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Md. Shadab Alam
Faculty, Department of Special Education, at
Himalayan University Itanagar, Arunachal
Pradesh (India)
 The persons with disabilities (equal opportunities,
protection of rights and full participation ) act,1995.
 The national trust for welfare of persons with autism,
cerebral palsy, mental retardation and multiple
disabilities act 1999.
 Rehabilitation council of India act 1992.
 India is governed by the political system of
’’democracy’’ whose main objective is to provide
equal opportunities for all the citizens, irrespective
of their being abled or disabled, through which
they can make their lives healthy, wealthy, and
peaceful. In today’s scenario several acts have been
passed to provide them liberty, equality and
impartiality for their lives.
An Act is legislation made by Parliament. Often, Acts
have regulation-making powers allowing regulations
to be made under them.
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.
 Meeting of the Economic and Social Commission for
Asia and Pacific held in Beijing on 1st to 5th December
1992 adopted the proclamation of full participation
and equality of people with disabilities.
 India is a signatory to the proclamation.
 The bill was passed in parliament in 1995 in winter
session, received the consent of the president on
January 1,1996 as “The Persons With Disabilities
(Equal Opportunities, Protection Of Rights And Full
Participation) Act, 1995” and came into enforcement
on February 7,1996.
 This act consists of 14 chapters, which are as follows:
 CHAPTER 1: Preliminary
 CHAPTER 2: The Central Coordination Committee
 CHAPTER 3: The State Coordination Committee
 CHAPTER 4: Prevention And Early Detection Of Disabilities
 CHAPTER 5: Education
 CHAPTER 6: Employment
 CHAPTER 7: Affirmative Action
 CHAPTER 8: Non - Discrimination
 CHAPTER 9: Research and Development
 CHAPTER 10: Recognition Of Institutions For Persons With Disabilities
 CHAPTER 11: Institutions For Persons With Severe Disabilities
 CHAPTER 12: The Chief Commissioner And Commissioners For Persons With
Disabilities
 CHAPTER 13: Social Security
 CHAPTER 14: Miscellaneous
 Providing equal opportunities to persons with
disabilities and to tell them that they can also help to
develop their communities and country .
 To ensure full participation of persons with disability
in the nation building.
 A significant endeavor to empower persons with
disabilities to protect their rights and promote their
equality and participation by eliminating
discriminations of all kinds.
 It emphasizes the need to prepare a comprehensive
education scheme that will make various provisions for
transport facilities, removal of architectural barriers,
supply of books, uniforms and other materials, the grant of
scholarships, suitable modification in the examination
system, restructuring of curriculum, redressal of
grievances.
 This act includes education, vocational training and
employment programmes for developing human resources,
reservation, barrier free environment, unemployment
allowances, special insurance schemes and policies for
persons with disabilities and the establishment of houses
for the persons with severe disabilities.
 The provision of the act also ranges from prevention, early
detection, preferential treatment and protection from
negative treatment.
 To counteract any situation of abuse and exploitaion of
persons with disabilities
 To lay down a framework for comprehensive development
of strategies, programmes and services for and equalization
of opportunities for persons with disabilities
 To make special provisions for integration of persons with
disabilities with the mainstream
 To provide for their social security.
CHAPTER 1, titled Preliminary, includes and also define 7 main
types of disability which are covered within this act.
 Thus, Disability means:
 Blindness
 Low vision
 Leprosy cured
 Hearing impairment
 Locomotor disability
 Mental retardation
 Mental illness
 Person with disability means a person suffering from not less
than 40% of any disability as certified by a medical authority.
Definitions:-
 Blindness refers to a condition where a person suffers from:
 Total absence of sight
 Visual acuity not exceeding 6/60 or 20/200 (snellen) in the
better eye with correcting lenses; or
 Limitation of the field of vision subtending an angle of 20
degree or worse
 A Person with low vision means a person with impairment
of visual functioning even after treatment of standard
refractive correction but who uses of is potentially capable
of using vision for the planning or execution of a task with
appropriate assistive device.
 Cerebral Palsy means a group of non progressive
conditions of a person characterized by abnormal
motor control posture resulting from brain insult
or injuries occurring in pre natal, peri-natal or
infant period of development.
 Hearing impairment means loss of sixty decibels
or more in the better ear in the conversational
range of frequencies
 Leprosy cured person means any person who has been
cured of leprosy but is suffering from:
 Loss of sensation in hands or feet as well as loss of
sensation and paresis in the eye and eye lid with no
manifest deformity
 Manifest deformity and paresis but having sufficient
mobility in their hands and feet to enable them to
engage in normal economic activity
 Extreme physical deformity as well as advanced age
which prevents them from undertaking any gainful
occupation, and the expression ‘leprosy cured’ shall be
construed accordingly.
 Locomotor disability means disability of the
bones, joints or muscles leading to substantial
restriction of the movement of the limbs or any
form of cerebral palsy
 Mental illness means any mental disorder other
than mental retardation
 Mental retardation means a condition of arrested
or incomplete development of mind of a person
which is specially characterized by sub normality
of intelligence.
 According to this act various committees have been
designed for the successful implementation of the act.
Chief Disability Commissioner (Central Level)
Central Coordination Committee
Commissioner for The Disability (State Level)
State Level Coordination Committee
Social Welfare Officer / Rehabilitation Officer / Asst. Director
of the Disabled
District Level Coordination Committee
 According to their available resources, the state
government and local governing bodies are
responsible for taking some preventive measures
control the increasing rate of disability. The above
departments will implement the following services for
the welfare of persons with disabilities.
 Research, surveys and investigations shall be
conducted to ascertain the cause of occurrence of
disabilities.
 Various measures shall be taken to prevent
disabilities. Staff at the primary health center shall be
trained to assist in this work.
 All children shall be screened once in a year for identifying
“at risk” cases.
 Creating awareness among the people about disability, its
various causes and prevention by various methods.
 To provide care for both child and mother at pre-natal,
natal and post natal periods.
