State of Jammu-Kashmir - Act
Jammu and Kashmir Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2003
JAMMU & KASHMIR
India
India
Jammu and Kashmir Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2003
Rule JAMMU-AND-KASHMIR-PERSONS-WITH-DISABILITIES-EQUAL-OPPORTUNITIES-PROTECTION-OF-RIGHTS-AND-FULL-PARTICIPATION-RULES-2003 of 2003
- Published on 11 December 2003
- Commenced on 11 December 2003
- [This is the version of this document from 11 December 2003.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires:Chapter II
Guidelines For Evaluation and Assessment of Various Disabilities
3.
The Executive instructions regarding guidelines for evaluation and assessment of various disabilities shall be issued under these rules from time to time.4. Authorities to give Disability Certificate.
- A disability Certificate shall be issued by a Medical Board constituted by the Government consisting of CMO of the District and at least two medical specialists nominated by the concerned Director, Health Services (with at least one specialist from the field of concerned impairment).5.
The Medical Board shall after due examination, give a Permanent disability certificate (in Form-I) in cases of such Permanent disabilities where there are no chances of variation in the degree of disability. Wherever there is any chance of variation in the degree of disability the Medical Board will indicate the period of validity in the certificate.6.
The Certificate issued under rule 5 shall make a person eligible to apply for facilities, concessions and benefits admissible under any scheme of Government, Non-Government Organisation, subject to such conditions as the Government may impose from time to time.7.
No refusal of disability certificate shall be made unless an opportunity of being heard is given to the applicant.8.
If aggrieved by the decision of the Medical Board, the applicant may appeal to the appellate Medical Board within a period of thirty days.9.
The appellate Medical Board shall be established at the Divisional level consisting of the Dean of Government Medical college, two specialists not below the rank of Associate Professor in the Medical College (with at least one from the concerned impairment) and the Director Health Services or his nominee.Chapter III
The Coordination Committee
10. Membership roll.
- The Member-Secretary shall keep a record of names of members and their addresses.11. Change of Address.
- If a member changes his address, he shall intimate his new address to the Member-Secretary who shall thereupon enter his new address, in the official records but if he fails to notify his new address, the address in the official records shall for all purposes be deemed to be member's correct address.12. Daily and travelling allowances.
13. Notice of meetings.
14. Presiding officer.
- The Chairperson shall preside at every meeting of the Co-ordination Commit¬tee at which he is present and in his absence, the Vice Chairperson shall preside, but when both the Chairperson and the Vice Chairperson are absent from any meeting, the members present shall elect one of the members to preside at that meeting.15. Quorum.
16. Minutes.
17. Absence from meeting of State Coordination Committee.
- Any member of the State Co-ordination Committee absenting himself from three consecutive meetings without leave of the Chairperson shall cease to be a member of the Coordination Committee.18. Maintaining Order at meeting.
- The Presiding Officer shall maintain order at the meeting.19. Business to be Transacted at Meeting.
20. Decision by majority.
- All questions considered at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson or in the absence of Chairperson the Vice-Chairperson or the member presiding at the meeting, as the case be, shall have casting vote.21. No proceeding to be invalid due to vacancy or any defect.
- No proceeding of the State Co-ordination Committee shall be invalid merely by reasons of existence of any vacancy or any defect in the constitution of the committee.Chapter IV
The State Executive Committee
22. Daily and travelling Allowance.
23. Notice of Meetings.
24. Presiding Officer.
- The Chairperson shall preside at every meeting of the Executive Committee at which he is present, and in his absence, the members present shall elect one of the members to preside at that meeting.25. Quorum.
26. Minutes.
27. Absence from meetings of State Executive Committee.
- Any member of the Executive Committee absenting himself from three consecutive meetings without permission of the Chairperson shall cease to be a member of the Executive Committee.28. Maintaining Order at Meeting.
- The Presiding Officer shall maintain order at the meeting.29. Business to be transacted at meeting.
