60. Constitution of
Central Advisory Board on Disability. - (1) The Central Government shall, by notification,
constitute a body to be known as the Central Advisory Board on Disability to
exercise the powers conferred on, and to perform the functions assigned to it,
under this Act.
(2) The Central
Advisory Board shall consist of,-
(a) the Minister in charge of Department of Disability
Affairs in the Central Government, Chairperson, ex officio;
(b) the Minister of State in charge dealing with Department
of Disability Affairs in the Ministry in the Central Government, Vice
Chairperson, ex officio;
(c) three Members of Parliament, of whom two shall be
elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio;
(d) the Ministers in charge of Disability Affairs of all
States and Administrators or Lieutenant Governors of the Union territories,
Members, ex officio;
(e) Secretaries to the Government of India in charge of the
Ministries or Departments of Disability Affairs, Social Justice and
Empowerment, School Education and Literacy, and Higher Education, Women and
Child Development, Expenditure, Personnel and Training, Administrative Reforms
and Public Grievances, Health and Family Welfare, Rural Development, Panchayati
Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban
Poverty Alleviation, Science and Technology, Communications and Information
Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road
Transport and Highways and Civil Aviation, Members, ex officio;
(f) Secretary, National Institute of Transforming India
(NITI) Aayog, Member, ex officio;
(g) Chairperson, Rehabilitation Council of India,
Member, ex officio;
(h) Chairperson, National Trust for the Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities,
Member, ex officio;
(i) Chairman-cum-Managing Director, National Handicapped
Finance Development Corporation, Member, ex officio;
(j) Chairman-cum-Managing Director, Artificial Limbs
Manufacturing Corporation, Member, ex
officio;
(k) Chairman, Railway Board, Member, ex officio;
(l) Director-General, Employment and Training, Ministry of
Labour and Employment, Member, ex
officio;
(m) Director, National Council for Educational Research and
Training, Member, ex officio;
(n) Chairperson, National Council of Teacher Education,
Member, ex officio;
(o) Chairperson, University Grants Commission, Member, ex officio;
(p) Chairperson, Medical Council of India, Member, ex officio;
(q) Directors of the following Institutes:-
(i) National Institute for the Visually Handicapped,
Dehradun;
(ii) National Institute for the Mentally Handicapped,
Secundrabad;
(iii) Pandit Deen Dayal Upadhyay Institute for the
Physically Handicapped, New Delhi;
(iv) Ali Yavar Jung National Institute for the Hearing
Handicapped, Mumbai;
(v) National Institute for the Orthopaedically Handicapped,
Kolkata;
(vi) National Institute of Rehabilitation Training and
Research, Cuttack;
(vii) National Institute for Empowerment of Persons with
Multiple Disabilities, Chennai;
(viii) National Institute for Mental Health and Sciences,
Bangalore;
(ix) Indian Sign Language Research and Training Centre, New
Delhi, Members, ex officio;
(r) Members to be nominated by the Central Government,-
(i) five Members who are experts in the field of disability
and rehabilitation;
(ii) ten Members, as far as practicable, being persons with
disabilities, to represent non-Governmental Organizations concerned with
disabilities or disabled persons organizations:
Provided that out
of the ten Members nominated, at least, five Members shall be women and at
least one person each shall be from the Scheduled Castes and the Scheduled
Tribes;
(iii) up to three representatives of national level chambers
of commerce and industry;
(s) Joint Secretary to the Government of India dealing with
the subject of disability policy, Member-Secretary, ex officio.
61. Terms and
conditions of Service of members. - (1) Save as otherwise provided under this Act, a
Member of the Central Advisory Board nominated under clause (r) of sub-section
(2) of section 60 shall hold office for a term of three years from the date of
his nomination:
Provided that such
a Member shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
(2) The Central
Government may, if it thinks fit, remove any Member nominated under clause (r)
of sub-section (2) of section 60, before the expiry of his term of office after
giving him a reasonable opportunity of showing cause against the same.
(3) A Member
nominated under clause (r) of sub-section (2) of section 60 may at any time
resign his office by writing under his hand addressed to the Central Government
and the seat of the said Member shall thereupon becomes vacant.
