No.3603 5/1 /2012-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****
North Block, New Delhi
Dated the 29th November, 2013
OFFICE MEMORANDUM
Sub: Reservation for Persons with Disabilities-revised forms for Disability Certificates.
The undersigned is directed to refer to this Department's O.M. No. 36035/3/2004-
Estt.(Res) dated 29.12.2005 circulating consolidated instructions relating to Reservation for the
Persons with Disabilities.
2.
Ministry of Social Justice and Empowerment vide their Notification No. G.S.R. 2 (E)
dated 30.12.2009 has issued rules to amend the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said
Notification dated 30.12.2009 have prescribed various Forms of Disability Certificate.
3. Keeping in view the amended Rules for Disability Certificates issued by the Ministry of
Social Justice and Empowerment vide Notification dated 30.12.2009, paras 9, 10 and 11 of this
Department's O.M. No. 36035/3/2004-Est(Res) dated 29.12.2005 relating to issue of Disability
Certificate stands withdrawn.
4. All the Ministries/Departments are now requested to comply with the instructions
contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social
Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 ,12.2009 (copy enclosed for
ready reference).
5. All the Ministries/Deparunents are also requested to h. cag the above instructions to the
notice of all k pointing authorities under their control.
Encl.• As above
6111-
(G. Srimvasan)
Deputy Secretary to the Govt. of India
Tee: 2309 3074
1. All Ministries/Departments of the Govt. of India.
2. Railway Board
3. Supreme Court of India/Election Corrunission/Lok Sabha Secretariat/RajYa Sabha
Secretariat/Cabinet Secretariat/Central Vigilance Commission/President's Secretariat/
Prime Minister's Office, Planning Commission.
4. Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi.
5. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
6. Office of the Chief Commissioner for Persons with Disabilities, Sarojini House, 6,
Bhagwan Das Road, New Delhi.
7. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
8. All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions
and attached/subordinate officers of this Ministry.
9. In rmation and Facilitation Centre, Department of Personnel and Training, Nor! , Block,
ew Delhi.
0 IC, DoPT, North Block — for uploading the O.M. on the website in OMs & Orders>>
Estt(Reservation)>>Persons with Disabilities.
C %MITI -13111X3(1) ] WO' il0P-11( : 3ffiltMuT 17
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NOTIFICATION
New Delhi, the 30th December, 2009
G.S.R. 2 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of
Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules
to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996, namely :—
1. (1) These rules may be called the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Amendment
Rules, 2009.
(2) They shall come into force from the date of their publication bathe Official
Gazette.
2. In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
tarticipation) Rules, 1996, -
(I) for rule 2 , the following rule shall be substituted, namely:-
"2. Definitions.-
(1) In these rules unless the context otherwise requires,—
(a) "Act" means the Person$ with Disabilities (Equal Opportunities,
Protection of Rights and hill Participation) Ad, 1995 (1 of 1996);
3 GI/10-3
18 THEGAZETTE OF INDIA: EXTRAORDINARY 'PART II-SEC. Mill
(b) "certificate" or "disability certificate" means a certificate
issued in pursuance of clause (t) of section 2 of the Act;
(c) "multiple disabilities" means a combination of two or more
disabilities as defined in clause (i) of section 2 of the Act;
(d) "Form" means a form appended to these rules.
(2) Words and expressions defined in the Act but not defined in
these rules, shall have the meanings respectively assigned to
them in the Act";
(ii) for CHAPTER II, the following Chapter shall be substituted, namely :-
"CHAPTER II
DISABILITY CERTIFICATE
3. Application for issue of disability certificate -
(1) A person with disability desirous of jetting a certificate in his favour shall
submit an application in Form I, ;;nd the application shall be accompanied
by -
(a) proof of residence, and
(b) two recent passport size photographs.
(2) The application shall be submitted to -
(i) a medical authority competent to issue such a certificate in the district
of the applicant's residence as mentioned in the proof of residence
submitted by him with the application, or
(ii) the concerned medical authority in a government hospital where he
may be undergoing or may have undergone treatment in connection
with his disability :
[ WPTII —7311333(i) Wifff Wr n/: cot : affffUlTaT h 19
1
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
4. Issue of disability certificate -
(1) On receipt of an application under rule 3, the medical authority shall, after
satisfying himself that the applicant is a person with disability as defined
in sub-clause (t) of section 2 of the Act, issue a disability certificate in his
favour in Form II, Form III or Form IV as applicable.
(2) The certificate shall be issued as far as possible, within a week from the
date of receipt of the application by the medical authority, but in any
case, not later than one month from such date.
(3) The medical authority shall, after due examination,
give a permanent disability certificate in cases where there are no
chances of variation, over time, in the degree of disability, and
(ii) shall indicate the period of validity in the certificate, in cases where
there is any chance of variation, over time, in the degree of
disability.
(4) If an applicant is found ineligible for issue of disability certificate; the
medical authority shall explain to him the reasons for rejection of his
application, and shall also convey the reasons to him in writing.
