MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
(Department of Empowerment of Persons with Disabilities)
NOTIFICATION
New Delhi, the 22nd October, 2018
G.S.R. 1053(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) the Central Government hereby proposes to make the following draft Rules to amend the Rights of Persons with Disabilities Rules, 2017 published for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft (amendment) rules shall be taken into consideration after the expiry of a period of thirty days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;
Objections and suggestions, if any, may be addressed to Shri K.V.S. Rao, Director, Department of Empowerment of Persons with Disabilities (Divyangjan), Room No 518, 5th Floor, Pandit Deen Dayal Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi, 110003 or by email at kvs.rao13@nic.in.
The objections and suggestions which may be received from any person with respect to the said draft rules
before the expiry of the period specified above, will be considered by the Central Government.
DRAFT RULES
1. Short title and extent.—
(1) These rules may be called the Rights of Persons with Disabilities (Amendment) Rules, 2018.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Rights of Persons with Disabilities Rules, 2017, after Chapter V, the following Chapter shall be inserted, namely,—
CHAPTER V A
14A
(1) The State Governments/UT Administrations shall notify the authority to whom a person with benchmark disability can apply for the high support requirement as per Section 38(1) of the Act.
(2) Only the persons with benchmark disabilities having permanent certificate of disability shall be eligible for applying for high support requirement.
(3) The State Governments shall constitute assessment board at the District level or Division level based on the number of persons with benchmark disabilities comprising of the following:-
(a) District Chief Medical Officer or Civil Surgeon or Medical Superintendent…………………………………. Chairperson
(b) District Social Welfare Officer……………………Member
(c) Five rehabilitation specialists (Physical Medicine and Rehabilitation or Orthopaedic specialist, ENT specialist, Ophthalmologist, General Physician (if the applicant is 18 years or above) or Pediatrician (if the applicant is less than 18 years), Psychiatrist)…………Members
(d) Occupational therapist or speech therapist or Clinical Psychologist or Physiotherapist (as per
requirement)………………Member
(e) Any other expert as the Chairperson feels appropriate……….Member
(4) The notified authority mentioned in sub-rule (1) shall refer every case to the Assessment Board for assessment of his/her high support requirement.
(5) The Assessment Board shall invite the applicant of high support needs for assessment and may, if necessary, seek clinical assessment.
(6) The Assessment Board shall assess the applicant on the basis of the six parameters and assign scores on the basis of the 100 point graded weightage indicated below:—
| Parameters | Weightage | |
|---|---|---|
| (a) Severity of physical disability (Max. weightage – 25) | (a) 40% – 59% | 15 |
| (b) 60% – 79% | 20 | |
| (c) 80% – 100% | 25 | |
| (b) Severity of mental/developmental disability (which restricts the person to take any informed decision) (Max. weightage – 25) | (a) 40% – 59% | 15 |
| (b) 60% – 79% | 20 | |
| (c) 80% – 100% | 25 | |
| (d) Cognitive Abilities like ability to take safety measures to use transport, logistics, gadgets, not to get lost (Max. weightage – 5) | – | 5 |
| (e) Environmental Barriers like access to health care or support systems for rehabilitation or health needs (Max. weightage – 5) | – | 5 |
| (f) Socio-economic status (Max. weightage – 5) | APL | 0 |
| BPL | 5 | |
| Total | 100 | |
(7) Any person with benchmark disability with a score 60 out of 100 point mentioned in sub-rule (6) may be
recommended by the assessment board for high support needs.
(8) The Assessment Board shall submit its recommendations to the notified authority within a period of 90 days from the date of receiving request for assessment from the said authority.
(9) The State Government/UTs may develop dedicated schemes to provide high support to such persons with benchmark disabilities.
(10) The notified authorities as mentioned in sub-rule (1) shall consider the application for high support requirement on the basis of the recommendations of the assessment board keeping in view the schemes/programmes of the State Government or UT Administration as the case may be.”
[F.No. 16-16/2017-DD-III]
DOLLY CHAKRABARTY, Jt. Secy.