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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act

Title: Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

State: Central

Year: 1995

.....title, extent and commencement Section2 - Definitions Chapter 2 Section3 - Central Co-ordination Committee Section4 - Term of office of Members Section5 - Disqualifications Section6 - Vacation of seats by Members Section7 - Meetings of the Central Co-ordination Committee Section8 - Functions of the Central Co-ordination Committee Section9 - Central Executive Committee Section10 - Functions of the Central Executive Committee Section11 - Meetings of the Central Executive Committee Section12 - Temporary association of persons with Central Executive Committee for particular purposes Chapter 3 Section13 - State Co-ordination Committee Section14 - Terms and conditions of service of Members Section15 - Disqualifications Section16 - Vacation of seats Section17 - Meetings of the State Co-ordination Committee Section18 - Functions of the State Co-ordination Committee Section19 - State Executive Committee Section20 - Functions of the State Executive Committee Section21 - Meetings of the State Executive Committee Section22 - Temporary association of persons with State Executive Committee for particular purposes Section23 - Power to give directions Section24 -.....

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 12

Title: The Chief Commissioner and Commissioners for Persons with Disabilities

State: Central

Year: 1995

.....Code (45 of 1860) and the Chief Commissioner, the Commissioner, the competent authority, 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). Section 64 - Annual report to be prepared by the Chief Commissioner (1) The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein insofar as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part. Section 65 - Annual reports to be prepared by the Commissioners (1) The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities.....

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 10

Title: Recognition of Institutions for Persons with Disabilities

State: Central

Year: 1995

.....authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in such manner as may be prescribed by the State Government. (3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and maintain such standards as may be prescribed by the State Government. (4) A certificate of registration granted under this section,-- (a) shall, unless revoked under section 53, remain in force for such period as may be prescribed by the State Government; (b) may be renewed from time to time for a like period; and .....

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Preamble 1

Title: Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

State: Central

Year: 1995

THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 [Act, No. 1 of 1996] [1st January, 1996] PREAMBLE An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. whereas the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-2000 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December, 1992, adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region; AND whereas India is a signatory to the said Proclamation; AND whereas it is considered necessary to implement the Proclamation aforesaid. be it enacted by Parliament in the Forty-sixth year of the Republic of India as follows:--

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 12

Title: Temporary Association of Persons with Central Executive Committee for Particularpurposes

State: Central

Year: 1995

(1) The Central Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the Central Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. (2) A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the Central Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose. (3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the Central Government.

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 22

Title: Temporary Association of Persons with State Executive Committee for Particularpurposes

State: Central

Year: 1995

(1) The State Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. (2) A person associated with the State Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose. (3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the State Government.

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 38

Title: Schemes for Ensuring Employment of Persons Withdisabilities

State: Central

Year: 1995

(1) The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for-- (a) the training and welfare of persons with disabilities; (b) the relaxation of upper age limit; (c) regulating the employment; (d) health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed; (e) the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and (f) constituting the authority responsible for the administration of the scheme.

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 51

Title: No Person to Establish or Maintain an Institution for Persons with Disabilities Except in Accordance with a Certificate Ofregistration

State: Central

Year: 1995

Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority: Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 11

Title: Institution for Persons with Severe Disabilities

State: Central

Year: 1995

(1) The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit. (2) Where, the appropriate Government is of opinion that any institution other than an institution, established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognise such institution as an institution for persons with severe disabilities for the purposes of this Act: Provided that no institution shall be recognised under this section unless such institution has complied with the requirements of this Act and the rules made thereunder. (3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriate Government. (4) For the purposes of this section "person with severe disability" means a person with eighty per cent, or more of one or more disabilities.

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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 56

Title: Institutions for Persons with Severedisabilities

State: Central

Year: 1995

(1) The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit. (2) Where, the appropriate Government is of opinion that any institution other than an institution, established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognise such institution as an institution for persons with severe disabilities for the purposes of this Act: Provided that no institution shall be recognised under this section unless such institution has complied with the requirements of this Act and the rules made thereunder. (3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriate Government. (4) For the purposes of this section "person with severe disability" means a person with eighty per cent, or more of one or more disabilities.

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