Central Law on Rights of Disabled: J&K Govt Comes Up With Draft Rules

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Srinagar: Nearly eight months after re-organisation of the erstwhile state of J&K, the administration of J&K Union Territory has come up with draft rules for implementation of “The Right of Persons with Disabilities Act-2016”.

The draft rules have been put in public domain by Social Welfare department, which deals with matters concerning persons with disabilities, for feedback/ suggestions.

The Rules deal with the rights, entitlements and structures at different levels for persons with disabilities in J&K UT.

According to the rules, the research committee on disability will comprise of an administrative secretary, Health and Medical Education department, or head of an institution dealing in the field of science and medical research, who will function as its ex-officio chairperson.

It shall have representatives from Directorate of Health Services, Government Medical College Jammu/Srinagar, Director Social Welfare Kashmir/ Jammu and others .

The panel shall also have five members as representatives from a registered Union Territory level organization representing each of the five groups of specified disabilities in the Schedule of the Act, who will be nominated by government.

According to the rules, the Deputy Commissioners of the concerned district shall be the designated authority under sub-section (1) of section 15 of the Act to take measures for creating social awareness to support persons with disabilities in exercising their legal capacity.

“A nodal officer shall be designated in each Chief Education Office of the Department of School Education, every urban local body and in both the Directorates of Social Welfare within three months of the notification of these rules, to deal with all matters relating to admission of children with disabilities and the facilities to be provided to them in schools in accordance with the provisions of sections 16 and 31 of the Act, “reads the draft.

The framework also provides that every government establishment in order to give effect to the reservation provided to the persons with disability shall take into account four percent of the total number of vacancies in the cadre strength in each group of posts, for the purpose of computation of vacancies for the persons with benchmark disabilities

The rules also states that the joint director in the Directorates of Social Welfare shall be the competent authority under section 49 for the purpose of registration of Institutions for Persons with Disabilities and grants to such Institutions.

It also provides legal protection to disability certificates issued under the disability law of erstwhile state of J&K.

“The certificate of disability issued under The Jammu and Kashmir Persons with Disabilities Act, 2018 shall continue to be valid after commencement of the Act for the period specified therein,” the rules state.

It also deals with procedure to be adopted for constitution of advisory board provided under the law. (KNO)

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