 Educate the public through the pre-schools, schools,
primary health centres, village level workers and
anganwadi workers
 Create awareness amongst the masses through TV, radio
and other mass media on the causes of disabilities and the
preventive measures to be adopted.
 Ensure that every child with a disability has access to free education in
an appropriate environment till he attains the age of 18 years
 Appropriate transportation, removal of architectural barriers,
restructuring of curriculum and modifications in the examination
system for the benefit of children with disability.
 Children with disabilities shall have the right to free books,
scholarships, uniform and other learning materials.
 Endeavour to promote the integration of students with in normal
schools
 Promote setting up of special schools in government and private sector
for those in need of special education in such a manner that children
with disabilities living in any part of the country have access to such
schools
 Endeavour to equip special schools for children with disabilities with
vocational training facilities.
 For children with disabilities, non – formal education shall be
promoted
 Create schemes for:
 Conducting part time classes in respect of children with
disabilities who having completed education up to class 5
could not continue their studies on a whole time basis
 Conducting special part time classes for providing functional
literacy classes for children in the age group 16 and above
 Imparting non-formal education by utilizing the available
man power in rural areas after giving them appropriate
education
 Imparting education through open schools/ universities
 Conducting class and discussions through interactive
electronic or other media
 Providing every child disability, free of cost special books and
equipment needed for his education
 Initiate research by official and non governmental
agencies for the purpose of designing and developing
new assistive devices, teaching aids, special teaching
material and such other items as are necessary to give a
child with disabilities equal opportunities in education
 Set up adequate number of teachers’ training
institutions and assist the national institutes and other
voluntary organizations to develop teachers’ training
programmes specializing in disabilities so that
requisite trained manpower is available for special
schools and integrated schools for children with
disabilities.
 Prepare comprehensive education scheme for providing
 Transport facilities to children with disabilities or in the alternative
financial incentives to parents and guardians to enable their
children to attend schools
 Removing architectural barriers from schools, colleges or other
institutions imparting vocational and professional training
 Supplying books, uniforms and other material to children with
disabilities attending schools
 Granting scholarship to students with disabilities
 Setting up appropriate provision for the redressal of
grievances of parents regarding placement of children with
disabilities
 Making suitable modifications in the examination
system to eliminate purely mathematical questions for
of blind students & students with low vision
 Restructuring curriculum for students with disabilities
 Restructuring curriculum for students with hearing
impairment to facilitate them to take only one language
as part of their curriculum.
 For their education new and effective media like TVs,
Radios, computers etc. Should be used.
 Teacher training institutions shall be established to
develop requisite manpower in the field of disability
rehabilitation.
 Identify posts in the establishments which can be
reserved for persons with disability
 Review and update the list of posts identified at least
every 3 years
 Appoint in every establishment such percentage of
vacancies not less than 3 percent for persons with
disability of which 1 percent each shall be reserved for
persons suffering from:
 Blindness or low vision
 Hearing impairment
 Locomotor disability
 Government educational institutes and other
educational institutes receiving grant from
government shall receive at least 3% seats for people
with disabilities.
 If person faces an inability to perform his duties,
he/she should not be dismissed or demoted from the
post but he/she should be provided another post of
the same salary to which they can easily adjust.
 Formulate schemes to provide for:
 Training and welfare of persons with disabilities
 Relaxation of upper limit
 Regulate employment
 Health and safety measures and create non- handicapping
environment in places where persons with disabilities are employed
 Manner in which the cost of operating the schemes is to be defrayed
 Constitute authority responsible for the administration of the scheme
 Reserve not less than 3% in all poverty alleviation schemes for persons
with disabilities.
 Incentives to employers in public and private sectors to ensure that at
least 5% of their work force is composed of persons with disabilities.
 Make schemes to provide aids and appliances
 Give preferential allotment of land at concessional
rates for:
 House
 Setting up business
 Setting up of special recreation centres
 Establishment of special schools
 Establishment of research centres
 Establishment of factories by entrepreneurs with
disabilities
 Establishments in transport sector shall:
 Adapt rail compartments, buses, vessels, aircrafts for
easy access to disabled persons
 Adapt toilets in rail compartments, vessels, aircrafts and
waiting rooms to permit wheel chair users to use them
conveniently and make it disabled - friendly
 Local authorities shall:
 Install auditory signals at red lights in public roads for
persons with visual handicap
 Cause curb cuts and slopes on pavements for wheel chair
users
 Engraving on zebra crossing and edges of railway
platforms for blind persons
 Provide warning signals at appropriate places
 Devise appropriate symbols of disability
 Provide ramps in public buildings
 Adapt toilets in public buildings for wheel chair users
 Provide braille symbols and auditory signals in lifts
 Provide ramps in hospitals, PHCs and other medical care and
rehabilitation units
 No establishment shall dispense with or reduce in rank, an
employee who acquires a disability during his service
 Provided that if the employee, after acquiring the disability is
not suitable for the post he is holding, could be shifted to
some other post in the same pay scale
 Provided further that if it is not possible to adjust the
employee against any post he may be kept on supernummary
post till a suitable post is available, or till he attains the age of
superannuation
 No promotion shall be denied to a person on grounds of
disability
 To promote and sponsor research for:
 Prevention of disability
 Rehabilitation including community based
rehabilitation
 Development of assistive devices including their psycho-
social aspects
 Job identification
 On-site modification of offices and factories
 Financial assistance shall be made available to
universities, other institutions for undertaking research
for special education, rehabilitation and man power
development.
Chapter 9 – Research and Manpower Development
Chapter 10, 11 and 12 deals with recognition of institutions for
persons with disabilities, the appropriate government may
establish and maintain institutions for persons with severe
disabilities at such places as it thinks fit, appointing chief
commissioner and commissioners for persons with
disabilities for the purposes of this act.
