proposed amendments to the rpwd bill

Proposed amendments to the RPwD Bill, 2014

S.No.

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Clause2(q)-

Clause2(j)-

Clause2(v)-

Clause12-LegalCapacity

Clause13-Provisionforguardianship

ProposedclausebytheMinistry

'Personswithdisability'meansapersonwith long term physical, mental,intellectual,orsensory impairmentwhichin interaction with barriersin theenvironment, hinder his/her full andeffectiveparticipation insociety onanequalbasiswithothers

Highsupport'meansanintensivesupport,physical, psychological and otherwise,whichmayberequiredbyapersonwithbenchmarkdisability fordaily activities,to take independent and informeddecision, to access facilitiesandparticipatinginall areasof lifeincludingeducation, employment, family andcommunitylifeandtreatmentandtherapy

'Rehabilitation' referstoaprocessaimedat enablingpersonswithdisabilitiestoattain and maintain optimal physical,sensory, intellectual, psychological, orsocial functionlevels

12(1) TheappropriateGovernment shallensurethat thepersonswithdisabilitiesenjoylegal capacityonanequalbasiswithothersinall aspectsof lifeandhavetheright toequal recognitioneverywhereasanyotherpersonbeforethelaw.

1.Notwithstandinganythingcontainedinanyother lawforthetimebeinginforce,onandfromthedateofcommencementofthisact,whereadistrict court or anydesignatedauthority,asnotifiedbytheStateGovernment,findsthat apersonwithdisability,whohadbeenprovided,adequateandappropriatesupport but isunabletotakelegallybindingdecisions,

S.No. Proposed clause by the Ministry

may be provided further support of alimited guardian to take legally bindingdecisions on his/her behalf in consultationwith such person, in such manner, as

may be prescribed by the StateGovernment.

Explanation - For the purposes of thissection -

(i) limited guardianship" means a systemof joint decision which operates on mutualunderstanding and trust between theguardian and the person with disability.The limited guardianship would be timelimited and for specific decisions andsituations and would work in accordanceto the will of the person:

Provided that the District Court or anyother designated authority may granttotal support to the person withdisability requiring such support orwhen the limited guardianship has tobe granted repeatedly. The decisionregarding the support to be providedwould be reviewed by the designatedauthority to determine the nature andmanner of support to be provided.

(2). On and from the date ofcommencement of this Act, every plenaryguardian appointed under any provision ofany law for persons with disabilities shallbe deemed to function as limited guardian.

(3) The person with disability shall havethe right to appeal this decision ofappointment of a legal guardian before anappellate authority as appointed by the

State Government for the purpose.

S.No.

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Clause2

(a) issueacertificateof disability tosuchperson,insuchformasmaybeprescribed by theCentralGovernment;

(b) informhiminwritingthathehasnospecifieddisability.

No person with disability shall bediscriminatedonthegroundofdisability,unlessitisshownthattheimpugnedactoromission isappropriateto achievealegitimateaim.


section(1)of section52andsubsection(1) of section58,asthecasemaybe;

(3)Thecertificatesoissuedwill bevalidacrossthecountry

3(5) TheappropriateGovernment shalltakenecessarystepstoensurereasonableaccommodation for persons withdisabilities.

S.No. Proposed clause by the Ministry

9. Clause 15- Duty of educationalinstitutions

The appropriate Government and the localauthorities shall endeavour that alleducational institutions funded by themprovide inclusive education to thechildren with disabilities and towards thatend shall,-

(i) admit them without discriminationand provide education andopportunities for sports andrecreation activities equally withothers;

(ii) make building, campus and variousfacilities accessible;

(iii) provide reasonable accommodationaccording to the individual'srequirements;

(iv) provide necessary supportindividualized or otherwise inenvironments that maximizeacademic and social developmentconsistent with the goal of fullinclusion;

(v) ensure that the education to personswho are blind or deaf or both isimparted in the most appropriatelanguages and modes and means ofcommunication;

(vi) detect specific learning disabilitiesin children at the earliest, and takesuitable pedagogical and othermeasures to overcome them;

(vii) monitor participation, progress interms of attainment levels andcompletion of education in respect ofevery student with disability;

(viii) provide transportation facilities tothe children with disability and alsothe attendant of the children withdisabilities having high supportneeds.

The appropriate Government and the localauthorities shall endeavor that alleducational institutions funded orrecognized by them provide inclusiveeducation to children with disabilities andtowards that end shall, -(i) admit them without discrimination andprovide education and opportunities forsports and recreation activities equallywith others;(iii)make building, campus and various

facilities accessible;(iii) provide reasonable accommodation

according to the individual'srequirements;

(iv) provide necessary supportindividualized or otherwise inenvironments that maximizeacademic and social developmentconsistent with the goal of fullinclusion;

(v) ensure that the education to personswho are blind or deaf or both isimparted in the most appropriatelanguages and modes and means ofcommunication;

(vi) detect specific learning disabilitiesin children at the earliest, and takesuitable pedagogical and othermeasures to overcome them;

(vii) monitor participation, progress interms of attainment levels andcompletion of education in respect ofevery student with disability;

(viii) provide transportation facilities tothe children with disability and alsothe attendant of the children withdisabilities having high supportneeds.

S.No.

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Clause32-Identificationofpostforreservation

Clause33-Reservation


(iii) undertakeperiodic review of theidentified postsat an interval notexceedingthreeyears.

ProvidedthattheNational CommissionortheStateCommissionfor personswith

S.No.

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Clause76- Removal of ChairpersonandMembers.

Clause89- Removal of ChairpersonandMembers.


(3)TheappropriateGovernmentshall,by notification, providerelaxationofupper agelimit for employment ofpersonswithbenchmarkdisability inaccordancewiththeinstructionsissuedbythatGovernmentfromtimetotime.

(c) isof unsoundmindandstandssodeclaredbyacompetentcourt,or

S.No.

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Clause 114. Power of CentralGovernmenttomakerules.

S.No.1oftheSchedule

S.No.11oftheSchedule

Clause39.


(c) isof unsoundmindandstandssodeclaredbyacompetentcourt,or

(2)(b) themannerofprovidingsupportoflimitedguardianundersub-section(1)ofsection13.

"AutismSpectrumDisorder" meansaneuro-developmental conditiontypicallyappearinginthefirstthreeyearsof lifethatsignificantlyaffectsaperson'sability tocommunicate,understandrelationshipsandrelateto others, and is frequentlyassociated with unusual orstereotypical ritualsorbehaviours.

Thedefinition of low vision to benotifiedbytheCentralGovernment.

The National Commission shall,formulateandenforceregulationsforthepersonswithdisabilitieslayingdownthestandardsofaccessibility forthephysicalenvironment, transportation, information

and communications, includingappropriatetechnologiesandsystems,andotherfacilitiesandservicesprovidedtothepublicinurbanandruralareas.

proposed amendments to the rpwd bill

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