(5) A copy of every disability certificate issued under these rules by. a medical
authority other than the Chief Medical Officer shall be simultaneously sent
by such medical authority to the Chief Medical Officer of the District.
et) 20 THEGAZETTEOFINDIA: EXTRAORDINARY [PART II—SEC. 3(i)]
5. Weview of a decision regarding issue of, or refusal to issue, a disability
certificate -
(1) Any applicant for a disability certificate, who is aggrieved by the nature of
a certificate issued to him, or by refusal to issue such a certificate in his
favour, as the case may be, may represent against such a decision to the
medical authority as specified for the purpose by the appropriate
Government:
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
(2) The application for review shall be accompanied by a copy of the
certificate or letter of rejection being appealed against.
(3) On receipt of an applitation for review, the medical authority shall, after
giving the appellant an opportunity of being heard, pass such orders on it
as it may deem appropriate.
(4) An application for review shall, as far as pissible, be disposed of within a
fortnight from the date of its receipt, but in any case, not later than one
month from such date.
6. Certificate issued under rule 4 to be generally valid for all purposes.-
A certificate -issued under. rule 4 shall render a person eligible to apply for
facilities, concessions and benefits admissible under schemes of the Government and of
Non-Governmental Organizations funded by the Government, subject to such conditions
as may be specified in relevant schemes or instructions of Government, etc., as the
case may be." ;
[ %WTI' --43sr-g3(i) vilT1WM-T tR11 14 : 311:1111T1vT iA 21
(iii) for rule 43, the following rules shall be substituted, namely:-
'43. Qualification for appointment of Chief CoMmissioner -
In order to be eligible for the appointment as Chief Commissioner, a person must
satisfy the following conditions, namely:-
(i) he should have special knowledge or practical experience in respect of matters
relating to rehabilitation of persons with disabilities;
(ii) he should not have attained the age of sixty years on the 1 st January of the year'in
which the last date for receipt of applications, as specified in the advertisement
issued under sub-rule(1) of rule 43 A, falls;
(iii) if he is in service under the Central Government or a State Government, he shall
seek retirement from such service before his appointment to the post; and
(iv) he must possess the following educational qualification and experience, namely
(A) Educational qualifications.-
(I) Essential: Graduate from a recognised university.
(ii) Desirable: Recognised degree/diPlorna in Social VVork/ Law/
Management/ Human Rights/ Rehabilitation/ Education of Disabled
Persons.
(B) Experience.-
Should have at least twenty-five years experience in one or more of the ft:lib:ming types
of organizations at specified levels:-
(a) In a Group 'A' level post in Central/State Government /Public 'Sector
Undertaking/Semi Government or Autonomous Bodies dealing with
disability related matters and/or social sector (health/education/poverty
alleviation/ women and child development); or
(b) A senior level functionary in a registered national or international level
voluntary organisation working in the field of disability/social
development; or
22 THEGAZETTEOFINDIA:EXIRAORDINARY /WART 11—Sec. 3 (I)]
(c) Senior Executive position in a leading private sector organisation, involved
in social work and in charge of handling social development activities of
the organization:
Provided that out of the total twenty-five years experience
mentioned above, at least three years of experience in the recent past
should have been in the field of empowerment of persons with disabilities.
43A. Mode of appointment of the Chief Commissioner -
(1) About six months before the post of Chief Commigsioner is due to fall
vacant, an advertisement shall be published in at least two national level
dailies each in English and Hindi inviting applications for the post from
eligible candidates fulfilling the criteria mentioned in rule 43.
(2) A Search-cum-Selection Committee shall be constituted to recommend a
panel of three suitable candidates for the post of the Chief Commissioner.
(3) Composition of the Committee will be governed by relevant instructions
issued by the Department of Personnel and Training from time to time.
(4) The panel recommended by the Committee may consist of persons from
rMongst those who have applied in response to the• advertisement
mentioned in sub-rule (1) above, as well as other 'eligible persons Whom
the Committee may consider suitable.
(5) The Central Guvernment shall appoint one of the candidates
recommended by the Search-cum-Selection Committee as the Chief
Commissioner.
43B. Term of the Chief Commissioner -
(1) The Chief Commissioner shall be appointed on full-time basis for a period
of three years from the date on which he assumes office, or till he attains
the age of sixty-five years, whichever is earlier.
j 711-171-43
Wrd 'MT p4'T : aTRIETRIT
23
(2) A person may serve as Chief Commissioner for a maximum of two terms,
subject to the upper age limit of sixty-five years.
43C. Salary and allowances of the Chief Comihissioner -
(1)
The salary and allowances of the C 1e1f Commissioner shall be the salary
and allowances as admissible to a Se retary to the Government of India.
(2)
Where a Chief Commissioner, being a retired Government Servant or a
retired employee of any institution or autonomous body funded by the
Government, is in receipt of pension in respect of such previous service,
the salary admissible to him under these rules shall be reduced by the
amount of the pension, and if he hi3d received in lieu of a portion of the
pension, the commuted value thereof, by the amount of such commuted
portion of the pension.
43D. Other terms and conditions of service of the Chief Commissioner -
(1) Leave
The Cruet Commissioner shall be entitled to such leave as is admissible to
Government servants under the Central Civil Service (Leave) Rules, 1972.