 Undertake rehabilitation of all persons with disabilities
 Financial assistance to non-government organizations
for rehabilitation of persons with disabilities
 Consult non governmental organizations while
formulating policy
 Frame an insurance or alternate security scheme for the
benefit of employees with disabilities
 Provide for unemployment allowance to persons with
disabilities registered with special employment
exchanges for more than a year and who could not be
placed in gainful occupation.
Chapter 13 – Social security
 In case of any violation of the rights as prescribed in the
act, people with disabilities may put their complaints to
 The chief commissioner for persons with disabilities in
the central government
 Commissioner for persons with disabilities in the state
governments.
Chapter 14 – Grievance Redressal i.e. complaint
removal
It will strengthen the hands of the government to
formulate appropriate programme for education and
employment of people with disabilities including those
with mental retardation. This act is an example that now
we are ready to provide equal opportunities for all person
who have lagged behind n the race of social and economic
life due to some physical and mental disability.
An act to provide for the constitution of a body at the
national level for the Welfare of Persons Autism,
Cerebral Palsy, Mental Retardation and Multiple
Disabilities and for matters connected therewith or
incidental thereto.
 Before the enactment of this act, survival of
persons with such disabilities which require life-
long care at varying degrees despite the best
training and rehabilitation efforts was very difficult
after the death of their parents.
 This act is an answer to the question in the mind of
their parents- “what will happen to my child after
me?”
 This Act sets up a trust to be managed by a board of
trustees. Thus,
 The National Trust is a statutory body under the Ministry of
Social Justice and Empowerment, set up under the
NATIONAL TRUST FOR WELFARE OF PERSONS WITH
AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND
MULTIPLE DISABILITIES ACT 1999
 This board will be the body that decides matters relating to
the implementation of the act. The other implementing
bodies of this Act would be the local level committee.
These would function at the state or district levels.
 This act is intended only for the benefit of persons
with autism, cerebral palsy, mental retardation and
multiple disabilities.
 The act extends to the whole of India except Jammu
and Kashmir
 This act consists of total 9 chapters and 36 sections.
 CHAPTER 1:- Preliminary
 CHAPTER 2:- The national trust for welfare of persons with
autism, cerebral palsy, mental retardation and multiple
disabilities
 CHAPTER 3:- Objectives of the trust
 CHAPTER 4:- Power and duties of the board
 CHAPTER 5:- Procedure for registration
 CHAPTER 6:- Local level committees
 CHAPTER 7:- Accountability and monitoring
 CHAPTER 8:- Finance, accounts and audits
 CHAPTER 9:- Miscellaneous
 Chapter 1, titled preliminary, gives definition of disabilities
mentioned above as
 Autism:
 Autism means a condition of uneven skill development
primarily affecting the communication and social abilities of
a person, marked by repetitive and ritualistic behavior.
 Cerebral Palsy:
 Cerebral palsy means a group of non-progressive condition of
a person characterized by abnormal motor control posture
resulting from brain insult or injuries occurring in the pre-
natal, peri-natal or infant period of development.
 Mental Retardation:
 Mental retardation means a condition of arrested or
incomplete development of mind of person, which is
specially characterized by sub-normality of intelligence.
 Multiple Disabilities:
 Multiple disabilities means a combination of two or
more disabilities as defined in clause (1) of section 2 of
the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995
 Other definitions as:
 Severe Disability: means disability with 80 % or more of
one or more of multiple disabilities
 Constitution of board
 A CHAIRPERSON
 9 MEMBERS - 3 NGOS & parents associations
 8 persons from ministries & departments
 3 persons from industry
 Chief executive officer
 3 years term
 To enable and empower persons with disability to live
as independently and as fully as possible within and as
close to the community to which they belong;
 To strengthen facilities to provide support to persons
with disability to live within their own families;
 To extend support to registered organization to
provide need based services during the period of crises
in the family of persons with disability;
 To deal with problems of persons with disability who
do not have family support;
 To promote measures for the care and protraction of
persons with disability in the event of death of their parent
or guardian;
 To evolve procedure for the appointment of guardians and
trustees for persons with disability requiring such
protection;
 To facilitate the realization of equal opportunities,
protection of right and full participation of persons with
disability;
 To do any other act which is incidental to the aforesaid
object.
 POWER & DUTIES OF BOARD
 Receive contribution of 100 corers from central Govt.
 Receive bequest of movable property from any person
for the benefit of the person with disability in general for
the furtherance of the objectives of the trust in
particular
 Any further support from Govt.
 Develop approve programme
 Preference to women with disability, persons with severe
disability or senior citizen with disability
 APPROVED PROGRAMME
 1. INDEPENDENT LIVING IN COMMUNITY
 Conducive Environment
 Counseling & Training of Family
 Adult Training Centre
 Individual & Group Homes
 Self Help Groups
 Local Committees for Guardianship
 2. PROMOTE SPECIAL CENTRE
 Respite Care
 Foster Family Care
 Day Care Services
 Residential Homes
 Residential Hostels
 REGISTRATION PROCEDURE
 Disability welfare NGO or association
 Of PWDs may make an application for registration to
the board
 Application in prescribed format
 Enquiry as per guidelines
 Recognition granted or rejected
 LOCAL COMMITTEE
 1. CONSIST OF:
 Govt. representative -
 At least district magistrate
 Person from regd. Organization
 A person with disability
 2. TENURE: 3 Years
 3. Meeting: Once in 3 Months
 4. Function: Appointment of Guardian
 GUARDIAN
 1.Application to LOCAL AUTHORITY by:
 Parent or relative of a PWD
 Registered Organization
 2. LOCAL AUTHORITY to consider:
 Whether person needs a GUARDIAN
 Purpose for which guardianship required
 3. Application forwarded to BOARD
 4. Guardian to furnish inventory and accounts
 5. REMOVAL of Guardian:
 Abusing or neglecting the person
 Misappropriating or neglecting property
Who Can Apply For Guardianship?
 The National Trust has a provision that the appointment of
a legal guardian should be done for those cases who are
above 18 years of age and falls into the categories of those
disabilities dealt with the trust.
