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 MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

[Department of Empowerment of Persons with Disabilities (Divyangjan)]

NOTIFICATION

New Delhi, the 15th June, 2017

G.S.R. 591(E).—Whereas a draft of the Rights of Persons with Disabilities Rules, 2017 was published as required by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide number G.S.R. 398 (E), dated the 21st April, 2017, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas the copies of the Official Gazette in which the said notification was published were made available to the public on the 22nd April, 2017;

And whereas objections and suggestions received from the public on the said draft rules were considered by the Central Government;

Now, therefore, in exercise of powers conferred by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Central Government hereby makes the following rules, namely:

CHAPTER-I

PRELIMINARY

-(1) These rules may be called the Rights of Persons with Disabilities Rules, 2017.

They extend to the whole of India.

They shall come into force from the date of their publication in the Official Gazette.

-(1) In these rules, unless the context otherwise requires,

"Act" means the Rights of Persons with Disabilities Act, 2016 (49 of 2016);

"certificate" means a certificate of disability issued under section 57 of the Act;

"Form" means a form appended to these rules.

Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

{{anchor+|3.1|'''3. Establishment not to discriminate on the ground of disability.'''-(1) The head of the establishment shall ensure that the provision of sub-section (3) of section 3 of the Act are not misused to deny any right or benefit to persons with disabilities covered under the Act.

{{anchor|3.2|(2) If the head of the Government establishment or a private establishment employing twenty or more persons receives a complaint from an aggrieved persons regarding discrimination on the ground of disability, he shall

{{anchor|3.2.a|(a)}} initiate action in accordance with the provisions of the Act; or

{{Anchor|3.2.b|(b)}} inform the aggrieved person in writing as to how the impugned act or omission is a proportionate means of achieving a legitimate aim.

{{anchor|3.3|(3)}} If the aggrieved person submits a complaint to the Chief Commissioner or State Commissioner for Persons with Disabilities, as the case may be, the complaint shall be disposed of within a period of sixty days:

Provided that in exceptional cases, the Chief Commissioner or State Commissioner may dispose of such complaint within thirty days.

{{anchor|3.4|(4) No establishment shall compel a person with disability to partly or fully pay the costs incurred for reasonable accommodation. {{nop}}