(2) Leave Travel Concession -
The Chief Commissioner shall be entitled to such Le we Travel Concession
as is admissible to Group 'A' officers under Central Civil Service (LTC)
Rules, 1988.
(3) Medical Benefits -
The Chief Commissioner shall be entitled to such medical benefits as is
admissible to Group 'A' officers under the Central Government Health
Scheme (CGHS).
24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—Sec. 3(01
43E. Resignation and removal —
(1) The Chief Commissioner may, by notice in writing, under his hand,
addressed to the Central Government, resign his post.
(2) The Central Government shall remove a person from the office of the
Chief Commissioner, if he -
(a) becomes an undischarged insolvent;
(b) engages during his term of office in any paid employment or activity
outside the duties of his office;
(c) gets convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government involves moral turpitude;
(d) is in the opinion of the Central Government, unfit to continue in office by
reason of infirmity of mind or body or serious default in the performance
of his functions as laid down in the Act;
(e) without obtaining leave of absence from the Central Government, remains
absent from duty fora consecutive period of 15 days or more; or
(f) has, in the opinion of the Central Government, so abused the position of
the Chief Commissioner as to render his continuance in office detrimental
to thl_t interest of persons with disability:
Provided that no person shall be removed under this rule except
after following the procedure, mutatis mutandis, prescribed for removal of
a Group 'A' employee of the Central Government.
(3) The Central Government may suspend a Chief Commissioner, in respect of
whom proceedings for removal have been commenced in accordance with
sub-rule (2), pending conclusion of such proceedings.
43F. Residuary provision -
Conditions of service of a Chief Commissioner in respect of which no express provision
has been made in these rules shall be determined by the rules and orders for the time
being applicable to a Secretary to the Government of India.";
(iv) after rule 45 and before FORM DPER-I, the following Forms shall be inserted,
namely:-
[ 1347711-131173"3(i) ] %TRW :war : BTATIMIR 25
APPLICATION FOR OBTAINING DISABILITY CERTIFICATE BY PERSONS
WITH DISABILITIES
(See rule i3)
(Surname) (First name) (Middle name)
2. Father's name Mothersname
3. Date of Birth:
(date)) (month) (year)
4. Age at the time of application: years
5. Sex: Male/Female
6. Address :
(a) Permanent address
(c) Period since when residing at current
address
Educational Status (Pl. tick as applicable)
(I) Post Graduate
(II) Graduate
(III) Diploma
(IV) Higher Secondary
(V) High School
(VI) Middle
(VII) Primary
(VIII) Illiterate
8. Occupation
9. Identification marks ( )
10. Nature of disability: locomOtor/hearing/visual/mental/others
11. Period since when disabled: From Birth/Since year
3 GI/1 0--4
1. Name
(b) Current Address (i.e. for communication)
(ii)
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 301
12. (i) Did you ever apply for issue of a disability certificate in the past---- YES/NO
(ii) If yes, details:
(a) Authority to whom and district in which applied
(b) Result of application
13. Have you ever been issued a disability certificate in the past? If yes, please
enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my
knowledge and belief, and no material information has been concealed or misstated. I
further, state that if any inaccuracy is detected in the application, I shall be liable to
forfeiture of any benefits derived and other action as per. Jaw.
•
(Signature or left thumb impression of
person with disability, or of his/her legal
guardian in case of persons with mental
retardation, autism, cerebral palsy and
multiple disabilities)
Date:
Place:
End:
1. Proof of residence (Please tick as applicable)
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the
applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any
gazetted officer, or the concerned Patwari or Head master of a Govt. school,
(i) in case of an inmate of a residential institution for persons with disabilities, destitute,
mentally ill, etc., a certificate of residence from the head of such institution.
2. Two recent passport size photographs
(For office use only)
Date: Signature of issuing authority
Place: Stamp
[ VITTII -7W(13 3(i)] 147-6 W17 : 31111V7Tu1 27
Form-H
Disability Certificate
(In cases of amputation or complete permanent paralysis of limbs
and in cases of blindness)
(See rule 4)
(NAME AND ADDRESS OF THE MEDICAL. AUTHORITY ISSUING THE
CERTIFICATE)
•
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No. Date:
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/wife/drughter of Shri
Date of Birth Age years, male/female
(DD / MM / VY)
Registration No permanent resident of House
No Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that
(A) he/she is a case of:
• locomotor disability
• blindness
(Please tick as applicable)
(B) the diagnosis in his/her case is
Nature of Document Date of Issue Details of authority issuing
certificate .
28 THEGAZE I LOF INDIA: EXTRAORDINARY [PART II-SEC. 3W1
(A) He/ She has 0/0(in figure) percent
(in words) permanent physical impairment/blindness in relation to his/her
(part of body) as per guidelines (to be specified).
1 The applicant has submitted the following document as proof of residence:-
(Signature and Seal of Authorised Signatory of
notified Medical Authority)
Signature/Thumb
impression of the
person in whose
favour disability
certificate is
issued
r WITH -13fv3. 3(i) WiRM1 : 3RTIUTWE 29
Form-III
Disability Certifioate
(In case of multiple diSabilities)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE
(See rule 4)
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No.
Date:
This is to certify that we have carefully examined
Shri/Smt./Kum.