 Either the mother or the father can jointly apply for
guardianship for their 18 year old child reared of in case of
one of them due to death or divorce.
 If both the parents are absent or dead and the child does
not have a guardian, a relative can seek guardianship.
 The National Trust Act has provision for 2 kinds of
guardianship. They are:
 Guardian for the person
 Guardian for the person and property.
 Chapter 7 deals with accountability and monitoring;
and chapter8 deals with finance, account and audit
section.
 GOVERNMENT CONTROL
 BOARD Bound by DIRECTIONS of Govt.
 Decision of Govt. FINAL
 POWER of Govt. to Supersede BOARD
 EXEMPTION from tax on INCOME
 Protection of action of Members taken in good faith.
 Chairperson, Members and Officers of BOARD to be
PUBLIC SERVANTS
 With the commencement of this act, the worry of the
parents about the survival of their children with
disability has been replaced by comfort adding to
making their life of person with disabilities healthy,
wealthy and peaceful.
 An Act,
 to provide for the constitution of Rehabilitation
Council of India for regulating the training of
rehabilitation professionals
 the maintenance of a Central Rehabilitation
Register
 And look after the matters connected therewith
or incidental thereto.
 In 1987 Justice Baharul Islam committee was
appointed to draft the legislation emphasizing the
rights, equal opportunities, and full
participation of disabled persons.
 On the recommendation of Behrul Islam
Committee, the Ministry of Social Justice and
Empowerment proposed a comprehensive bill
which was introduced in the parliament in
December 1991 and received the consent of the
president on september 1, 1992.
 The Rehabilitation Council of India(RCI) was set up
as a registered society in 1986. On September,1992
the RCI Act was enacted by Parliament and it became
a Statutory Body on 22 June 1993. The Act was
amended by Parliament in 2000 to make it more
broad-based. The mandate given to RCI is to regulate
and monitor services given to persons with disability,
to standardise syllabi and to maintain a Central
Rehabilitation Register of all qualified professionals
and personnel working in the field of Rehabilitation
and Special Education. The Act also prescribes
punitive action against unqualified persons
delivering services to persons with disability.
 RCI Act is solely concerned with manpower
development for the rehabilitation of persons with
disabilities
 Due to lack of trained manpower, rehabilitation
services could not be expanded. For this, the
government of India made a decision to organize
rehabilitation councils
 Its a major move by the government of India for quality
assurance in the education, training and management
of persons with disabilities.
 This act consists of three chapters,
 CHAPTER 1: Preliminary.
 This section gives the definition.
 CHAPTER 2: The Rehabilitation Council of India
 This section deals with the constitution and
incorporation of Rehabilitation Council of
India.
 CHAPTER 3: Functions of the council
 This section deals with the functions of the
council in details, recognition of qualifications
granted by the Universities etc., in India for
rehabilitation professionals
 A statutory body
 Established under act of parliament
 To fulfill all the rehabilitation needs of persons with
disabilities which are as follows:
 Physical and Medical Rehabilitation
 Educational Rehabilitation
 Vocational Rehabilitation and
 Social Rehabilitation
 To regulate training policies and programmes for the
rehabilitation of persons with disabilities
 Standardization of training programmes and
curriculum for professionals in the field of disabilities
 Setting a minimum standard of curriculum for
education and training of the professionals of different
areas of disabilities
 To regulate this standard in all the institutions of
country
 Registration of institutes where degrees, diplomas and
certificate courses are being run and if they do not
follow instructions, RCI registration may be removed
too
 It gives approval to the courses ( degree, diploma,
certificate) run by different universities and
institutions
 Maintain a register of trained professionals.
 Privileges of persons who are registered with the RCI
 Regular collection of information related to education
and training of persons with disabilities from different
institutions of India and foreign countries which are
helpful for the rehabilitation of disabled persons
 Recognition of qualifications granted by universities,
etc. in India for rehabilitation professionals
 Recognition of qualifications granted by Institutions
outside India
 Rights of persons possessing qualifications included
in the schedule to be enrolled
 Power to require information as to courses of study
and examination
 Inspectors at examinations
 Withdrawal of recognition
 Provisional conduct and removal of names from
register
 Appeal against order of removal from register
 Maintaining register
 Information to be furnished by council and
publication thereof
 Cognizance of offences
 Protection of action taken in good faith
 Employee of council to be public servants
 Power to make rules
 Power to make regulations
 Laying of rules and regulations before the parliament
 The RCI maintains a central registration for
professionals trained and eligible to work in the field
of disability.
 The registered professionals will be authorized for the
following:
 Rehabilitation –related educated and trained persons
will be registered in a RCI register and thy will be able
to give their services all over the country.
 Only those persons will be accepted as professionals
who are registered with the RCI.
 These professionals (RCI-registered) can provide their
services in any governmental or non-governmental
institution.
 Wherever an attestation of a rehabilitation
professionals will be needed, they will legally
authorized to do so.
 The RCI has given the following categories of
registration within which a professional can be
registered, based on his/her professional training, to
provide services to the disabled persons.
1. Audiologist and Speech Therapists
2. Clinical Psychologists
3. Hearing Aid and Ear Mould Technicians
4. Rehabilitation Engineers and Technicians
5. Special Teachers for Education and Training the
handicapped
6. Vocational Counsellors, Employment Officers and
Placement Officers dealing with handicapped
7. Multipurpose Rehabilitation Therapists, Technicians
8. Speech and Hearing Technician
9. Rehabilitation Psychologists
10. Rehabilitation Social Workers
11. Rehabilitation Practitioners in Mental Retardation
12. Orientation and Mobility Specialists
13. Community Based Rehabilitation Professionals
14. Rehabilitation Counsellors/Administrators
15. Prosthetists and Orthotists
16. Rehabilitation Workshop Managers
 The RCI inspects the organizations and if the
organizations is found capable according to RCI
norms, they are given recognition.
