Following the footsteps of Tamil Nadu, Punjab and Delhi, now the Department of Social Justice and Empowerment, Himachal Pradesh (“Department”) has issued the Draft Himachal Pradesh Rights of Persons with Disabilities Rules, 2018 (“Draft Rules”) on September 15, 2018.
The Department has invited objections and suggestions from the persons likely to be affected by these Rules till 15th October, 2018.
Objections and suggestions may be addressed to Additional Chief Secretary (SJE) to the Government of Himachal Pradesh, Shimla.
Background:
The Rights of Persons with Disabilities Act, 2016 (“Act”) received the President’s assent on 27th December 2016 and is effective since 19th April 2017. According to Section 101(1) of the Act, 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. Gaining power from the said section the Department has formulated the Draft Rules.
Key Highlights of the Draft Rules:
- No person with disability will be a subject of research on the topic of disability being carried out by any individual/organization/college/university/department without his or her free and informed consent.
- A limited guardian for person with disability may be appointed on application. Such application can be made by the person with disability as well as the parent/guardian or a registered organization.
- For a person to be appointed as limited guardian he/she must be:
- a citizen of India
- of sound mind
- not having a history of criminal conviction
- not a destitute and dependent on other for his own living
- not be declared an insolvent or bankrupt
- An institution may also be appointed as a limited guardian provided it fulfils certain criteria. The guardian, if an institution, must submit a return covering property and assets of the ward within 6 months of his appointment and within a period of 3 months of the end of every financial year.
- The rules make provision for complaint against the appointed guardian in case of abuse or neglect of a person with disability.
- Person desirous of establishing or maintaining an institution for persons with disabilities may make an application for the same to the competent authority and shall be duly registered provided it complies with the specified requirements. The certificate of registration so issued will be valid for a period of five years.
- The Rules make provision for a State Fund for Persons with Disabilities.
For a detailed read of the Draft Rules please refer to the link enclosed below.
Source: Department of Social Justice and Empowerment, Himachal Pradesh