/son/wife/
daughter of Shri
Date of Birth Age years, male/female
(DD) (MM) (YY)
Registration No
permanent resident of 'House ,
No Ward/Village/Street
Post Office District State
whose photograph is affixed above, and are satisfied that:
(A) He/she is a Case of Multiple Disability. His/her extent of permanent physical
impairment/disability has been evaluated as per guidelines (to be specified) for the
disabilities ticked below, and shown against the relevant disability in the table below:
30 THEGAZETTEOF INDIA: EXTRAORDINARY !PART II-SEC.
S.
No.
Disability Affected Part
of Body
Diagnosis Permanent physical
impairment/mental
disability (in WO
1 Locomotor disability @
2 Low vision #
3 Blindness Both Eyes
4 Hearing impairment
5 Mental retardation X
6 Mental-illness X
(B) In the light of the above, his /her over all permanent physical impairment as per
guidelines(to be specified), is as follows:-
In figures:- percent
I In words:- percent
2. This condition is progressive/ non-progressive/ likely to improve/ not likely to
improve.
3. Reassessment of disability is :
(i) not necessary,
Or
(ii) is recommended/ after years
certificate shall be valid till
months, and therefore this
(DD) (MM) (YY)
Name and seal of the —
Chairperson
°MTH --tqu.s 3(k) $4119"C' 41 ,441 : BWITAMIR
31
© e.g. Left/Right/both arms/legs
# e.g. Single eye/both eyes
£ e.g. Left/Right/both ears
4.
The applicant has submitted the following document as proof of residence:-
Details of authority issuing
certificate
Signature and seal of the Medical Autho
Nature of Document
Date of Issue
Name and seal of Member Name and seal of Memoer
Signature/ Thumb
impression of the
person in whose
favour disability
certificate is
issued.
32 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEc. 3(1))
Form-IV
Disability Certificate
(In cases other than those mentioned in Forms II and III)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE)
(See rule 4)
Certificate No. Date.
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/
vile/daughter of Shri
Date of Birth Age years, male/female
(DD) (A4M) (YY)
Registration No. permanent resident of House
No. Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that he/she is a case
of disability. His/her extent of percentage physical
impairment/disability has been evaluated as, per guidelines (to be specified) and is
shown against the relevant disability in the table below:-
Recent PP size
Attested
Photograph
(Showing face
only) of the
person with
disability
grrin-int30) WSW Vrtt .1 •414.1 anaranr.-
. of Body impairment/ mental
DisabHity Affect:se Part Diagnosis Permanent physic&
disability (in %)
Locomotor disability @
,
Ni [I
- Low vision 4
N-1 '
Blindness i Both Eyes
Hearing impairment I £
Mental retardation I 7:
I
I 6 Mental-illness X
(DInzen ctriLet ru el- +In., .4,.....1-.Ins.-- ..A.._s_ are not .. . app e.
2. The above condition is progressive/ non-progressive/ likely to improve/ not likely
to improve.
3. Reassessment of disability is :
(i) not necessary,
(ii) is recommended/ after years months, and therefore this
certificate shall be valid till
(DD) (MM) (VY)
e.g. Left/Right/both arms/legs
e.g. Single eye/both eyes
e.g. Left/Right/both ears
The applicant has submitted the following document as proof of residence:-
EDP !MU : c
Nature of Document Date of issue Detaiis of authority iSi;Lillie
• certifirat.,
(Authorised Sianatorj of notified Medical Authority')
(Name and Sea?)
Countersigned
{Countersignature and seal of the
CMO/Medical Superintendent/Head of
Government Hospital, in case the
certificate is issued by a medical
authority who is not a government
servant (with seal)}
Signature/Thumb
impression of the
person, in whose 1,
favour disability
certificate is issued
Note: In case this certificate is issued by a medical authority who is not a government
servant, it shall be valid only if countersigned by the Chief Medical Officer of the
District."
Note: The principal rules were published in the Gazette of India vide notification
number S.O. 908(E), dated the 31st December, 1996.
triTit4:
ailbn of Rejection of Application for rtificate
(See rule 4)
Dated
(Name and address of applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madam,
Please refer to your application dated for issue of a Disability Certificate for
the following disability:
2. Pursuant to the above application, you , have been examined by the undersigned/
Medical Board on , and I regret to inform that, fa the reasons mentioned
below, it is not possible to issue a disability certificate in your favour
(i)
(ii)
(iii)
3. In case you are aggrieved by the rejection of your application, you may
represent to , requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
o,
ligsCrALETTE Oki INDIL: RAORDENARY
Intimation of Resector of Application for Disability Certificate:::
(See rule 4)
No. Dated
To,
(Name and address applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madan-i,
Please refer to your application dated
the following disability:
for issue of a Disability Certificate for
2. Pursuant to the above application, you have been examined by the undersigned/
Medical Board on , and I regret to inform that, for the reasons mentioned
below, it is not possible to issue a disability certificate in your favour:
3. In case you are • aggrieved by the rejection of your 'application, you may
represent to requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
[F. No. 16-02/2007-DD. III]
Dr. ARBIND PRASAD, Jt. Secy.
Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the. Controller of Publications, Delhi-110054.