 It conducts disability related schemes and plans for
support of persons with disabilities.
 It also provides grants for conducting training
programmes to the institutes (government/non-
government) recognized by the Rehabilitation Council
of India.
 This act adds to the betterment of persons with
disabilities by creating space and provisions for
increasing manpower in this field for the purpose of
serving them and making them independent as far as
possible.
 To sum up, these Acts are examples for our developing
and educating society. By these Acts now we feel that
we are really ready to provide equal opportunities for
all people who have lagged behind in the race of social
and economic life due to some physical and mental
disability.
 http://disabilityaffairs.gov.in/content/page/acts.phpht
tps://en.wikipedia.org/wiki/Baharul_Islam
 http://www.rehabcouncil.nic.in/
 https://indiacode.nic.in/bitstream/123456789/1977/1/1
99234.pdf
 https://indiacode.nic.in/bitstream/123456789/1951/1/19
9944.pdf
 https://indiacode.nic.in/bitstream/123456789/2155/1/2
01649.pdf
 http://niepmd.tn.nic.in/documents/PWD%20ACT.pdf
Acts in the field of disability

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Acts in the field of disability

  • 1. Md. Shadab Alam Faculty, Department of Special Education, at Himalayan University Itanagar, Arunachal Pradesh (India)
  • 2.  The persons with disabilities (equal opportunities, protection of rights and full participation ) act,1995.  The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act 1999.  Rehabilitation council of India act 1992.
  • 3.  India is governed by the political system of ’’democracy’’ whose main objective is to provide equal opportunities for all the citizens, irrespective of their being abled or disabled, through which they can make their lives healthy, wealthy, and peaceful. In today’s scenario several acts have been passed to provide them liberty, equality and impartiality for their lives.
  • 4. An Act is legislation made by Parliament. Often, Acts have regulation-making powers allowing regulations to be made under them.
  • 5.
  • 6. 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.
  • 7.  Meeting of the Economic and Social Commission for Asia and Pacific held in Beijing on 1st to 5th December 1992 adopted the proclamation of full participation and equality of people with disabilities.  India is a signatory to the proclamation.  The bill was passed in parliament in 1995 in winter session, received the consent of the president on January 1,1996 as “The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995” and came into enforcement on February 7,1996.
  • 8.  This act consists of 14 chapters, which are as follows:  CHAPTER 1: Preliminary  CHAPTER 2: The Central Coordination Committee  CHAPTER 3: The State Coordination Committee  CHAPTER 4: Prevention And Early Detection Of Disabilities  CHAPTER 5: Education  CHAPTER 6: Employment  CHAPTER 7: Affirmative Action  CHAPTER 8: Non - Discrimination  CHAPTER 9: Research and Development  CHAPTER 10: Recognition Of Institutions For Persons With Disabilities  CHAPTER 11: Institutions For Persons With Severe Disabilities  CHAPTER 12: The Chief Commissioner And Commissioners For Persons With Disabilities  CHAPTER 13: Social Security  CHAPTER 14: Miscellaneous
  • 9.  Providing equal opportunities to persons with disabilities and to tell them that they can also help to develop their communities and country .  To ensure full participation of persons with disability in the nation building.  A significant endeavor to empower persons with disabilities to protect their rights and promote their equality and participation by eliminating discriminations of all kinds.
  • 10.  It emphasizes the need to prepare a comprehensive education scheme that will make various provisions for transport facilities, removal of architectural barriers, supply of books, uniforms and other materials, the grant of scholarships, suitable modification in the examination system, restructuring of curriculum, redressal of grievances.  This act includes education, vocational training and employment programmes for developing human resources, reservation, barrier free environment, unemployment allowances, special insurance schemes and policies for persons with disabilities and the establishment of houses for the persons with severe disabilities.
  • 11.  The provision of the act also ranges from prevention, early detection, preferential treatment and protection from negative treatment.  To counteract any situation of abuse and exploitaion of persons with disabilities  To lay down a framework for comprehensive development of strategies, programmes and services for and equalization of opportunities for persons with disabilities  To make special provisions for integration of persons with disabilities with the mainstream  To provide for their social security.
  • 12. CHAPTER 1, titled Preliminary, includes and also define 7 main types of disability which are covered within this act.  Thus, Disability means:  Blindness  Low vision  Leprosy cured  Hearing impairment  Locomotor disability  Mental retardation  Mental illness  Person with disability means a person suffering from not less than 40% of any disability as certified by a medical authority.
  • 13. Definitions:-  Blindness refers to a condition where a person suffers from:  Total absence of sight  Visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or  Limitation of the field of vision subtending an angle of 20 degree or worse  A Person with low vision means a person with impairment of visual functioning even after treatment of standard refractive correction but who uses of is potentially capable of using vision for the planning or execution of a task with appropriate assistive device.
  • 14.  Cerebral Palsy means a group of non progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in pre natal, peri-natal or infant period of development.  Hearing impairment means loss of sixty decibels or more in the better ear in the conversational range of frequencies
  • 15.  Leprosy cured person means any person who has been cured of leprosy but is suffering from:  Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye lid with no manifest deformity  Manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity  Extreme physical deformity as well as advanced age which prevents them from undertaking any gainful occupation, and the expression ‘leprosy cured’ shall be construed accordingly.
  • 16.  Locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy  Mental illness means any mental disorder other than mental retardation  Mental retardation means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence.
  • 17.  According to this act various committees have been designed for the successful implementation of the act. Chief Disability Commissioner (Central Level) Central Coordination Committee Commissioner for The Disability (State Level) State Level Coordination Committee Social Welfare Officer / Rehabilitation Officer / Asst. Director of the Disabled District Level Coordination Committee
  • 18.  According to their available resources, the state government and local governing bodies are responsible for taking some preventive measures control the increasing rate of disability. The above departments will implement the following services for the welfare of persons with disabilities.  Research, surveys and investigations shall be conducted to ascertain the cause of occurrence of disabilities.  Various measures shall be taken to prevent disabilities. Staff at the primary health center shall be trained to assist in this work.