- At any meeting, business shall be transacted in the order in which it is entered in the agenda, unless otherwise, resolved in the meeting with the permission of the Chairperson.30. Decision by Majority.
- All questions considered at a meeting of the Executive Committee shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson, or in the absence of Chairperson the member presiding at the meeting, as the case may be, shall have a casting vote.31. No proceeding to be invalid due to vacancy or any defect.
- No proceeding of the State Executive Committee shall be invalid merely by reasons of existence of any vacancy in or any defect in the constitution of the Executive Committee.32. Manner and purpose of Association of persons with State Executive Committee.
- (i) The Executive Committee may invite persons, whose assistance or advice is considered useful in performing any of its functions, to participate in the deliberations of any of its meeting.33. Fee for the associated person.
- Notwithstanding anything in rule 32, the State Executive Committee may pay the person associated with the' Committee, with the prior approval of the State Government, such fee as considered appropriate depending on the nature of work assigned under section 12 and the qualifications and experience of the associated person:Provided that the State Executive Committee shall not associate any person without the prior approval of the State Government, if the period of association exceeds four months or fees payable to him exceeds the monthly amount as fixed by the State Government from time to time.34. Tours by associated Person.
- The associated person may, with the prior approval of the Chairperson, undertake tours within the State for the performance of the duties entrusted to him by the State Executive Committee and in respect of such tours, he shall be entitled to travelling and daily allowance at the rates as admissible to a Class-I Officer of the Government.35. Associated Person not to disclose any information.
- The associated person shall not disclose any information either given by the State Executive Committee or obtained during the performance of the duties as¬signed to him either from the State Executive Committee or otherwise, to any person other than the State Executive Committee without the permission of the Chairperson of the Committee.36. Duties and function's of the Associated persons.
- The associated person shall discharge such duties and perform such functions as are assigned to him by the Executive-Committee.Chapter V
Employment
37. Computation of Vacancies.
- The Executive instructions for method of computation of vacancies shall be issued under this rule from time to time.Notification of Vacancies to Special Employment Exchange38. Special Employment Exchange to which vacancies are to be notified.
39. Form and manner or Notification of vacancies.
- The vacancies shall be notified in writing to the concerned Special Employment Exchange, and the following particulars shall be furnished where practicable, in respect of each type of vacancy:| Orthopaedically Handicapped | Visually Handicapped | Hearing Handicapped |
40. Time limit for the notification of vacancies.
41. Submission of returns.
- An employer shall furnish to the local Special Employment Exchange quarterly returns in Form ER-I and biennial returns in Form ER-II as maybe amended from lime to time. Quarterly returns shall be furnished within thirty days of the due dates namely on 31st March, 30th July, 30th Sept. & 31st December. Biennial returns shall be furnished within thirty days of the due date as notified in the Government Gazette.42. Form in which record to be kept by any employer.
- An employer shall maintain the record of employees with disabilities in Form No.III, as may be amended from time to time.Chapter VI
Recognition for Persons with Disabilities
43. Form of application.
- Every application for a Certificate of registration shall be made in Form IV.44. Order refusing to grant certificates.
- The Competent authority may, giving the applicant reasonable opportunity of being heard, make an order refusing to grant a certificate. Such order will contain specific reasons for refusal to grant such a certificate and shall be communicated to the applicant through registered post.45. Validity of Certificate of Registration.
- A Certificate of registration granted under section 41 shall, unless revoked under section -12, remain in force for a period of three years.46. Appeal.
- A person aggrieved by the order of the competent authority refusing to grant a certificate or revoking a certificate may, within a period of 30 days, prefer an appeal to the State Government against such refusal or revocation:Provided that the State Government may entertain an appeal after the expiry of the said period of 30 days if it is satisfied that there was sufficient cause for not filing it within that period.47. Procedure to be followed by the Director.