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****
North Block, New Delhi
Dated the 29th November, 2013
OFFICE MEMORANDUM
Sub: Reservation for Persons with Disabilities-revised forms for Disability Certificates.
The undersigned is directed to refer to this Department's O.M. No. 36035/3/2004-
Estt.(Res) dated 29.12.2005 circulating consolidated instructions relating to Reservation for the
Persons with Disabilities.
2.
Ministry of Social Justice and Empowerment vide their Notification No. G.S.R. 2 (E)
dated 30.12.2009 has issued rules to amend the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said
Notification dated 30.12.2009 have prescribed various Forms of Disability Certificate.
3. Keeping in view the amended Rules for Disability Certificates issued by the Ministry of
Social Justice and Empowerment vide Notification dated 30.12.2009, paras 9, 10 and 11 of this
Department's O.M. No. 36035/3/2004-Est(Res) dated 29.12.2005 relating to issue of Disability
Certificate stands withdrawn.
4. All the Ministries/Departments are now requested to comply with the instructions
contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social
Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 ,12.2009 (copy enclosed for
ready reference).
5. All the Ministries/Deparunents are also requested to h. cag the above instructions to the
notice of all k pointing authorities under their control.
Encl.• As above
6111-
(G. Srimvasan)
Deputy Secretary to the Govt. of India
Tee: 2309 3074
1. All Ministries/Departments of the Govt. of India.
2. Railway Board
3. Supreme Court of India/Election Corrunission/Lok Sabha Secretariat/RajYa Sabha
Secretariat/Cabinet Secretariat/Central Vigilance Commission/President's Secretariat/
Prime Minister's Office, Planning Commission.
4. Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi.
5. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
6. Office of the Chief Commissioner for Persons with Disabilities, Sarojini House, 6,
Bhagwan Das Road, New Delhi.
7. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
8. All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions
and attached/subordinate officers of this Ministry.
9. In rmation and Facilitation Centre, Department of Personnel and Training, Nor! , Block,
ew Delhi.
0 IC, DoPT, North Block — for uploading the O.M. on the website in OMs & Orders>>
Estt(Reservation)>>Persons with Disabilities.
C %MITI -13111X3(1) ] WO' il0P-11( : 3ffiltMuT 17
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NOTIFICATION
New Delhi, the 30th December, 2009
G.S.R. 2 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of
Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules
to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996, namely :—
1. (1) These rules may be called the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Amendment
Rules, 2009.
(2) They shall come into force from the date of their publication bathe Official
Gazette.
2. In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
tarticipation) Rules, 1996, -
(I) for rule 2 , the following rule shall be substituted, namely:-
"2. Definitions.-
(1) In these rules unless the context otherwise requires,—
(a) "Act" means the Person$ with Disabilities (Equal Opportunities,
Protection of Rights and hill Participation) Ad, 1995 (1 of 1996);
3 GI/10-3
18 THEGAZETTE OF INDIA: EXTRAORDINARY 'PART II-SEC. Mill
(b) "certificate" or "disability certificate" means a certificate
issued in pursuance of clause (t) of section 2 of the Act;
(c) "multiple disabilities" means a combination of two or more
disabilities as defined in clause (i) of section 2 of the Act;
(d) "Form" means a form appended to these rules.
(2) Words and expressions defined in the Act but not defined in
these rules, shall have the meanings respectively assigned to
them in the Act";
(ii) for CHAPTER II, the following Chapter shall be substituted, namely :-
"CHAPTER II
DISABILITY CERTIFICATE
3. Application for issue of disability certificate -
(1) A person with disability desirous of jetting a certificate in his favour shall
submit an application in Form I, ;;nd the application shall be accompanied
by -
(a) proof of residence, and
(b) two recent passport size photographs.
(2) The application shall be submitted to -
(i) a medical authority competent to issue such a certificate in the district
of the applicant's residence as mentioned in the proof of residence
submitted by him with the application, or
(ii) the concerned medical authority in a government hospital where he
may be undergoing or may have undergone treatment in connection
with his disability :
[ WPTII —7311333(i) Wifff Wr n/: cot : affffUlTaT h 19
1
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
4. Issue of disability certificate -
(1) On receipt of an application under rule 3, the medical authority shall, after
satisfying himself that the applicant is a person with disability as defined
in sub-clause (t) of section 2 of the Act, issue a disability certificate in his
favour in Form II, Form III or Form IV as applicable.
(2) The certificate shall be issued as far as possible, within a week from the
date of receipt of the application by the medical authority, but in any
case, not later than one month from such date.
(3) The medical authority shall, after due examination,
give a permanent disability certificate in cases where there are no
chances of variation, over time, in the degree of disability, and
(ii) shall indicate the period of validity in the certificate, in cases where
there is any chance of variation, over time, in the degree of
disability.
(4) If an applicant is found ineligible for issue of disability certificate; the
medical authority shall explain to him the reasons for rejection of his
application, and shall also convey the reasons to him in writing.
