96. Application of other laws not barred. - The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.
97. Protection of
action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against
the appropriate Government or any officer of the appropriate Government or any
officer or employee of the Chief Commissioner or the State Commissioner for
anything which is in good faith done or intended to be done under this Act or
the rules made thereunder.
98. Power to remove
difficulties. - (1) If any
difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, published in the Official Gazette, make such
provisions or give such directions, not inconsistent with the provisions of
this Act, as may appear to it to be necessary or expedient for removing the
difficulty:
Provided that no
such order shall be made under this section after the expiry of the period of
two years from the date of commencement of this Act.
(2) Every order
made under this section shall be laid as soon as may be, after it is made, before
each House of Parliament.
99. Power to amend
Schedule. - (1) On the
recommendations made by the appropriate Government or otherwise, if the Central
Government is satisfied that it is necessary or expedient so to do, it may, by
notification, amend the Schedule and any such notification being issued, the
Schedule shall be deemed to have been amended accordingly.
(2) Every such
notification shall, as soon as possible after it is issued, shall be laid
before each House of Parliament.
100. Power of
Central Government to make rules. - (1) The Central Government may, subject to the
condition of previous publication, by notification, make rules for carrying out
the provisions of this Act.
(2) In particular,
and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-
(a) the manner of constituting the Committee for Research on
Disability under sub-section (2) of section 6;
(b) the manner of notifying the equal opportunity policy
under sub-section (1) of section 21;
(c) the form and manner of maintaining records by every
establishment under sub-section (1) of section 22;
(d) the manner of maintenance of register of complaints by
grievance redressal officer under sub-section (3) of section 23;
(e) the manner of furnishing information and return by
establishment to the Special Employment Exchange under section 36;
(f) the composition of the Assessment Board under
sub-section (2) and manner of assessment to be made by the Assessment Board
under sub-section (3) of section 38;
(g) rules for person with disabilities laying down the
standards of accessibility under section 40;
(h) the manner of application for issuance of certificate of
disability under sub-section (1) and form of certificate of disability under
sub-section (2) of section 58;
(i) the allowances to be paid to nominated Members of the
Central Advisory Board under sub-section (6) of section 61;
(j) the rules of procedure for transaction of business in
the meetings of the Central Advisory Board under section 64;
(k) the salaries and allowances and other conditions of
services of Chief Commissioner and Commissioners under sub-section (4) of
section 74;
(l) the salaries and allowances and conditions of services
of officers and staff of the Chief Commissioner under sub-section (7) of
section 74;
(m) the composition and manner of appointment of experts in
the advisory committee under sub-section (8) of section 74;
(n) the form, manner and content of annual report to be
prepared and submitted by the Chief Commissioner under sub-section (3) of
section 78;
(o) the procedure, manner of utilization and management of
the Fund under sub-section (2) of section 86; and
(p) the form for preparation of accounts of Fund under
sub-section (1) of section 87.
(3) Every rule made
under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
101. Power of State
Government to make rules. - (1) The State Government may, subject to the condition of
previous publication, by notification, make rules for carrying out the provisions
of this Act, not later than six months from the date of commencement of this
Act.
(2) In particular,
and without prejudice to the generality of foregoing powers, such rules may
provide for all or any of the following matters, namely:-
(a) the manner of constituting the Committee for Research on
Disability under sub-section (2) of section 5;
(b) the manner of providing support of a limited guardian
under sub-section (1) of section 14;
(c) the form and manner of making an application for
certificate of registration under sub-section (1) of section 51;
(d) the facilities to be provided and standards to be met by
institutions for grant of certificate of registration under sub-section (3) of
section 51;
(e) the validity of certificate of registration, the form
of, and conditions attached to, certificate of registration under sub-section
(4) of section 51;
(f) the period of disposal of application for certificate of
registration under sub-section (7) of section 51;
(g) the period within which an appeal to be made under
sub-section (1) of section 53;
(h) the time and manner of appealing against the order of
certifying authority under sub-section (1) and manner of disposal of such
appeal under sub-section (2) of section 59;
(i) the allowances to be paid to nominated Members of the
State Advisory Board under sub-section (6) of section 67;
(j) the rules of procedure for transaction of business in
the meetings of the State Advisory Board under section 70;
(k) the composition and functions of District Level
Committee under section 72;
(l) salaries, allowances and other conditions of services of
the State Commissioner under sub-section (3) of section 79;
(m) the salaries, allowances and conditions of services of
officers and staff of the State Commissioner under sub-section (3) of section
79;
(n) the composition and manner of appointment of experts in
the advisory committee under sub-section (7) of section 79;
(o) the form, manner and content of annual and special
reports to be prepared and submitted by the State Commissioner under
sub-section (3) of section 83;
(p) the fee or remuneration to be paid to the Special Public
Prosecutor under sub-section (2) of section 85;
(q) the manner of constitution of State Fund for persons
with disabilities under sub-section (1), and the manner of utilization and
management of State Fund under sub-section (2) of section 88;
(r) the form for preparation of accounts of the State Fund
for persons with disabilities under sub-section (3) of section 88.
(3) Every rule made
by the State Government under this Act shall be laid, as soon as may be after
it is made, before each House of the State Legislature where it consists of two
Houses, or where such State Legislature consists of one House, before that
House.
102. Repeal and
savings. - (1) The
Persons with Disabilities (Equal Opportunity Protection of Rights and Full
Participation) Act, 1995 is hereby repealed.
(2) Notwithstanding
the repeal of the said Act, anything done or any action taken under the said
Act, shall be deemed to have been done or taken under the corresponding
provisions of this Act.