The Draft Rights of Person with Disabilities Bill, 2012

THE DRAFT RIGHTS OF PERSONS WITH DISABILITIES BILL, 2012

The contents of Draft:-

Part I: PRELIMINARY

1. Short Title, Extent and Commencement
2. Definitions
3. Guiding Principles

PART II: RIGHTS AND ENTITLEMENTS

Chapter I: General

1. Equality and Non-discrimination
2. Women & Girls with Disabilities
3. Children with Disabilities
4. Legal Capacity and Equal Recognition before the Law
5. Replacement of Plenary Guardianship with Limited Guardianship
6. Duty to Provide Support in Exercise of Legal Capacity

Chapter 2: Right to Life, Liberty & Justice

1. Right to Life and Personal Liberty
2. Right to Live in the Community
3. Right to Integrity
4. Protection from torture or cruel, inhuman or degrading treatment or punishment
5. Protection from Abuse, Violence and Exploitation
6. Protection and Safety of Persons with Disabilities in Situations of Risk
7. Right to Home and Family
8. Reproductive Rights of Persons with Disabilities
9. Freedom of Speech , etc.
10. Right to Political Participation
11. Access to Justice

Chapter 3: Education 

1. Duty of Educational Institutions to Provide Inclusive Education to Students with Disabilities
2. Duty of Appropriate Governments and Local Authorities, to
3. Promote and Facilitate Inclusive Education
4. Adult Education for Persons with Disabilities

Chapter 4: Skill Development & Employment

1. Vocational Training and Self  Employment
2. Non-discrimination in Employment
3. Equal Opportunity Policies
4. Employers to Maintain Records & Powers to inspect such Records
5. Redressal of Grievances related to Section

Chapter 5: Social Security, Health, Rehabilitation & Recreation

1. Social Security
2. Health
3. Insurance for Employees with Disabilities
4. Rehabilitation
5. Research and Development
6. Leisure, Culture and Recreation
7. Participation in Sporting Activities

Chapter 6: Special Provisions for Persons with Benchmark Disabilities 

1. Right of Children with Benchmark Disabilities to Free Education up to the age of 18 years
2. Reservation in Higher Educational Institutions
3. Identification of Posts which can be Reserved for Persons with Benchmark Disabilities
4. Reservation of Posts for Persons with Benchmark Disabilities
5. Incentive/Disincentive to Employers in the Private Sector
6. Special Employment Exchanges
7. Affirmative Action

Chapter 7: Special Provisions for Persons with Disabilities with High Support Needs 

1. Persons with Disabilities with High Support Needs
2. Provision of High Support to Persons Needing It

PART III: DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVTS., ETC.

Chapter 1: Duties and Responsibilities 

1. Prevention of Disabilities
2. Awareness Raising
3. Accessibility
4. Accessibility Standards
5. Personal Mobility
6. Access to Services
7. Access to Information and Communication Technology
8. Access to Consumer Goods and Services
9. Service Animals
10. Mandatory Observance of Accessibility Norms
11. Time limit for Making Existing Infrastructure and Premises Accessible and Action Plan for that Purpose
12. Time limit for Accessibility and Duties of Service Provider
13. Human Resource Development
14. Disability Audit

Chapter 2: Registration of Institutions for PwDs, and Grants to such Institutions 

1. Competent Authority
2. Registration of Institutions for Persons with Disability
3. Certificate of Registration
4. Revocation of Certificate
5. Appeal
6. Act not to Apply to Institutions Established or Maintained by the Central or State Government
7. Financial Assistance to Registered Institutions

Chapter 3: Certification of Specified Disabilities 

1. Power of Central Government to Notify Guidelines for Assessment of Specified Disabilities
2. Designation of Certifying Authorities
3. Procedure for Certification of Specified Disabilities
4. Appeal Against a Decision of the Certifying Authority

