities.
S. 68Section 68 prohibits certain individuals from being members of the State Advisory Board and outlines disqualifications for removal.
S. 69Section 69 states that a member's seat on the State Advisory Board becomes vacant if they meet any disqualifications listed in section 68.
S. 70The State Advisory Board under the Rights of Persons with Disabilities Act meets every six months as prescribed by the State Government.
S. 71Section 71 establishes the State Advisory Board as a consultative body to advise the government on disability policies and ensure the rights of persons with disabilities.
S. 72The State Government shall constitute District-level Committee on disability to perform such functions as may be prescri
S. 73Section 73 ensures that decisions by advisory boards on disability are valid despite any vacancies or constitutional defects.
S. 74Section 74 authorizes the Central Government to appoint a Chief Commissioner and two Assistant Commissioners for disability-related rehabilitation purposes.
S. 75Section 75 mandates the Chief Commissioner to identify and correct inconsistencies, investigate rights violations, and promote research and awareness for persons with disabilities.
S. 76Section 76 mandates authorities to act on Chief Commissioner's recommendations and inform him of actions taken or reasons for non-acceptance.
S. 77Section 77 grants the Chief Commissioner powers equivalent to a civil court for enforcing witness attendance and document production.
S. 78Section 78 mandates the Chief Commissioner to submit annual and special reports to the Central Government, which must be presented to Parliament.
S. 79The section empowers the State Government to appoint a State Commissioner for Persons with Disabilities and establish an advisory committee.
S. 80Section 80 outlines the duties of the State Commissioner to monitor, research, and recommend improvements for the rights of persons with disabilities in Haryana.
S. 81Section 81 mandates authorities to act on State Commissioner's recommendations for disability rights and report back within three months.
S. 82Section 82 grants the State Commissioner powers equivalent to a civil court for enforcing witness attendance and document production.
S. 83Section 83 mandates the State Commissioner to submit annual and special reports to the State Government, which must be presented to the State Legislature with action plans.
S. 84The section mandates the State Government to designate a Special Court for each district to expedite trials of offences under the Act.
S. 85Section 85 establishes the appointment of Special Public Prosecutors for Special Courts handling cases related to persons with disabilities.
S. 86Section 86 establishes the National Fund for persons with disabilities and details its sources of funding.
S. 87Section 87 mandates the Central Government to maintain and audit accounts of the National Fund for Persons with Disabilities, with oversight by the Comptroller and Auditor-General of India.
S. 88Section 88 establishes a State Fund for persons with disabilities, its management, accounting, and audit by the Comptroller and Auditor-General of India.
S. 89Section 89 imposes fines for violations of the Rights of Persons with Disabilities Act, up to ₹10,000 for first offense and ₹50,000 to ₹500,000 for subsequent offenses.
S. 90Section 90 holds company officers liable for offenses committed by the company, with exceptions for due diligence.
S. 91Section 91 penalizes fraudulent attempts to claim benefits for persons with disabilities with up to two years imprisonment or a fine up to one lakh rupees.
S. 92Section 92 penalizes various forms of abuse and exploitation against persons with disabilities with imprisonment and fines.
S. 93Section 93 imposes fines for failing to comply with document production or information requests under the Rights of Persons with Disabilities Act.
S. 94Section 94 prevents courts from prosecuting government employees for offenses under this chapter without prior government sanction or an authorized complaint.
S. 95Section 95 specifies that for overlapping offenses, the stricter penalty under this Act applies.
S. 96Section 96 ensures the Rights of Persons with Disabilities Act complements, not overrides, other existing laws.
S. 97Section immunizes government officials from legal action for actions taken in good faith under the Act.
S. 98Section 98 allows the Central Government to issue orders to resolve difficulties in implementing the Act, but only within two years of its commencement.
S. 99Section 99 allows the Central Government to amend the Schedule of the Act and requires it to be presented to Parliament.
S. 100Section 100 empowers the Central Government to make rules for implementing various provisions of the Rights of Persons with Disabilities Act, 2016.
S. 101The section empowers the State Government to create rules for implementing the provisions of the Rights of Persons with Disabilities Act, 2016, including specific procedural and administrative details.
S. 102(1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 is hereby re