Skip to content

CHAPTER 17 – MISCELLANEOUS

96. Application of other laws not barred

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

97. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the appropriate Government or any officer of the appropriate Government or any officer or employee of the Chief Commissioner or the State Commissioner for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

98. Power to remove Difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament.

99. Power to amend Schedule

(1) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to have been amended accordingly.
(2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament.

100. Power of Central Government to make rules

(1) The Central Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6;
(b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21;
(c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22;
(d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23;
(e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36;
(f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38;
(g) rules for person with disabilites laying down the standards of accessibility under section 40;
(h) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 58;
(i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61;
(j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64;
(k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74;
(l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74;
(m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74;
(n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78;
(o) the procedure, manner of utilisation and management of the Fund under sub-section (2) of section 86; and
(p) the form for preparation of accounts of Fund under sub-section (1) of section 87.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

101. Power of State Government to make rules

(1) The State Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act, not later than six months from the date of commencement of this Act.
(2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner of constituting the Committee for Research on Disablity under sub-section (2) of section 5;
(b) the manner of providing support of a limited guardian under sub-section (1) of section 14;
(c) the form and manner of making an application for certificate of registration under sub-section (1) of section 51;
(d) the facilities to be provided and standards to be met by institutions for grant of certificate of registration under sub-section (3) of section 51;
(e) the validity of certificate of registration, the form of, and conditions attached to, certificate of registration under sub-section (4) of section 51;
(f) the period of disposal of application for certificate of registration under sub-section (7) of section 51;
(g) the period within which an appeal to be made under sub-section (1) of section 53;
(h) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59;
(i) the allowances to be paid to nominated Members of the State Advisory Board under sub-section (6) of section 67;
(j) the rules of procedure for transaction of business in the meetings of the State Advisory Board under section 70;
(k) the composition and functions of District Level Committee under section 72;
(l) salaries, allowances and other conditions of services of the State Commissioner under sub-section (3) of section 79;
(m) the salaries, allowances and conditions of services of officers and staff of the State Commissioner under sub-section (3) of section 79;
(n) the composition and manner of appointment of experts in the advisory committee under sub-section (7) of section 79;
(o) the form, manner and content of annual and special reports to be prepared and submitted by the State Commissioner under sub-section (3) of section 83;
(p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of section 85;
(q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), and the manner of utilisation and management of State Fund under sub-section (2) of section 88;
(r) the form for preparation of accounts of the State Fund for persons with disabilities under sub-section (3) of section 88.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.

102. Repeal and savings

(1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 is hereby repealed.
(2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.

Go to Previous Chapter

Go to The Schedule Specified Disability