(5) A copy of every disability certificate issued under these rules by. a medical
authority other than the Chief Medical Officer shall be simultaneously sent
by such medical authority to the Chief Medical Officer of the District.
et) 20 THEGAZETTEOFINDIA: EXTRAORDINARY [PART II—SEC. 3(i)]
5. Weview of a decision regarding issue of, or refusal to issue, a disability
certificate -
(1) Any applicant for a disability certificate, who is aggrieved by the nature of
a certificate issued to him, or by refusal to issue such a certificate in his
favour, as the case may be, may represent against such a decision to the
medical authority as specified for the purpose by the appropriate
Government:
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
(2) The application for review shall be accompanied by a copy of the
certificate or letter of rejection being appealed against.
(3) On receipt of an applitation for review, the medical authority shall, after
giving the appellant an opportunity of being heard, pass such orders on it
as it may deem appropriate.
(4) An application for review shall, as far as pissible, be disposed of within a
fortnight from the date of its receipt, but in any case, not later than one
month from such date.
6. Certificate issued under rule 4 to be generally valid for all purposes.-
A certificate -issued under. rule 4 shall render a person eligible to apply for
facilities, concessions and benefits admissible under schemes of the Government and of
Non-Governmental Organizations funded by the Government, subject to such conditions
as may be specified in relevant schemes or instructions of Government, etc., as the
case may be." ;
[ %WTI' --43sr-g3(i) vilT1WM-T tR11 14 : 311:1111T1vT iA 21
(iii) for rule 43, the following rules shall be substituted, namely:-
'43. Qualification for appointment of Chief CoMmissioner -
In order to be eligible for the appointment as Chief Commissioner, a person must
satisfy the following conditions, namely:-
(i) he should have special knowledge or practical experience in respect of matters
relating to rehabilitation of persons with disabilities;
(ii) he should not have attained the age of sixty years on the 1 st January of the year'in
which the last date for receipt of applications, as specified in the advertisement
issued under sub-rule(1) of rule 43 A, falls;
(iii) if he is in service under the Central Government or a State Government, he shall
seek retirement from such service before his appointment to the post; and
(iv) he must possess the following educational qualification and experience, namely
(A) Educational qualifications.-
(I) Essential: Graduate from a recognised university.
(ii) Desirable: Recognised degree/diPlorna in Social VVork/ Law/
Management/ Human Rights/ Rehabilitation/ Education of Disabled
Persons.
(B) Experience.-
Should have at least twenty-five years experience in one or more of the ft:lib:ming types
of organizations at specified levels:-
(a) In a Group 'A' level post in Central/State Government /Public 'Sector
Undertaking/Semi Government or Autonomous Bodies dealing with
disability related matters and/or social sector (health/education/poverty
alleviation/ women and child development); or
(b) A senior level functionary in a registered national or international level
voluntary organisation working in the field of disability/social
development; or
22 THEGAZETTEOFINDIA:EXIRAORDINARY /WART 11—Sec. 3 (I)]
(c) Senior Executive position in a leading private sector organisation, involved
in social work and in charge of handling social development activities of
the organization:
Provided that out of the total twenty-five years experience
mentioned above, at least three years of experience in the recent past
should have been in the field of empowerment of persons with disabilities.
43A. Mode of appointment of the Chief Commissioner -
(1) About six months before the post of Chief Commigsioner is due to fall
vacant, an advertisement shall be published in at least two national level
dailies each in English and Hindi inviting applications for the post from
eligible candidates fulfilling the criteria mentioned in rule 43.
(2) A Search-cum-Selection Committee shall be constituted to recommend a
panel of three suitable candidates for the post of the Chief Commissioner.
(3) Composition of the Committee will be governed by relevant instructions
issued by the Department of Personnel and Training from time to time.
(4) The panel recommended by the Committee may consist of persons from
rMongst those who have applied in response to the• advertisement
mentioned in sub-rule (1) above, as well as other 'eligible persons Whom
the Committee may consider suitable.
(5) The Central Guvernment shall appoint one of the candidates
recommended by the Search-cum-Selection Committee as the Chief
Commissioner.
43B. Term of the Chief Commissioner -
(1) The Chief Commissioner shall be appointed on full-time basis for a period
of three years from the date on which he assumes office, or till he attains
the age of sixty-five years, whichever is earlier.
j 711-171-43
Wrd 'MT p4'T : aTRIETRIT
23
(2) A person may serve as Chief Commissioner for a maximum of two terms,
subject to the upper age limit of sixty-five years.
43C. Salary and allowances of the Chief Comihissioner -
(1)
The salary and allowances of the C 1e1f Commissioner shall be the salary
and allowances as admissible to a Se retary to the Government of India.
(2)
Where a Chief Commissioner, being a retired Government Servant or a
retired employee of any institution or autonomous body funded by the
Government, is in receipt of pension in respect of such previous service,
the salary admissible to him under these rules shall be reduced by the
amount of the pension, and if he hi3d received in lieu of a portion of the
pension, the commuted value thereof, by the amount of such commuted
portion of the pension.
43D. Other terms and conditions of service of the Chief Commissioner -
(1) Leave
The Cruet Commissioner shall be entitled to such leave as is admissible to
Government servants under the Central Civil Service (Leave) Rules, 1972.