48. Submission of report to the State Government.
- The Director shall submit report to the State Government on the implementation of the Act under section 49 of the Act at the interval or Six months in such a manner that at least two reports are sent in one financial year.49. Submission of Annual Report.
| Space of Photograph |
1. Name ________
2. Father's / Husband's Name _______
3. Sex & Age __________
4. Address ___________
5. Mark of Identification ______
6. Type of Disability : Visual Disability /Hearing Impairment/Locomotor Disability/Mental Retardation /Any other Disability (specified in the Act* Act means J&K Persons with Disabilities (Equal Opportunities protect ion of rights and full Participation ) Act, 1993.)
7. Diagnosis
8. Degree of Disability (% age) (Detailed in the Act*/guidelines)
9. Validity** _________________
| Medical Officer | Medical Officer | Chairman Medical Board |
1. (a) Employment: Total number of persons including working proprietors/ partners/ commission agent/contingent paid contractual workers, on the pay rolls of the establishment excluding part-time workers and apprentices. ( The figures should include every person whose wage or salary is paid by the establishment).
| On the last working day of the previous quarter | On the last working day of the quarter under report, | |
| Men with disability Women with disability. | ||
| Total |
| Occurred | Notified Local Spl. limp. Exchange | General Employment Exchange | Filled | Source (Describe the Source from which filled) |
| (1) | (2) | (3) | (4) | (5) |
| Name of the occupation or designation of the post | Number of unfilled vacancies/posts | ||
| essential qualification | essential experience | experience not necessary | |
| (1) | (2) | (3) | (4) |
1. Total number of persons on the pay rolls of the establishment on (Specific date ).............. (This figure should include every person whose wages or salary is paid by the establishment). (Separate figures for men with disability and women with disability may be given).
2. Occupational classification of all employees as given in item-1 above.
(Please give below the number of employees in each occupation separately).| Occupation | Number of employees | |||
| Use exact terms such as engineer(Mechanical); teacher(domestic/science); officer on duty (actuary); assistant director(Metallurgist); Scientific Assit. (Chemist); Research Officer(economist); Instructor (Carpenter); Supervisor (Tailor); Fitter(External combustion engine); Inspector (Sanitary);Superintendent (Office); apprentice (Electrician). | Men with disability | Women with disability | Total | Please give as far as possible approximate number of vacanciesin each occupation you are likely to fill during the nextcalender year due to retirement. |
| Total......... |
1. Name & Address of the Employer
2. Whether (Head Office):
(Branch Office):3. Nature of Business/principal activity
4. Total number of persons on the pay roll of the establishment (This figure should include every person whose wage or salary is paid by the establishment).
5. Total number of disabled persons (disability-wise) on the pay-roll of the establishment.(This figure should include every person with disability whose wage or salary is paid by the establishment).
6. (a) Occupational qualification of all employees as given in item 5 above (Please give below the number of employees in each occupation separately).
| Occupation | Number of employees | |||
| Use exact terms such as engineer(Mechanical); teacher(domestic/science); officer on duty (actuary); assistant director(Metallurgist); Scientific Assit. (Chemist); Research Officer(economist); Instructor (Carpenter); Supervisor (Tailor); Fitter(External combustion engine); Inspector (Sanitary);Superintendent (Office); apprentice (Electrician). | Men with disability | Women with disability | Total | Please give as far as possible approximate number of vacanciesin each occupation you are likely to fill during the nextcalender year due to retirement. |
| Total......... |
7. Vacancies : Vacancies carrying total emoluments of Rs 60/- or above per month and over three months duration.
| Notified | Filled | Source | |
| Occurred | Local Spl. Emp. Exchange | General Employment Exchange | (Describe the Source from where filled). |
| (1) | (2) | (3) | (4) |
| Total......... |
8. Manpower Shortages : Vacancies /posts unfilled because of shortage of suitable applicants.
| Name of the occupations or designation of thepost | Number of unfilled vacancies/posts | ||
| essential qualification | essential experience | experience not necessary | |
| (1) | (2) | (3) | (4) |