Thursday, November 10, 2011

State government amends Persons with Disabilities Rules, 2001

GANGTOK, 08 Nov: The state government effected some amendments in the Persons with Disabilities (Equal Opportunities, Protection of Rights and   Full Participation) Rules, 2001, with the amended section connected with application of Disability Certificate by those who are disability and on the mode of appointment of the State Commissioner of Persons with Disabilities and procedures to be followed by him.
Any Persons with disability desirous of getting a certificate in his favour shall submit an application in Form 1, which is the application form. This application form is to be accompanied by proof of residence and passport photos. Such an application is to be issued to a medical authority competent to issue such certificate in the district of the applicants residence. In the alternative the medical authority may be the concerned medical authority in a government hospital.
A disability certificate is to be issued by the medical authority only after due examination; he may give a permanent disability certificate in cases where there are no chances of variation, over time, in the degree of disability and
shall indicate the period validity in the certificate, in cases where there is any chance of variation, over time, in the degree of disability.
The amended rules further state that 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 for rejection to him in writing.
A certificate issued will make the disabled person eligible to apply for facilities, concessions and benefits admissible under schemes of the government and non government organizations funded by the government.
The amended rules also concern the qualifications of the State Commissioner which, apart from others, requires such a candidate to have special knowledge or practical experience in matters relating to rehabilitation of disabled persons and that he should not have attained the age of 60 years. Furthermore such a person should also have at least 25 years relevant experience. 
The State Commissioner is also required to submit to the government an annual report after the end of the financial year but not later than 30 September. Apart from including a complete account of activities the report is also to include his recommendations and progress made in the implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act.

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