West Bengal Rights of Persons with Disabilities Rules, 2017 (Draft)

West Bengal Rights of Persons with Disabilities Rules, 2017 (Draft)

No. SW/O/1A-01/17; Dated: 28th August 2017.

West Bengal logoThe following draft of West Bengal the Rights of Persons with Disabilities Rules, which the state government proposes to make, in exercise of the powers conferred by sub sections (1) and (2) of Section 101 of Rights of Persons with Disabilities Act, 2016 (49 of 2016) is hereby published for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of fifteen days from the date on which the copies of this notification are made available to the public;

Suggestion & objection, if any, may be addressed to Sri Naba Gopal Hira, Additional Secretary to the Govt. of West Bengal, Department of Women and Child Development and Social Welfare, Bikash Bhavan, North Block, 10th Floor, Salt Lake, Kolkata – 700 091 or by email at nghira20@gmail.com and com.disabilitywb@gmail.com

Chapter – 1 : Preliminary
Chapter – 2 : Committee on Research on Disability
Chapter – 3 : Limited Guardianship
Chapter – 4 : Education
Chapter – 5 : Certificate of Registration of Institution
Chapter – 6 : Appeal regarding Certificate of Disability
Chapter – 7 : State Advisory Board
Chapter – 8 : District Level Committee
Chapter – 9 : State Commissioner for Persons with Disabilities
Chapter – 10 : Special Court
Chapter – 11 : State Fund of Persons with Disabilities

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  1. I do not understand why your representation was rejected in 2017. I was also a central govt. officer who retired in 2014, the very year the rule to incorporate the name of our mentally handicapped child was passed.

    There was some resistance from the Babu’s at the office but ultimately I prevailed upon them to do the needful. It is basically the clerks who resist and misapprehend any change in rules. It requires senior officers to prevail upon them. Unfortunately few do.

    I also got the name of my daughter into the Bank Pension Passbook. The senior manager of an established SBI could not be convinced even after I showed him copies of the new rules but a junior manager of a new branch was easily convinced.

    Did the rules change after their introduction?

  2. I have a son with mental retardation (50%) . Being a Central Government Employee, I wanted inclusion of my son’s name and his disability recorded in my Service book for making him eligible for pension. But met a peculiar situation. His certificate issued by the Board formed with District Medical Officer is of no use. As per order no. 1/18/01-P&PW((e)(vol.II) of Min. Of Personnel, PG &Pension st 3o.09.2014 says a certificate stating his inability to earn has to be obtained from AIIMS, CIP etc . needs to be procured. I went to NIMHANS, Bangalore only to be informed that nothing such is issued. Only a certificate like what he is having now is sufficient provided he have one Unique Identity Card ( UID) .I came back and met Disability Commissioner, West Bengal and learnt work for UID is yet to be started in West Bengal. I am in a fix now.

  3. The benefit is requested to extend in non Government employees . Also, the persons who earn more than 1000 Rupees per month do have such children in their family. There is no Government support for their rehabilitation and as such, the parents live a helpless life. A considerable part of family income is spent for their maintenance and life term treatment. Question is , who to take care of these children after the expiry of their parents ? Do Govt thinks seriously? If so, what is the available benefit ? These population do not earn and are totally dependent on others and who will be there after their parents die???

  4. How much more will we have to wait for the state government to adopt the RPWD Act for availing the benefits under the newly inducted disabilities?

  5. At the time of the issue of the PPO of those unfortunate govt employees with children suffering from irreversible high degree of mental retardation and thus ever unable to spend life without complete support, mention of such eligible (after spouse) MR children for family pension in the PPO may kindly be considered as a rule since they are already eligible for drawing family pension. Such employees of some other states and the Central Govt are reportedly getting this benefit of seeing the names of the MR children in their respective PPOs from the date of issue of the PPO post superannuation (no document is available with the present poster.). These children have very few to run for them. So one step may be granted to such govt employees for mental peace and sense of security. Grant of family pension to such children may be subject to submission of updated disability certificate along with the death certificate of the last surviving parent.This is not causing any extra financial liability on the Govt.

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