DEPARTMENT OF SOCIAL WELFARE

RIGHTS OF PERSONS WITH DISABILITIES RULES (DRAFT)

U/S 101 (1) OF THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

CHAPTER-I
PRELIMINARY

1. Short title and Commencement.- (1) These rules may be called the Jammu
and Kashmir Rights of Persons with Disabilities Rules, 2020.
(2) They shall come into force on the date of their publication in the Official
Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Rights of Persons with Disabilities Act, 2016 (49 of 2016);
(b) "Certificate" means a certificate of disability issued by a certifying authority
referred to in sub-section (1) of section 57 of the Act;
(c) “Certificate of registration” means a certificate of registration issued by the
competent authority under section 50 of the Act;
(d) "Form" means a form appended to these rules; and
(e) “Section” means the section of the Act.
(2) Words and expressions used herein and not defined but defined in the Act
shall have the meanings respectively assigned to them in the Act.

CHAPTER II

RIGHTS AND ENTITLEMENTS

3. Establishment not to discriminate on the ground of disability.- (1) The

head of the establishment shall ensure that the provision of sub-section (3) of
section 3 of the Act are not misused to deny any right or benefit to persons
with disabilities covered under the Act.
(2) On receipt of a complaint from an aggrieved person regarding discrimination
on the ground of disability, the head of the private establishment employing
twenty or more persons or a Government establishment shall -
(a) initiate action in accordance with the provisions of the Act; or
(b) inform the aggrieved person in writing as to how the impugned act or
omission is a proportionate means of achieving a legitimate aim.
(3) If the aggrieved person submits a complaint to the Union Territory
Commissioner for Persons with Disabilities, the complaint shall be disposed of
within a period of thirty days:
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 Provided that in exceptional cases, keeping in view the urgency of the subject
matter of the complaint, such a complaint may be disposed off in a time
period of less than thirty days, as decided by the Union Territory
Commissioner.

(4) No establishment shall compel a person with disability to partly or fully pay the
costs incurred for reasonable accommodation.
4. Union Territory Committee for Research on Disability.- (1) The
Committee for Research on Disability at the Union Territory Level shall consist
of the following members, namely:-
(a) Administrative Secretary, Health and Medical Education Department,
Government of Jammu and Kashmir or Head of an Institution dealing in
the field of Science and Medical research to be nominated by the
Government of Jammu and Kashmir, ex officio-Chairperson;
(b) Representative from the Directorate of Health Services, Government of
Jammu and Kashmir – Member;
(c) Representative from Government Medical College Jammu/Srinagar,
preferably a doctor with disability- Member;
(d) 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 , to be nominated by the Government of
Jammu and Kashmir – Members:
Provided that at least one representative of the registered organizations is a
woman;

(e) Representative from an autonomous institution in the field of Disability

under the Government of Jammu and Kashmir - Member;
(f) Director Social Welfare Jammu/Kashmir – Member Secretary (as may be
notified by Social Welfare Department);
(2) The Chairperson may co-opt any expert in the subject matter of disability in
which the research is proposed.
(3) The term of office of the nominated members shall be for a period of three
years from the date on which they enter upon office but the nominated
members shall be eligible for re-nomination for one more term.
(4) One half of the members shall constitute the quorum of the meeting.
(5) The non-official members and special invitees shall be entitled for travelling
allowance and dearness allowance as admissible to a Group A or
equivalent officer of the Government of Jammu and Kashmir.
(6) The Committee shall be provided with such clerical and other staff as the
Government of Jammu and Kashmir may consider necessary.
5. Person with disability not to be a subject of research.- No person with

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 disability shall be considered to be a subject of research except when the
research involves physical impact on his body.
6. Procedure to be followed by Executive Magistrate.- For the purposes of
dealing with the complaints under section 7 of the Act, the Executive Magistrate
shall follow the procedure provided in sections 133 to 143 of the Code of
Criminal Procedure, 1973 (2 of 1974).

CHAPTER-III
LIMITED GUARDIANSHIP

7. Limited Guardianship.- (1) Chief Judicial Magistrate or on an application

filed by the person with disability, or through a blood relative or filed on
behalf of the person with disability through a Government organization or
a Registered organization under whose care the person with disability is
residing, shall grant the support of a limited guardian to take a legally binding
decision on behalf of the person with disability in consultation with such
person.
(2) Chief Judicial Magistrate, before granting the support of a limited guardian
for the person with disability shall satisfy itself that such a person is not in
a position to take legally binding decision on one’s own.
(3) Chief Judicial Magistrate shall hold hearings to determine the legal
capacity of the person with disabilities; During such hearings, the person
with disabilities shall be present. If required, expert opinion shall be
sought by the court to determine the legal capacity of the person with
disabilities.
(4) The validity period for limited guardianship as appointed under sub-rule
(1) shall be initially for a period of three years which can be further
extended by the Chief Judicial Magistrate as the case may be:
Provided that the Chief Judicial Magistrate shall follow the same procedure
while extending the validity of the limited guardianship as followed while
granting the initial guardianship.
(5) Chief Judicial Magistrate shall take a decision preferably within a period of
one month from the date of receipt of an application regarding grant of
limited guardianship or from the date of coming to its notice of the need
of such limited guardianship: Provided that the consent of the person to
act as a limited guardian shall also be obtained before grant of such
limited guardianship:
Provided that the Chief Judicial Magistrate shall follow the same procedure
while extending the validity of the limited guardianship as followed while
granting the initial guardianship.