  • 19.  All children shall be screened once in a year for identifying “at risk” cases.  Creating awareness among the people about disability, its various causes and prevention by various methods.  To provide care for both child and mother at pre-natal, natal and post natal periods.  Educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers  Create awareness amongst the masses through TV, radio and other mass media on the causes of disabilities and the preventive measures to be adopted.
  • 20.  Ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of 18 years  Appropriate transportation, removal of architectural barriers, restructuring of curriculum and modifications in the examination system for the benefit of children with disability.  Children with disabilities shall have the right to free books, scholarships, uniform and other learning materials.  Endeavour to promote the integration of students with in normal schools  Promote setting up of special schools in government and private sector for those in need of special education in such a manner that children with disabilities living in any part of the country have access to such schools  Endeavour to equip special schools for children with disabilities with vocational training facilities.  For children with disabilities, non – formal education shall be promoted
  • 21.  Create schemes for:  Conducting part time classes in respect of children with disabilities who having completed education up to class 5 could not continue their studies on a whole time basis  Conducting special part time classes for providing functional literacy classes for children in the age group 16 and above  Imparting non-formal education by utilizing the available man power in rural areas after giving them appropriate education  Imparting education through open schools/ universities  Conducting class and discussions through interactive electronic or other media  Providing every child disability, free of cost special books and equipment needed for his education
  • 22.  Initiate research by official and non governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching material and such other items as are necessary to give a child with disabilities equal opportunities in education  Set up adequate number of teachers’ training institutions and assist the national institutes and other voluntary organizations to develop teachers’ training programmes specializing in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.
  • 23.  Prepare comprehensive education scheme for providing  Transport facilities to children with disabilities or in the alternative financial incentives to parents and guardians to enable their children to attend schools  Removing architectural barriers from schools, colleges or other institutions imparting vocational and professional training  Supplying books, uniforms and other material to children with disabilities attending schools  Granting scholarship to students with disabilities  Setting up appropriate provision for the redressal of grievances of parents regarding placement of children with disabilities
  • 24.  Making suitable modifications in the examination system to eliminate purely mathematical questions for of blind students & students with low vision  Restructuring curriculum for students with disabilities  Restructuring curriculum for students with hearing impairment to facilitate them to take only one language as part of their curriculum.  For their education new and effective media like TVs, Radios, computers etc. Should be used.  Teacher training institutions shall be established to develop requisite manpower in the field of disability rehabilitation.
  • 25.  Identify posts in the establishments which can be reserved for persons with disability  Review and update the list of posts identified at least every 3 years  Appoint in every establishment such percentage of vacancies not less than 3 percent for persons with disability of which 1 percent each shall be reserved for persons suffering from:  Blindness or low vision  Hearing impairment  Locomotor disability
  • 26.  Government educational institutes and other educational institutes receiving grant from government shall receive at least 3% seats for people with disabilities.  If person faces an inability to perform his duties, he/she should not be dismissed or demoted from the post but he/she should be provided another post of the same salary to which they can easily adjust.
  • 27.  Formulate schemes to provide for:  Training and welfare of persons with disabilities  Relaxation of upper limit  Regulate employment  Health and safety measures and create non- handicapping environment in places where persons with disabilities are employed  Manner in which the cost of operating the schemes is to be defrayed  Constitute authority responsible for the administration of the scheme  Reserve not less than 3% in all poverty alleviation schemes for persons with disabilities.  Incentives to employers in public and private sectors to ensure that at least 5% of their work force is composed of persons with disabilities.
  • 28.  Make schemes to provide aids and appliances  Give preferential allotment of land at concessional rates for:  House  Setting up business  Setting up of special recreation centres  Establishment of special schools  Establishment of research centres  Establishment of factories by entrepreneurs with disabilities
  • 29.  Establishments in transport sector shall:  Adapt rail compartments, buses, vessels, aircrafts for easy access to disabled persons  Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms to permit wheel chair users to use them conveniently and make it disabled - friendly
  • 30.  Local authorities shall:  Install auditory signals at red lights in public roads for persons with visual handicap  Cause curb cuts and slopes on pavements for wheel chair users  Engraving on zebra crossing and edges of railway platforms for blind persons  Provide warning signals at appropriate places  Devise appropriate symbols of disability  Provide ramps in public buildings  Adapt toilets in public buildings for wheel chair users  Provide braille symbols and auditory signals in lifts
  • 31.  Provide ramps in hospitals, PHCs and other medical care and rehabilitation units  No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service  Provided that if the employee, after acquiring the disability is not suitable for the post he is holding, could be shifted to some other post in the same pay scale  Provided further that if it is not possible to adjust the employee against any post he may be kept on supernummary post till a suitable post is available, or till he attains the age of superannuation  No promotion shall be denied to a person on grounds of disability
  • 32.  To promote and sponsor research for:  Prevention of disability  Rehabilitation including community based rehabilitation  Development of assistive devices including their psycho- social aspects  Job identification  On-site modification of offices and factories  Financial assistance shall be made available to universities, other institutions for undertaking research for special education, rehabilitation and man power development. Chapter 9 – Research and Manpower Development
  • 33. Chapter 10, 11 and 12 deals with recognition of institutions for persons with disabilities, the appropriate government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit, appointing chief commissioner and commissioners for persons with disabilities for the purposes of this act.
  • 34.  Undertake rehabilitation of all persons with disabilities  Financial assistance to non-government organizations for rehabilitation of persons with disabilities  Consult non governmental organizations while formulating policy  Frame an insurance or alternate security scheme for the benefit of employees with disabilities  Provide for unemployment allowance to persons with disabilities registered with special employment exchanges for more than a year and who could not be placed in gainful occupation. Chapter 13 – Social security
  • 35.  In case of any violation of the rights as prescribed in the act, people with disabilities may put their complaints to  The chief commissioner for persons with disabilities in the central government  Commissioner for persons with disabilities in the state governments. Chapter 14 – Grievance Redressal i.e. complaint removal
  • 36. It will strengthen the hands of the government to formulate appropriate programme for education and employment of people with disabilities including those with mental retardation. This act is an example that now we are ready to provide equal opportunities for all person who have lagged behind n the race of social and economic life due to some physical and mental disability.
