These-rules-may-be-called-the-Rights-of-Persons-with-Disabilities-(Amendment)-Rules-,-2023-Karma-Global

These rules may be called the Rights of Persons with Disabilities (Amendment) Rules, 2023

 

Contents News/Article Date: 5th June 2023

Relating to which Act: “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” has come into enforcement on February 7, 1996; Rights of Persons with Disabilities Act, 2016, The Rights of Persons with Disabilities Amendment Rules 2023

Penalty under the Act: CHAPTER XVI OFFENCES AND PENALTIES

  1. Punishment for contravention of provisions of Act or rules or regulations made thereunder.

Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.

 

  1. Offences by companies.

(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. For the purposes of this section,

(a) “company” means anybody corporate and includes a firm or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

Applicable to which State: Whole of India

Type: Ministry of Social, Justice & Empowerment (Department of Empowerment of Persons with Disabilities) Notification No. GSR 413 (E) issued by Joint Secretary

Pertains to : “care-giver” means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability; establishment” includes a Government establishment and private establishment; “institution” means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities; person with disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others;                                           

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And in this instance: The Rights of Persons with Disabilities Bill, 2014 was introduced into the Parliament on 7 February 2014 and passed by the Lok Sabha on 14 December 2016. The Bill was passed by the Rajya Sabha on 16 December 2016 and received the President’s assent on 27 December 2016. [3] The Act become operational on 19 April 2017. The Central Government rules 2017 have been notified under Section 100 of the Act and have come into force with effect from 15 June 2017.

In exercise of the powers conferred by sub section (1) and sub section (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (No. 49 of 2016) the CENTRAL GOVERNMENT hereby makes the following rules relating to the rights and benefits of persons with disabilities further to amend the Rights of Persons with Disabilities Rules 2017

In the Rights of Persons with Disabilities Rules, 2017, in rule (15), in sub-rule (1), for clause (a), the following clause shall be substituted, namely: –

“(a) standard for public buildings as specified in the Harmonised Guidelines and Standards for Universal Accessibility in India – 2021, notified by the Government of India in the Ministry of Housing and Urban Affairs, vide notification number O-17/4/2022-works-3-UD dated the 18th October, 2022, as amended from time to time

Subject: These rules may be called the Rights of Persons with Disabilities (Amendment) Rules, 2023.

 

Attached is the notification

These-rules-may-be-called-the-Rights-of-Persons-with-Disabilities-(Amendment)-Rules-,-2023

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