THE DRAFT RIGHTS OF PERSONS WITH DISABILITIES BILL, 2012
The contents of Draft:-
Part I: PRELIMINARY
PART II: RIGHTS AND ENTITLEMENTS
Chapter I: General
- Equality and Non-discrimination
- Women & Girls with Disabilities
- Children with Disabilities
- Legal Capacity and Equal Recognition before the Law
- Replacement of Plenary Guardianship with Limited Guardianship
- Duty to Provide Support in Exercise of Legal Capacity
Chapter 2: Right to Life, Liberty & Justice
- Right to Life and Personal Liberty
- Right to Live in the Community
- Right to Integrity
- Protection from torture or cruel, inhuman or degrading treatmentย or punishment
- Protection from Abuse, Violence and Exploitation
- Protection and Safety of Persons with Disabilities in Situations ofย Risk
- Right to Home and Family
- Reproductive Rights of Persons with Disabilities
- Freedom of Speech , etc.
- Right to Political Participation
- Access to Justice
Chapter 3: Educationย
- Duty of Educational Institutions to Provide Inclusive Education toย Students with Disabilities
- Duty of Appropriate Governments and Local Authorities, to
- Promote and Facilitate Inclusive Education
- Adult Education for Persons with Disabilities
Chapter 4: Skill Development & Employment
- Vocational Training and Self ย Employment
- Non-discrimination in Employment
- Equal Opportunity Policies
- Employers to Maintain Records & Powers to inspect suchย Records
- Redressal of Grievances related to Section
Chapter 5: Social Security, Health, Rehabilitation & Recreation
- Social Security
- Health
- Insurance for Employees with Disabilities
- Rehabilitation
- Research and Development
- Leisure, Culture and Recreation
- Participation in Sporting Activities
Chapter 6: Special Provisions for Persons with Benchmark Disabilitiesย
- Right of Children with Benchmark Disabilities to Free Educationย up to the age of 18 years
- Reservation in Higher Educational Institutions
- Identification of Posts which can be Reserved for Persons withย Benchmark Disabilities
- Reservation of Posts for Persons with Benchmark Disabilities
- Incentive/Disincentive to Employers in the Private Sector
- Special Employment Exchanges
- Affirmative Action
Chapter 7: Special Provisions for Persons with Disabilities with High Support Needsย
- Persons with Disabilities with High Support Needs
- Provision of High Support to Persons Needing It
PART III: DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVTS., ETC.
Chapter 1: Duties and Responsibilitiesย
- Prevention of Disabilities
- Awareness Raising
- Accessibility
- Accessibility Standards
- Personal Mobility
- Access to Services
- Access to Information and Communication Technology
- Access to Consumer Goods and Services
- Service Animals
- Mandatory Observance of Accessibility Norms
- Time limit for Making Existing Infrastructure and Premisesย Accessible and Action Plan for that Purpose
- Time limit for Accessibility and Duties of Service Provider
- Human Resource Development
- Disability Audit
Chapter 2: Registration of Institutions for PwDs, and Grants to such Institutionsย
- Competent Authority
- Registration of Institutions for Persons with Disability
- Certificate of Registration
- Revocation of Certificate
- Appeal
- Act not to Apply to Institutions Established or Maintained by theย Central or State Government
- Financial Assistance to Registered Institutions
Chapter 3: Certification of Specified Disabilitiesย
- Power of Central Government to Notify Guidelines forย Assessment of Specified Disabilities
- Designation of Certifying Authorities
- Procedure for Certification of Specified Disabilities
- Appeal Against a Decision of the Certifying Authority
PART IV: CENTRAL AND STATE ADVISORY BOARDS ON DISABILITYย
Chapter 1: Central Advisory Board on Disability
- Constitution of Central Advisory Board
- Term of Office of Members
- Disqualification
- Vacation of Seats by Members
- Meetings of the Central Advisory Board
- Functions of the Central Board
Chapter 2: State Advisory Board and District Level Committee on Disabilityย
- State Advisory Board on Disability
- Terms and Conditions of Service of Members
- Disqualifications
- Vacation of Seats
- Meetings of the State Advisory Board on Disability
- Functions of the State Advisory Board on Disability
- District-level Committee on Disability
- Vacancies not to Invalidate Proceedings
PART V: NATIONAL & STATE COMMISSIONS FOR PERSONS WITH DISABILIITIES
Chapter 1: National Commission
- Constitution of National Commission for Persons with Disabilitiesย (NCPD)
- Term of office of Chairperson and Members
- Resignation and Removal of Chairperson and Members
- Member to Act as Chairperson or to Discharge his Functions inย Certain Circumstances
- Terms and Conditions of Service of Chairperson and Members
- Vacancies, etc. not to Invalidate Proceedings of the Commission
- Procedure to be Regulated by the Commission
- Officers and Other Staff of the Commission
- Functions of the Commission
- Action by Appropriate Authorities on the Commissionโsย Recommendations Made after Enquiry into a Complaint
- Powers of the Commission
- Annual and Special Reports of the Commission
Chapter 2: State Commission
- Constitution of State Commissions for Persons with Disabilities
- Resignation and Removal of Chairperson and Members
- Term of Office of Chairperson and Members
- Member to Act as Chairperson or to Discharge his Function inย Certain Circumstances
- Terms and Conditions of Service of Chairperson and Members
- Officers and other staff of the Commission
- Annual and Special Reports of State Commission
- Application of Certain Provisions relating to National Commissionย for Persons with Disabilities to State Commissions
- Transitory Provision regarding Chief Commissioner for Personsย with Disabilities and State Commissioners appointed under theย Persons with Disabilities Act, 1995.
PART VI: DISABILITY RIGHTS COURTSย
- Special Disability Rights Courts
- Exclusive Disability Rights Courts
- Jurisdiction
- Disability Rights Counsel
PART VII: NATIONAL FUND FOR PERSONS WITH DISABILITIES
- Definitions
- Establishment of a National Fund for Persons with Disabilities
- Dissolution of Erstwhile Fund and Trust Fund and transfer of theirย rights, assets and liabilities to the National Fund for Persons withย Disabilities
- Governing Body of the Fund
- Sources of Income for the National Fund for Persons withย Disabilities
- Management and Utilization of the Fund
- Chief Executive Officer and Staff of Fund
- Budget
- Accounts and Audit
- Annual Report
- Authentication of Orders
- Returns & Information
- Powers of Central Government
- Exemption from Tax on Income
- Protection of action taken in Good Faith
- Delegation
- Power to make Regulations
PART VIII: OFFENCES & PENALTIESย
- Punishment for contravention of Section 55, 54, 59 & 61
- Offences by Establishments
- Penalty for Hate Speech
- Penalty for Assault or Use of Force
- Penalty for Denial of Food and Fluids
- Penalty for Sexual Exploitation
- Penalty for Wrongful Medical Procedures
- Punishment for Injury to Persons with Disability
- Penalty for Forceful Termination of Pregnancy
- Penalty for Fraudulently Availing Benefit meant for Persons withย Disabilities
- Penalty for Failure to Furnish Information
PART IX: MISCELLANEOUS ย
- Act to be in Addition and not in Derogation of any Other Law
- Action Taken in Good Faith
- Power to Remove Difficulties
- Power of Appropriate Government to Make Rules
- Powers of the National Commission to Make Regulations
- Powers of the State Commission to Make Regulations
- Repeal and Savings
http://socialjustice.nic.in/pdf/draftpwd12.pdf
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