(4) A casual
vacancy in the Central Advisory Board shall be filled by a fresh nomination and
the person nominated to fill the vacancy shall hold office only for the
remainder of the term for which the Member in whose place he was so nominated.
(5) A Member
nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section
(2) of section 60 shall be eligible for renomination.
(6) The Members
nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section
(2) of section 60 shall receive such allowances as may be prescribed by the
Central Government.
(a) is, or at any time has been, adjudged insolvent or has
suspended payment of his debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent
court, or
(c) is, or has been, convicted of an offence which, in the
opinion of the Central Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence
under this Act, or
(e) has so abused his position in the opinion of the Central
Government as a Member so as to render his continuance in the office is
prejudicial interests of the general public.
(2) No order of
removal shall be made by the Central Government under this section unless the
Member concerned has been given a reasonable opportunity of showing cause
against the same.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (5) of section 61, a
Member who has been removed under this section shall not be eligible for
renomination as a Member.
63. Vacation of
seats by Members. - If a Member
of the Central Advisory Board becomes subject to any of the disqualifications
specified in section 62, his seat shall become vacant.
64. Meetings of the
Central Advisory Board on disability. - The Central Advisory Board shall meet at least once
in every six months and shall observe such rules of procedure in regard to the
transaction of business at its meetings as may be prescribed.
65. Functions of
Central Advisory Board on disability. - (1) Subject to the provisions of this Act, the
Central Advisory Board on disability shall be the national-level consultative
and advisory body on disability matters, and shall facilitate the continuous
evolution of a comprehensive policy for the empowerment of persons with
disabilities and the full enjoyment of rights.
(2) In particular
and without prejudice to the generality of the foregoing provisions, the
Central Advisory Board on disability shall perform the following functions,
namely:-
(a) advise the Central Government and the State Governments
on policies, programmes, legislation and projects with respect to disability;
(b) develop a national policy to address issues concerning
persons with disabilities;
(c) review and coordinate the activities of all Departments
of the Government and other Governmental and non-Governmental Organizations
which are dealing with matters relating to persons with disabilities;
(d) take up the cause of persons with disabilities with the
concerned authorities and the international organizations with a view to
provide for schemes and projects for the persons with disabilities in the
national plans;
(e) recommend steps to ensure accessibility, reasonable
accommodation, nondiscrimination for persons with disabilities vis-à-vis
information, services and the built environment and their participation in
social life;
(f) monitor and evaluate the impact of laws, policies and
programmes to achieve full participation of persons with disabilities; and
(g) such other functions as may be assigned from time to
time by the Central Government.
(1) Every
State Government shall, by notification, constitute a body to be known as the
State Advisory Board on disability to exercise the powers conferred on, and to
perform the function assigned to it, under this Act.
(2) The State
Advisory Board shall consist of-
(a) the Minister in charge of the Department in the State
Government dealing with disability matters, Chairperson, ex officio;
(b) the Minister of State or the Deputy Minister in charge
of the Department in the State Government dealing with disability matters, if
any, Vice-Chairperson, ex officio;
(c) secretaries to the State Government in charge of the
Departments of Disability Affairs, School Education, Literacy and Higher
Education, Women and Child Development, Finance, Personnel and Training, Health
and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and
Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty
Alleviation, Science and Technology, Information Technology, Public
Enterprises, Youth Affairs and Sports, Road Transport and any other Department,
which the State Government considers necessary, Members, ex officio;
(d) three Members of the State Legislature of whom two shall
be elected by the Legislative Assembly and one by the Legislative Council, if
any, and where there is no Legislative Council, three Members shall be elected
by the Legislative Assembly, Members, ex officio;
(e) Members to be nominated by the State Government:-
(i) five Members who are experts in the field of disability
and rehabilitation;
(ii) five Members to be nominated by the State Government by
rotation to represent the districts in such manner as may be prescribed:
Provided that no
nomination under this sub-clause shall be made except on the recommendation of
the district administration concerned;
(iii) ten persons as far as practicable, being persons with
disabilities, to represent non-Governmental Organizations or associations which
are concerned with disabilities:
Provided that out
of the ten persons nominated under this clause, at least, five shall be women
and at least one person each shall be from the Scheduled Castes and the
Scheduled Tribes;
(iv) not more than three representatives of the State
Chamber of Commerce and Industry;
(f) officer not below the rank of Joint Secretary in the
Department dealing with disability matters in the State Government,
Member-Secretary, ex officio.