(2) Leave Travel Concession -
The Chief Commissioner shall be entitled to such Le we Travel Concession
as is admissible to Group 'A' officers under Central Civil Service (LTC)
Rules, 1988.
(3) Medical Benefits -
The Chief Commissioner shall be entitled to such medical benefits as is
admissible to Group 'A' officers under the Central Government Health
Scheme (CGHS).
24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—Sec. 3(01
43E. Resignation and removal —
(1) The Chief Commissioner may, by notice in writing, under his hand,
addressed to the Central Government, resign his post.
(2) The Central Government shall remove a person from the office of the
Chief Commissioner, if he -
(a) becomes an undischarged insolvent;
(b) engages during his term of office in any paid employment or activity
outside the duties of his office;
(c) gets convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government involves moral turpitude;
(d) is in the opinion of the Central Government, unfit to continue in office by
reason of infirmity of mind or body or serious default in the performance
of his functions as laid down in the Act;
(e) without obtaining leave of absence from the Central Government, remains
absent from duty fora consecutive period of 15 days or more; or
(f) has, in the opinion of the Central Government, so abused the position of
the Chief Commissioner as to render his continuance in office detrimental
to thl_t interest of persons with disability:
Provided that no person shall be removed under this rule except
after following the procedure, mutatis mutandis, prescribed for removal of
a Group 'A' employee of the Central Government.
(3) The Central Government may suspend a Chief Commissioner, in respect of
whom proceedings for removal have been commenced in accordance with
sub-rule (2), pending conclusion of such proceedings.
43F. Residuary provision -
Conditions of service of a Chief Commissioner in respect of which no express provision
has been made in these rules shall be determined by the rules and orders for the time
being applicable to a Secretary to the Government of India.";
(iv) after rule 45 and before FORM DPER-I, the following Forms shall be inserted,
namely:-
[ 1347711-131173"3(i) ] %TRW :war : BTATIMIR 25
APPLICATION FOR OBTAINING DISABILITY CERTIFICATE BY PERSONS
WITH DISABILITIES
(See rule i3)
(Surname) (First name) (Middle name)
2. Father's name Mothersname
3. Date of Birth:
(date)) (month) (year)
4. Age at the time of application: years
5. Sex: Male/Female
6. Address :
(a) Permanent address
(c) Period since when residing at current
address
Educational Status (Pl. tick as applicable)
(I) Post Graduate
(II) Graduate
(III) Diploma
(IV) Higher Secondary
(V) High School
(VI) Middle
(VII) Primary
(VIII) Illiterate
8. Occupation
9. Identification marks ( )
10. Nature of disability: locomOtor/hearing/visual/mental/others
11. Period since when disabled: From Birth/Since year
3 GI/1 0--4
1. Name
(b) Current Address (i.e. for communication)
(ii)
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 301
12. (i) Did you ever apply for issue of a disability certificate in the past---- YES/NO
(ii) If yes, details:
(a) Authority to whom and district in which applied
(b) Result of application
13. Have you ever been issued a disability certificate in the past? If yes, please
enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my
knowledge and belief, and no material information has been concealed or misstated. I
further, state that if any inaccuracy is detected in the application, I shall be liable to
forfeiture of any benefits derived and other action as per. Jaw.
•
(Signature or left thumb impression of
person with disability, or of his/her legal
guardian in case of persons with mental
retardation, autism, cerebral palsy and
multiple disabilities)
Date:
Place:
End:
1. Proof of residence (Please tick as applicable)
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the
applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any
gazetted officer, or the concerned Patwari or Head master of a Govt. school,
(i) in case of an inmate of a residential institution for persons with disabilities, destitute,
mentally ill, etc., a certificate of residence from the head of such institution.
2. Two recent passport size photographs
(For office use only)
Date: Signature of issuing authority
Place: Stamp
[ VITTII -7W(13 3(i)] 147-6 W17 : 31111V7Tu1 27
Form-H
Disability Certificate
(In cases of amputation or complete permanent paralysis of limbs
and in cases of blindness)
(See rule 4)
(NAME AND ADDRESS OF THE MEDICAL. AUTHORITY ISSUING THE
CERTIFICATE)
•
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No. Date:
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/wife/drughter of Shri
Date of Birth Age years, male/female
(DD / MM / VY)
Registration No permanent resident of House
No Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that
(A) he/she is a case of:
• locomotor disability
• blindness
(Please tick as applicable)
(B) the diagnosis in his/her case is
Nature of Document Date of Issue Details of authority issuing
certificate .
28 THEGAZE I LOF INDIA: EXTRAORDINARY [PART II-SEC. 3W1
(A) He/ She has 0/0(in figure) percent
(in words) permanent physical impairment/blindness in relation to his/her
(part of body) as per guidelines (to be specified).
1 The applicant has submitted the following document as proof of residence:-
(Signature and Seal of Authorised Signatory of
notified Medical Authority)
Signature/Thumb
impression of the
person in whose
favour disability
certificate is
issued
r WITH -13fv3. 3(i) WiRM1 : 3RTIUTWE 29
Form-III
Disability Certifioate
(In case of multiple diSabilities)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE
(See rule 4)
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No.
Date:
This is to certify that we have carefully examined
Shri/Smt./Kum.