  • 37.
  • 38. An act to provide for the constitution of a body at the national level for the Welfare of Persons Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto.
  • 39.  Before the enactment of this act, survival of persons with such disabilities which require life- long care at varying degrees despite the best training and rehabilitation efforts was very difficult after the death of their parents.  This act is an answer to the question in the mind of their parents- “what will happen to my child after me?”
  • 40.
  • 41.  This Act sets up a trust to be managed by a board of trustees. Thus,  The National Trust is a statutory body under the Ministry of Social Justice and Empowerment, set up under the NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES ACT 1999  This board will be the body that decides matters relating to the implementation of the act. The other implementing bodies of this Act would be the local level committee. These would function at the state or district levels.
  • 42.  This act is intended only for the benefit of persons with autism, cerebral palsy, mental retardation and multiple disabilities.  The act extends to the whole of India except Jammu and Kashmir
  • 43.  This act consists of total 9 chapters and 36 sections.  CHAPTER 1:- Preliminary  CHAPTER 2:- The national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities  CHAPTER 3:- Objectives of the trust  CHAPTER 4:- Power and duties of the board  CHAPTER 5:- Procedure for registration  CHAPTER 6:- Local level committees  CHAPTER 7:- Accountability and monitoring  CHAPTER 8:- Finance, accounts and audits  CHAPTER 9:- Miscellaneous
  • 44.  Chapter 1, titled preliminary, gives definition of disabilities mentioned above as  Autism:  Autism means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behavior.  Cerebral Palsy:  Cerebral palsy means a group of non-progressive condition of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre- natal, peri-natal or infant period of development.
  • 45.  Mental Retardation:  Mental retardation means a condition of arrested or incomplete development of mind of person, which is specially characterized by sub-normality of intelligence.  Multiple Disabilities:  Multiple disabilities means a combination of two or more disabilities as defined in clause (1) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995  Other definitions as:  Severe Disability: means disability with 80 % or more of one or more of multiple disabilities
  • 46.  Constitution of board  A CHAIRPERSON  9 MEMBERS - 3 NGOS & parents associations  8 persons from ministries & departments  3 persons from industry  Chief executive officer  3 years term
  • 47.  To enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong;  To strengthen facilities to provide support to persons with disability to live within their own families;  To extend support to registered organization to provide need based services during the period of crises in the family of persons with disability;  To deal with problems of persons with disability who do not have family support;
  • 48.  To promote measures for the care and protraction of persons with disability in the event of death of their parent or guardian;  To evolve procedure for the appointment of guardians and trustees for persons with disability requiring such protection;  To facilitate the realization of equal opportunities, protection of right and full participation of persons with disability;  To do any other act which is incidental to the aforesaid object.
  • 49.  POWER & DUTIES OF BOARD  Receive contribution of 100 corers from central Govt.  Receive bequest of movable property from any person for the benefit of the person with disability in general for the furtherance of the objectives of the trust in particular  Any further support from Govt.  Develop approve programme  Preference to women with disability, persons with severe disability or senior citizen with disability
  • 50.  APPROVED PROGRAMME  1. INDEPENDENT LIVING IN COMMUNITY  Conducive Environment  Counseling & Training of Family  Adult Training Centre  Individual & Group Homes  Self Help Groups  Local Committees for Guardianship
  • 51.  2. PROMOTE SPECIAL CENTRE  Respite Care  Foster Family Care  Day Care Services  Residential Homes  Residential Hostels
  • 52.  REGISTRATION PROCEDURE  Disability welfare NGO or association  Of PWDs may make an application for registration to the board  Application in prescribed format  Enquiry as per guidelines  Recognition granted or rejected
  • 53.  LOCAL COMMITTEE  1. CONSIST OF:  Govt. representative -  At least district magistrate  Person from regd. Organization  A person with disability  2. TENURE: 3 Years  3. Meeting: Once in 3 Months  4. Function: Appointment of Guardian
  • 54.  GUARDIAN  1.Application to LOCAL AUTHORITY by:  Parent or relative of a PWD  Registered Organization  2. LOCAL AUTHORITY to consider:  Whether person needs a GUARDIAN  Purpose for which guardianship required  3. Application forwarded to BOARD  4. Guardian to furnish inventory and accounts  5. REMOVAL of Guardian:  Abusing or neglecting the person  Misappropriating or neglecting property
  • 55. Who Can Apply For Guardianship?  The National Trust has a provision that the appointment of a legal guardian should be done for those cases who are above 18 years of age and falls into the categories of those disabilities dealt with the trust.  Either the mother or the father can jointly apply for guardianship for their 18 year old child reared of in case of one of them due to death or divorce.  If both the parents are absent or dead and the child does not have a guardian, a relative can seek guardianship.
  • 56.  The National Trust Act has provision for 2 kinds of guardianship. They are:  Guardian for the person  Guardian for the person and property.
  • 57.  Chapter 7 deals with accountability and monitoring; and chapter8 deals with finance, account and audit section.
  • 58.  GOVERNMENT CONTROL  BOARD Bound by DIRECTIONS of Govt.  Decision of Govt. FINAL  POWER of Govt. to Supersede BOARD  EXEMPTION from tax on INCOME  Protection of action of Members taken in good faith.  Chairperson, Members and Officers of BOARD to be PUBLIC SERVANTS
  • 59.  With the commencement of this act, the worry of the parents about the survival of their children with disability has been replaced by comfort adding to making their life of person with disabilities healthy, wealthy and peaceful.
  • 60.