PART IV: CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY 

Chapter 1: Central Advisory Board on Disability

1. Constitution of Central Advisory Board
2. Term of Office of Members
3. Disqualification
4. Vacation of Seats by Members
5. Meetings of the Central Advisory Board
6. Functions of the Central Board

Chapter 2: State Advisory Board and District Level Committee on Disability 

1. State Advisory Board on Disability
2. Terms and Conditions of Service of Members
3. Disqualifications
4. Vacation of Seats
5. Meetings of the State Advisory Board on Disability
6. Functions of the State Advisory Board on Disability
7. District-level Committee on Disability
8. Vacancies not to Invalidate Proceedings

PART V: NATIONAL & STATE COMMISSIONS FOR PERSONS WITH DISABILIITIES

Chapter 1: National Commission

1. Constitution of National Commission for Persons with Disabilities (NCPD)
2. Term of office of Chairperson and Members
3. Resignation and Removal of Chairperson and Members
4. Member to Act as Chairperson or to Discharge his Functions in Certain Circumstances
5. Terms and Conditions of Service of Chairperson and Members
6. Vacancies, etc. not to Invalidate Proceedings of the Commission
7. Procedure to be Regulated by the Commission
8. Officers and Other Staff of the Commission
9. Functions of the Commission
10. Action by Appropriate Authorities on the Commission’s Recommendations Made after Enquiry into a Complaint
11. Powers of the Commission
12. Annual and Special Reports of the Commission

Chapter 2: State Commission

1. Constitution of State Commissions for Persons with Disabilities
2. Resignation and Removal of Chairperson and Members
3. Term of Office of Chairperson and Members
4. Member to Act as Chairperson or to Discharge his Function in Certain Circumstances
5. Terms and Conditions of Service of Chairperson and Members
6. Officers and other staff of the Commission
7. Annual and Special Reports of State Commission
8. Application of Certain Provisions relating to National Commission for Persons with Disabilities to State Commissions
9. Transitory Provision regarding Chief Commissioner for Persons with Disabilities and State Commissioners appointed under the Persons with Disabilities Act, 1995.

PART VI: DISABILITY RIGHTS COURTS 

1. Special Disability Rights Courts
2. Exclusive Disability Rights Courts
3. Jurisdiction
4. Disability Rights Counsel

PART VII: NATIONAL FUND FOR PERSONS WITH DISABILITIES

1. Definitions
2. Establishment of a National Fund for Persons with Disabilities
3. Dissolution of Erstwhile Fund and Trust Fund and transfer of their rights, assets and liabilities to the National Fund for Persons with Disabilities
4. Governing Body of the Fund
5. Sources of Income for the National Fund for Persons with Disabilities
6. Management and Utilization of the Fund
7. Chief Executive Officer and Staff of Fund
8. Budget
9. Accounts and Audit
10. Annual Report
11. Authentication of Orders
12. Returns & Information
13. Powers of Central Government
14. Exemption from Tax on Income
15. Protection of action taken in Good Faith
16. Delegation
17. Power to make Regulations

PART VIII: OFFENCES & PENALTIES 

1. Punishment for contravention of Section 55, 54, 59 & 61
2. Offences by Establishments
3. Penalty for Hate Speech
4. Penalty for Assault or Use of Force
5. Penalty for Denial of Food and Fluids
6. Penalty for Sexual Exploitation
7. Penalty for Wrongful Medical Procedures
8. Punishment for Injury to Persons with Disability
9. Penalty for Forceful Termination of Pregnancy
10. Penalty for Fraudulently Availing Benefit meant for Persons with Disabilities
11. Penalty for Failure to Furnish Information

PART IX: MISCELLANEOUS  

1. Act to be in Addition and not in Derogation of any Other Law
2. Action Taken in Good Faith
3. Power to Remove Difficulties
4. Power of Appropriate Government to Make Rules
5. Powers of the National Commission to Make Regulations
6. Powers of the State Commission to Make Regulations
7. Repeal and Savings

http://socialjustice.nic.in/pdf/draftpwd12.pdf

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