/son/wife/
daughter of Shri
Date of Birth Age years, male/female
(DD) (MM) (YY)
Registration No
permanent resident of 'House ,
No Ward/Village/Street
Post Office District State
whose photograph is affixed above, and are satisfied that:
(A) He/she is a Case of Multiple Disability. His/her extent of permanent physical
impairment/disability has been evaluated as per guidelines (to be specified) for the
disabilities ticked below, and shown against the relevant disability in the table below:
30 THEGAZETTEOF INDIA: EXTRAORDINARY !PART II-SEC.
S.
No.
Disability Affected Part
of Body
Diagnosis Permanent physical
impairment/mental
disability (in WO
1 Locomotor disability @
2 Low vision #
3 Blindness Both Eyes
4 Hearing impairment
5 Mental retardation X
6 Mental-illness X
(B) In the light of the above, his /her over all permanent physical impairment as per
guidelines(to be specified), is as follows:-
In figures:- percent
I In words:- percent
2. This condition is progressive/ non-progressive/ likely to improve/ not likely to
improve.
3. Reassessment of disability is :
(i) not necessary,
Or
(ii) is recommended/ after years
certificate shall be valid till
months, and therefore this
(DD) (MM) (YY)
Name and seal of the —
Chairperson
°MTH --tqu.s 3(k) $4119"C' 41 ,441 : BWITAMIR
31
© e.g. Left/Right/both arms/legs
# e.g. Single eye/both eyes
£ e.g. Left/Right/both ears
4.
The applicant has submitted the following document as proof of residence:-
Details of authority issuing
certificate
Signature and seal of the Medical Autho
Nature of Document
Date of Issue
Name and seal of Member Name and seal of Memoer
Signature/ Thumb
impression of the
person in whose
favour disability
certificate is
issued.
32 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEc. 3(1))
Form-IV
Disability Certificate
(In cases other than those mentioned in Forms II and III)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE)
(See rule 4)
Certificate No. Date.
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/
vile/daughter of Shri
Date of Birth Age years, male/female
(DD) (A4M) (YY)
Registration No. permanent resident of House
No. Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that he/she is a case
of disability. His/her extent of percentage physical
impairment/disability has been evaluated as, per guidelines (to be specified) and is
shown against the relevant disability in the table below:-
Recent PP size
Attested
Photograph
(Showing face
only) of the
person with
disability
grrin-int30) WSW Vrtt .1 •414.1 anaranr.-
. of Body impairment/ mental
DisabHity Affect:se Part Diagnosis Permanent physic&
disability (in %)
Locomotor disability @
,
Ni [I
- Low vision 4
N-1 '
Blindness i Both Eyes
Hearing impairment I £
Mental retardation I 7:
I
I 6 Mental-illness X
(DInzen ctriLet ru el- +In., .4,.....1-.Ins.-- ..A.._s_ are not .. . app e.
2. The above condition is progressive/ non-progressive/ likely to improve/ not likely
to improve.
3. Reassessment of disability is :
(i) not necessary,
(ii) is recommended/ after years months, and therefore this
certificate shall be valid till
(DD) (MM) (VY)
e.g. Left/Right/both arms/legs
e.g. Single eye/both eyes
e.g. Left/Right/both ears
The applicant has submitted the following document as proof of residence:-
EDP !MU : c
Nature of Document Date of issue Detaiis of authority iSi;Lillie
• certifirat.,
(Authorised Sianatorj of notified Medical Authority')
(Name and Sea?)
Countersigned
{Countersignature and seal of the
CMO/Medical Superintendent/Head of
Government Hospital, in case the
certificate is issued by a medical
authority who is not a government
servant (with seal)}
Signature/Thumb
impression of the
person, in whose 1,
favour disability
certificate is issued
Note: In case this certificate is issued by a medical authority who is not a government
servant, it shall be valid only if countersigned by the Chief Medical Officer of the
District."
Note: The principal rules were published in the Gazette of India vide notification
number S.O. 908(E), dated the 31st December, 1996.
triTit4:
ailbn of Rejection of Application for rtificate
(See rule 4)
Dated
(Name and address of applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madam,
Please refer to your application dated for issue of a Disability Certificate for
the following disability:
2. Pursuant to the above application, you , have been examined by the undersigned/
Medical Board on , and I regret to inform that, fa the reasons mentioned
below, it is not possible to issue a disability certificate in your favour
(i)
(ii)
(iii)
3. In case you are aggrieved by the rejection of your application, you may
represent to , requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
o,
ligsCrALETTE Oki INDIL: RAORDENARY
Intimation of Resector of Application for Disability Certificate:::
(See rule 4)
No. Dated
To,
(Name and address applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madan-i,
Please refer to your application dated
the following disability:
for issue of a Disability Certificate for
2. Pursuant to the above application, you have been examined by the undersigned/
Medical Board on , and I regret to inform that, for the reasons mentioned
below, it is not possible to issue a disability certificate in your favour:
3. In case you are • aggrieved by the rejection of your 'application, you may
represent to requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
[F. No. 16-02/2007-DD. III]
Dr. ARBIND PRASAD, Jt. Secy.
Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the. Controller of Publications, Delhi-110054.
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