1. Short title and commencement. - (1) This Act may be called the Rights of Persons with Disabilities Act, 2016.
(2) It shall come
into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions. - In this Act, unless the context
otherwise requires,-
(a) "appellate
authority" means an authority notified under sub-section (3)
of section 14 or sub-section (1) of section 53 or designated under sub-section
(1) of section 59, as the case may be;
(b) "appropriate
Government" means,-
(i) in relation to the Central Government or any establishment
wholly or substantially financed by that Government, or a Cantonment Board
constituted under the Cantonments Act, 2006, the Central Government;
(ii) in relation to a State Government or any establishment,
wholly or substantially financed by that Government, or any local authority,
other than a Cantonment Board, the State Government.
(c) "barrier" means
any factor including communicational, cultural, economic, environmental,
institutional, political, social, attitudinal or structural factors which
hampers the full and effective participation of persons with disabilities in
society;
(d) "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;
(e) "certifying
authority" means an authority designated under sub-section (1)
of section 57;
(f) "communication" includes
means and formats of communication, languages, display of text, Braille,
tactile communication, signs, large print, accessible multimedia, written,
audio, video, visual displays, sign language, plain-language, human-reader,
augmentative and alternative modes and accessible information and communication
technology;
(g) "competent
authority" means an authority appointed under section 49;
(h) "discrimination" in
relation to disability, means any distinction, exclusion, restriction on the
basis of disability which is the purpose or effect of impairing or nullifying
the recognition, enjoyment or exercise on an equal basis with others of all
human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field and includes all forms of discrimination and
denial of reasonable accommodation;
(i) "establishment" includes
a Government establishment and private establishment;
(j) "Fund" means
the National Fund constituted under section 86;
(k) "Government
establishment" means a corporation established by or under a
Central Act or State Act or an authority or a body owned or controlled or aided
by the Government or a local authority or a Government company as defined in
section 2 of the Companies Act, 2013 and includes a Department of the
Government;
(l) "high
support" means an intensive support, physical, psychological
and otherwise, which may be required by a person with benchmark disability for
daily activities, to take independent and informed decision to access facilities
and participating in all areas of life including education, employment, family
and community life and treatment and therapy;
(m) "inclusive
education" means a system of education wherein students with
and without disability learn together and the system of teaching and learning
is suitably adapted to meet the learning needs of different types of students
with disabilities;
(n) "information
and communication technology" includes all services and
innovations relating to information and communication, including telecom
services, web based services, electronic and print services, digital and
virtual services;
(o) "institution" means
an institution for the reception, care, protection, education, training,
rehabilitation and any other activities for persons with disabilities;
(p) "local
authority" means a Municipality or a Panchayat, as defined in
clause (e) and clause (f) of article 243P of the Constitution; a Cantonment
Board constituted under the Cantonments Act, 2006; and any other authority
established under an Act of Parliament or a State Legislature to administer the
civic affairs;
(q) "notification" means
a notification published in the Official Gazette and the expression
"notify" or "notified" shall be construed accordingly;
(r) "person
with benchmark disability" means a person with not less than
forty per cent. of a specified disability where specified disability has not
been defined in measurable terms and includes a person with disability where
specified disability has been defined in measurable terms, as certified by the
certifying authority;
(s) "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;
(t) "person
with disability having high support needs" means a person with
benchmark disability certified under clause (a) of sub-section (2) of section
58 who needs high support;
(u) "prescribed" means
prescribed by rules made under this Act;
(v) "private
establishment" means a company, firm, cooperative or other
society, associations, trust, agency, institution, organization, union, factory
or such other establishment as the appropriate Government may, by notification,
specify;
(w) "public
building" means a Government or private building, used or
accessed by the public at large, including a building used for educational or
vocational purposes, workplace, commercial activities, public utilities,
religious, cultural, leisure or recreational activities, medical or health
services, law enforcement agencies, reformatories or judicial for as, railway
stations or platforms, roadways bus stands or terminus, airports or waterways;
(x) "public
facilities and services" includes all forms of delivery of services
to the public at large, including housing, educational and vocational
trainings, employment and career advancement, shopping or marketing, religious,
cultural, leisure or recreational, medical, health and rehabilitation, banking,
finance and insurance, communication, postal and information, access to
justice, public utilities, transportation;
(y) "reasonable
accommodation" means necessary and appropriate modification
and adjustments, without imposing a disproportionate or undue burden in a
particular case, to ensure to persons with disabilities the enjoyment or
exercise of rights equally with others;
(z) "registered
organization" means an association of persons with
disabilities or a disabled person organization, association of parents of
persons with disabilities, association of persons with disabilities and family
members, or a voluntary or non-governmental or charitable organization or
trust, society, or non-profit company working for the welfare of the persons
with disabilities, duly registered under an Act of Parliament or a State
Legislature;
(za) "rehabilitation" refers
to a process aimed at enabling persons with disabilities to attain and maintain
optimal, physical, sensory, intellectual, psychological environmental or social
function levels;
(zb) "Special
Employment Exchange" means any office or place established and
maintained by the Government for the collection and furnishing of information,
either by keeping of registers or otherwise, regarding-
(i) persons who seek to engage employees from amongst the
persons with disabilities;
(ii) persons with benchmark disability who seek employment;
(iii) vacancies to which persons with benchmark disabilities
seeking employment may be appointed;
(zc) "specified
disability" means the disabilities as specified in the
Schedule;
(zd) "transportation
systems" includes road transport, rail transport, air
transport, water transport, para transit systems for the last mile
connectivity, road and street infrastructure, etc.;
(ze) "universal
design" means the design of products, environments, programmes
and services to be usable by all people to the greatest extent possible,
without the need for adaptation or specialized design and shall apply to
assistive devices including advanced technologies for particular group of
persons with disabilities.
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