67. Terms and
conditions of service of Members. - (1) Save as otherwise provided under this Act, a
Member of the State Advisory Board nominated under clause (e) of sub-section
(2) of section 66, shall hold office for a term of three years from the date of
his nomination:
Provided that such
a Member shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
(2) The State
Government may, if it thinks fit, remove any Member nominated under clause (e)
of sub-section (2) of section 66, before the expiry of his term of office after
giving him a reasonable opportunity of showing cause against the same.
(3) A Member
nominated under clause (e) of sub-section (2) of section 66 may at any time
resign his office by writing under his hand addressed to the State Government
and the seat of the said Member shall thereupon become vacant.
(4) A casual
vacancy in the State Advisory Board shall be filled by a fresh nomination and
the person nominated to fill the vacancy shall hold office only for the
remainder of the term for which the Member in whose place he was so nominated.
(5) A Member
nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section
(2) of section 66 shall be eligible for renomination.
(6) the Members
nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section
(2) of section 66 shall receive such allowances as may be prescribed by the
State Government.
(a) is, or at any time has been, adjudged insolvent or has
suspended payment of his debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent
court, or
(c) is, or has been, convicted of an offence which, in the
opinion of the State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence
under this Act, or
(e) has so abused in the opinion of the State Government his
position as a Member as to render his continuance in the State Advisory Board
detrimental to the interests of the general public.
(2) No order of
removal shall be made by the State Government under this section unless the
Member concerned has been given a reasonable opportunity of showing cause
against the same.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (5) of section 67, a
Member who has been removed under this section shall not be eligible for
renomination as a Member.
69. Vacation of
seats. - If a Member
of the State Advisory Board becomes subject to any of the disqualifications
specified in section 68 his seat shall become vacant.
70. Meetings of
State Advisory Board on disability. - The State Advisory Board shall meet at least once in
every six months and shall observe such rules or procedure in regard to the
transaction of business at its meetings as may be prescribed by the State
Government.
(1) Subject to the provisions of this Act, the State
Advisory Board shall be the State-level consultative and advisory body on
disability matters, and shall facilitate the continuous evolution of a
comprehensive policy for the empowerment of persons with disabilities and the
full enjoyment of rights.
(2) In particular
and without prejudice to the generality of the foregoing provisions, the State
Advisory Board on disability shall perform the following functions, namely:-
(a) advise the State Government on policies, programmes,
legislation and projects with respect to disability;
(b) develop a State policy to address issues concerning
persons with disabilities;
(c) review and coordinate the activities of all Departments
of the State Government and other Governmental and non-Governmental
Organizations in the State which are dealing with matters relating to persons
with disabilities;
(d) take up the cause of persons with disabilities with the
concerned authorities and the international organizations with a view to
provide for schemes and projects for the persons with disabilities in the State
plans;
(e) recommend steps to ensure accessibility, reasonable
accommodation, nondiscrimination for persons with disabilities, services and
the built environment and their participation in social life on an equal basis
with others;
(f) monitor and evaluate the impact of laws, policies and
programmes designed to achieve full participation of persons with disabilities;
and
(g) such other functions as may be assigned from time to
time by the State Government.
72. District-level
Committee on disability. - The State Government shall constitute District-level Committee
on disability to perform such functions as may be prescribed by it.
73. Vacancies not
to invalidate proceedings. - No act or proceeding of the Central Advisory Board on
disability, a State Advisory Board on disability, or a District-level Committee
on disability shall be called in question on the ground merely of the existence
of any vacancy in or any defect in the constitution of such Board or Committee,
as the case may be.