49. Competent authority. - The State Government shall appoint an authority as it deems fit to be a competent authority for the purposes of this Chapter.
50. Registration. - Save as otherwise provided under
this Act, no person shall establish or maintain any institution for persons
with disabilities except in accordance with a certificate of registration
issued in this behalf by the competent authority:
Provided that an
institution for care of mentally ill persons, which holds a valid license under
section 8 of the Mental Health Act, 1987 or any other Act for the time being in
force, shall not be required to be registered under this Act.
51. Application and
grant of certificate of registration. - (1) Every application for a certificate of
registration shall be made to the competent authority in such form and in such
manner as may be prescribed by the State Government.
(2) On receipt of
an application under sub-section (1), the competent authority shall make such
enquiries as it may deem fit and on being satisfied that the applicant has
complied with the requirements of this Act and the rules made thereunder, it
shall grant a certificate of registration to the applicant within a period of
ninety days of receipt of application and if not satisfied, the competent authority
shall, by order, refuse to grant the certificate applied for:
Provided that
before making any order refusing to grant a certificate, the competent
authority shall give the applicant a reasonable opportunity of being heard and
every order of refusal to grant a certificate shall be communicated to the
applicant in writing.
(3) No certificate
of registration shall be granted under sub-section (2) unless the institution
with respect to which an application has been made is in a position to provide
such facilities and meet such standards as may be prescribed by the State
Government.
(4) The certificate
of registration granted under sub-section (2) ,-
(a) shall, unless revoked under section 52 remain in force
for such period as may be prescribed by the State Government;
(b) may be renewed from time to time for a like period; and
(c) shall be in such form and shall be subject to such
conditions as may be prescribed by the State Government.
(5) An application
for renewal of a certificate of registration shall be made not less than sixty
days before the expiry of the period of validity.
(6) A copy of the
certificate of registration shall be displayed by the institution in a
conspicuous place.
(7) Every
application made under sub-section (1) or sub-section (5) shall be disposed of
by the competent authority within such period as may be prescribed by the State
Government.
52. Revocation of
registration. - (1) The
competent authority may, if it has reason to believe that the holder of a
certificate of registration granted under sub-section (2) of section 51 has,-
(a) made a statement in relation to any application for the
issue or renewal of the certificate which is incorrect or false in material
particulars; or
(b) committed or has caused to be committed any breach of
rules or any conditions subject to which the certificate was granted, it may,
after making such inquiry, as it deems fit, by order, revoke the certificate:
Provided that no
such order shall be made until an opportunity is given to the holder of the certificate
to show cause as to why the certificate of registration shall not be revoked.
(2) Where a
certificate of registration in respect of an institution has been revoked under
sub-section (1), such institution shall cease to function from the date of such
revocation:
Provided that where
an appeal lies under section 53 against the order of revocation, such
institution shall cease to function,-
(a) where no appeal has been preferred immediately on the
expiry of the period prescribed for the filing of such appeal; or
(b) where such appeal has been preferred, but the order of
revocation has been upheld, from the date of the order of appeal.
(3) On the
revocation of a certificate of registration in respect of an institution, the
competent authority may direct that any person with disability who is an inmate
of such institution on the date of such revocation, shall be-
(a) restored to the custody of his or her parent, spouse or
lawful guardian, as the case may be; or
(b) transferred to any other institution specified by the
competent authority.
(4) Every
institution which holds a certificate of registration which is revoked under
this section shall, immediately after such revocation, surrender such
certificate to the competent authority.
53. Appeal. - (1) Any person aggrieved by the
order of the competent authority refusing to grant a certificate of
registration or revoking a certificate of registration may, within such period
as may be prescribed by the State Government, prefer an appeal to such
appellate authority, as may be notified by the State Government against such
refusal or revocation.
(2) The order of
the appellate authority on such appeal shall be final.
54. Act not to
apply to institutions established or maintained by Central or State Government. - Nothing contained in this Chapter
shall apply to an institution for persons with disabilities established or
maintained by the Central Government or a State Government.
55. Assistance to
registered institutions. - The appropriate Government may within the limits of their
economic capacity and development, grant financial assistance to registered
institutions to provide services and to implement the schemes and programmes in
pursuance of the provisions of this Act.
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