  • 61.  An Act,  to provide for the constitution of Rehabilitation Council of India for regulating the training of rehabilitation professionals  the maintenance of a Central Rehabilitation Register  And look after the matters connected therewith or incidental thereto.
  • 62.  In 1987 Justice Baharul Islam committee was appointed to draft the legislation emphasizing the rights, equal opportunities, and full participation of disabled persons.  On the recommendation of Behrul Islam Committee, the Ministry of Social Justice and Empowerment proposed a comprehensive bill which was introduced in the parliament in December 1991 and received the consent of the president on september 1, 1992.
  • 63.  The Rehabilitation Council of India(RCI) was set up as a registered society in 1986. On September,1992 the RCI Act was enacted by Parliament and it became a Statutory Body on 22 June 1993. The Act was amended by Parliament in 2000 to make it more broad-based. The mandate given to RCI is to regulate and monitor services given to persons with disability, to standardise syllabi and to maintain a Central Rehabilitation Register of all qualified professionals and personnel working in the field of Rehabilitation and Special Education. The Act also prescribes punitive action against unqualified persons delivering services to persons with disability.
  • 64.  RCI Act is solely concerned with manpower development for the rehabilitation of persons with disabilities  Due to lack of trained manpower, rehabilitation services could not be expanded. For this, the government of India made a decision to organize rehabilitation councils  Its a major move by the government of India for quality assurance in the education, training and management of persons with disabilities.
  • 65.  This act consists of three chapters,  CHAPTER 1: Preliminary.  This section gives the definition.  CHAPTER 2: The Rehabilitation Council of India  This section deals with the constitution and incorporation of Rehabilitation Council of India.  CHAPTER 3: Functions of the council  This section deals with the functions of the council in details, recognition of qualifications granted by the Universities etc., in India for rehabilitation professionals
  • 66.  A statutory body  Established under act of parliament
  • 67.  To fulfill all the rehabilitation needs of persons with disabilities which are as follows:  Physical and Medical Rehabilitation  Educational Rehabilitation  Vocational Rehabilitation and  Social Rehabilitation
  • 68.  To regulate training policies and programmes for the rehabilitation of persons with disabilities  Standardization of training programmes and curriculum for professionals in the field of disabilities  Setting a minimum standard of curriculum for education and training of the professionals of different areas of disabilities  To regulate this standard in all the institutions of country
  • 69.  Registration of institutes where degrees, diplomas and certificate courses are being run and if they do not follow instructions, RCI registration may be removed too  It gives approval to the courses ( degree, diploma, certificate) run by different universities and institutions  Maintain a register of trained professionals.  Privileges of persons who are registered with the RCI
  • 70.  Regular collection of information related to education and training of persons with disabilities from different institutions of India and foreign countries which are helpful for the rehabilitation of disabled persons  Recognition of qualifications granted by universities, etc. in India for rehabilitation professionals  Recognition of qualifications granted by Institutions outside India  Rights of persons possessing qualifications included in the schedule to be enrolled
  • 71.  Power to require information as to courses of study and examination  Inspectors at examinations  Withdrawal of recognition  Provisional conduct and removal of names from register  Appeal against order of removal from register  Maintaining register  Information to be furnished by council and publication thereof
  • 72.  Cognizance of offences  Protection of action taken in good faith  Employee of council to be public servants  Power to make rules  Power to make regulations  Laying of rules and regulations before the parliament
  • 73.  The RCI maintains a central registration for professionals trained and eligible to work in the field of disability.  The registered professionals will be authorized for the following:  Rehabilitation –related educated and trained persons will be registered in a RCI register and thy will be able to give their services all over the country.  Only those persons will be accepted as professionals who are registered with the RCI.
  • 74.  These professionals (RCI-registered) can provide their services in any governmental or non-governmental institution.  Wherever an attestation of a rehabilitation professionals will be needed, they will legally authorized to do so.
  • 75.  The RCI has given the following categories of registration within which a professional can be registered, based on his/her professional training, to provide services to the disabled persons. 1. Audiologist and Speech Therapists 2. Clinical Psychologists 3. Hearing Aid and Ear Mould Technicians 4. Rehabilitation Engineers and Technicians 5. Special Teachers for Education and Training the handicapped
  • 76. 6. Vocational Counsellors, Employment Officers and Placement Officers dealing with handicapped 7. Multipurpose Rehabilitation Therapists, Technicians 8. Speech and Hearing Technician 9. Rehabilitation Psychologists 10. Rehabilitation Social Workers 11. Rehabilitation Practitioners in Mental Retardation 12. Orientation and Mobility Specialists 13. Community Based Rehabilitation Professionals 14. Rehabilitation Counsellors/Administrators 15. Prosthetists and Orthotists 16. Rehabilitation Workshop Managers
  • 77.  The RCI inspects the organizations and if the organizations is found capable according to RCI norms, they are given recognition.
  • 78.  It conducts disability related schemes and plans for support of persons with disabilities.  It also provides grants for conducting training programmes to the institutes (government/non- government) recognized by the Rehabilitation Council of India.
  • 79.  This act adds to the betterment of persons with disabilities by creating space and provisions for increasing manpower in this field for the purpose of serving them and making them independent as far as possible.
  • 80.  To sum up, these Acts are examples for our developing and educating society. By these Acts now we feel that we are really ready to provide equal opportunities for all people who have lagged behind in the race of social and economic life due to some physical and mental disability.
  • 81.  http://disabilityaffairs.gov.in/content/page/acts.phpht tps://en.wikipedia.org/wiki/Baharul_Islam  http://www.rehabcouncil.nic.in/  https://indiacode.nic.in/bitstream/123456789/1977/1/1 99234.pdf  https://indiacode.nic.in/bitstream/123456789/1951/1/19 9944.pdf  https://indiacode.nic.in/bitstream/123456789/2155/1/2 01649.pdf  http://niepmd.tn.nic.in/documents/PWD%20ACT.pdf