Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of person with Disabilities Act, 2016

Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of person with Disabilities Act, 2016 (49 of 2016): Railway Board Order dated 10.10.2022

GOVERNMENT OF INDIA (भारत सरकार)
MINISTRY OF RAILWAYS (रेलवे मंत्रालय)
RAILWAY BOARD (रेलवे बोर्ड)

No. 2008/H/23/1

New Delhi, dated- 10.10.2022

General Manager
All Indian Railways
(Including PUs and RDSO)

Sub:- Guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of person with Disabilities Act, 2016 (49 of 2016)-reg.

Ref: Gazette Notification of Ministry of Social Justice and Empowerment, dated 05.01.2018. (Copy enclosed)

Please find enclosed copy of Gazette Notification of Ministry of Social Justice and Empowerment dated 05.01.2018 on the subject cited above for information and necessary action.

In terms of Note (2) Para (2) of SO 76(E) of the Gazette Notification, in case of doubts arising in matters relating to evaluation procedure regarding the said guidelines, the competent Authority therein should be approached.

This has the approval of Competent Authority in Ministry of Railways.

(Dr. Praval Pant) (डा.प्रवाल पंत)
Director/Ind. Health (नि./औ.स्‍वा.)
Railway Board (रेलवे बोर्ड)

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
[Department of Empowerment of Persons with Disabilities (Divyangjan)]

NOTIFICATION

New Delhi, the 4th January, 2018

S.O. 76(E).—Whereas the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, had constituted an expert committee vide order dated the 8th July, 2015 (Annexure I) under the chairmanship of Secretary, Department of Empowerment of Persons with Disabilities to suggest guidelines for evaluation and procedure for certification of various specified disabilities;

And whereas the expert Committee met on the 10th November, 2015 and decided that eight sub-committees in the following categories should be set up:

(i) locomotor disability;
(ii) visual impairment;
(iii) hearing impairment;
(iv) chronic neurological conditions;
(v) persons affected with blood related disorders;
(vi) developmental disorders;
(vii) mental illness; and
(viii) multiple disabilities;

And whereas the above eight sub-committees were set up by the Department of Empowerment of Persons with Disabilities vide orders dated the 21st September, 2016, the 3rd October, 2016 and the 23rd January, 2017.

And whereas the said sub-committees, after detailed deliberations, submitted their reports and these reports were examined by the expert committee headed by Secretary, Department of Empowerment of Persons with Disabilities;

And whereas the expert committee noted that the Ministry of Health and Family Welfare is the final authority to recommend guidelines on evaluation and procedure for certification of specified disabilities and accordingly the consolidated reports of all the eight sub-committees were referred to the Ministry of Health and Family Welfare for finalisation;

And whereas a meeting was held on the 11th April, 2017 under the chairmanship of Secretary, Ministry of Health and Family Welfare to consider the reports submitted by the eight sub-committees and subsequently Ministry of Health and Family Welfare conveyed their recommendations on 9th June 2017;

Now, therefore, in exercise of powers conferred by Section 56 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Central Government hereby notifies the guidelines for the purpose of assessing the extent of following specified disabilities in a person after having considered the recommendations of the Ministry of Health and Family Welfare as provided at Annexure II, namely:-

I. locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
II. blindness and low-vision;
III. deaf and hard of hearing and speech and language disability;
IV. intellectual disability and specific learning disabilities;
V. mental illness;
VI. chronic neurological conditions;
VII. haemophilia, thalassemia and sickle cell disease; and
VIII. multiple disabilities.

2. The said guidelines for the purpose of assessing disabilities at Annexure II shall supersede the guidelines for evaluation of various disabilities and procedure for certification vide Government of India, Ministry of Social Justice and Empowerment notification number 16-18/97-NI I. dated the 1st June 2001 and the guidelines for evaluation and assessment of mental illness and procedure of certification vide Government of India, Ministry of Social Justice and Empowerment notification number 16-18/97-NI dated the 18th February 2002, except as respects things done or omitted to be done before such supersession.

Note 1:– In terms of Section 57 of the Rights of the Persons with Disabilities Act, 2016 (49 of 2016), the State Governments or as the case may be, Union Territory Administrators shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability and also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.

Note 2:- The Director General of Health Services, Ministry of Health and Family Welfare, Government of India shall be the final authority to decide upon cases where any controversy or doubt arises in matters relating to interpretation of the definitions or classifications or evaluation procedure regarding the said guidelines.

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