(6) While granting the support of such limited guardianship, the Court shall
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 consider a suitable person to be appointed as a limited guardian in the
following preference of merit, namely:-
(a) The parents or adult children of the person with disability;
(b) Immediate brother or sister;
(c) Other Blood relatives or care givers or prominent personality of the
locality; and
(d) In case the family of the person with disability is not known,
Superintendent of the Government Institution or In charge of the
Registered organization under whose care the person with disability
is residing, may be considered.
(7) Only those individuals who are over the age of 18 years and who have
not been previously convicted of any cognizable offence as defined in the
Code of Criminal Procedure, 1973 (1 of 1974) shall be appointed as a
limited Guardian.
(8) The limited guardian appointed under sub-rule (1) shall consult the person
with disability in all matters before taking any legally binding decisions on
behalf of the person with disability.
(9) The appointed limited guardian shall ensure that the legally binding
decisions taken on behalf of the person with disability are in the interest
of the person with disability.
8. Appellate Authority. - The Appellate authority to appeal against any decision
of the Chief Judicial Magistrate for appointment of limited Guardian under sub-
rule (1) of rule 7, shall be the District Court.
9. Designated authority.- The Deputy Commissioners of the concerned District
Government of Jammu and Kashmir 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.

CHAPTER IV

EDUCATION

10. Appointment of Nodal Officer.- 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.
11. Terms and conditions of recognition of Educational institutions.- (1)
The terms and conditions of grant of recognition to the educational institutions
by the competent authority in the Union Territory may include the
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 requirements to comply with the provisions of section 16 of the Act.
(2) The Government of Jammu and Kashmir shall develop norms for
recognition of special schools run by the Government and private
institutions within one year of the notification of the rules.
(3) The Board of School Education Jammu and Kashmir shall develop training
courses and also facilitate training of teachers in basic Braille, sign
language and special education within one year of the notification of the
rules.
(4) The Board of School Education Jammu and Kashmir shall take steps to
develop the syllabus and learning materials, including material in braille,
audio and visual formats, that are required for imparting education to
children with special needs, within six months of the notification of these
rules.

CHAPTER V

EMPLOYMENT AND VACANCIES FOR PERSONS WITH BENCHMARK

DISABILITIES

12. Manner of publication of equal opportunity policy.- (1) Every

establishment shall publish equal opportunity policy for persons with
disabilities within a period of six months from the notification of these rules.
(2) The establishment shall display the equal opportunity policy preferably on their
website, failing which, at conspicuous places in their premises.
(3) The equal opportunity policy of a private establishment having twenty or more
employees and the Government establishments shall inter alia, contain the
following, namely:-
(a) Facilities and amenities to be provided to the persons with disabilities to
enable them to effectively discharge their duties in the establishment;
(b) list of posts identified suitable for persons with disabilities in the
establishment;
(c) the manner of selection of persons with disabilities for various posts,
post-recruitment and pre-promotion training, preference in transfer and
posting, special leave, preference in allotment of residential
accommodation if any, and other facilities;
(d) provisions for assistive devices, barrier-free accessibility and other provisions
for persons with disabilities;
appointment of liaison officer by the establishment to look after the
(e)
recruitment of persons with disabilities and provisions of facilities and
amenities for such employees.
(4) The equal opportunity policy of the private establishment having less than
twenty employees shall contain facilities and amenities to be provided to the
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 persons with disabilities to enable them to effectively discharge their duties in
the establishment.

13. Form and manner of maintaining records by the establishments.- (1)

Every establishment covered under sub-rule of rule 12, shall maintain records
containing the following particulars, namely:-
(a) the number of persons with disabilities who are employed and the date from
when they are employed;
(b) the name, gender and address of persons with disabilities;
(c) the nature of disability of such persons;
(d) the nature of work being rendered by such employed person with disability; and
(e) the kind of facilities being provided to such persons with disabilities.
(2) Every establishment shall produce records maintained under these rules, to
the District level Committee on Disability for inspection on demand and shall
supply such information which may be required for the purpose of
ascertaining whether the provisions have been complied with.

14. Manner of maintenance of register of complaints by the Government

establishments.- (1) Every Government establishment shall appoint an officer
not below the rank of a Gazetted Officer as Grievance Redressal Officer:
Provided that where it is not possible to appoint any Gazetted Officer, the
Government establishment may appoint the senior most Officers as a
Grievance Redressal Officer.

(2) The Grievance Redressal Officer shall maintain a register of complaints of

persons with disabilities with the following particulars, namely:-
(a) date of complaint;
(b) name of complainant;
(c) name of the person who is enquiring the complaint;
(d) place of incident;
(e) the name of establishment or person against whom the complaint is made;
(f) gist of the complaint;
(g) documentary evidence, if any;
(h) date of disposal by the Grievance Redressal Officer;
(i) details of disposal of the appeal by the district level committee; and
(j) any other information.

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15. Computation of vacancies.- (1) Every Government establishment in order
to give effect to the reservation provided to the Persons with Disability as
provided in section 34 of the Act read with SO-127 dated 20th April 2020
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:
Provided that the reservation in promotion shall be in accordance with the
instructions issued by the appropriate Government from time to time.

(2) Every Government establishment shall maintain a vacancy based roster for the
purpose of calculation of vacancies for persons with benchmark disabilities in
the cadre strength as per the instructions issued by the appropriate
Government from time to time.
(3) While issuing advertisement to fill up vacancies, every Government
establishment shall indicate the number of vacancies reserved for each class of
persons with benchmark disabilities in accordance with the provisions of
section 34 of the Act.
(4) The reservation for persons with disabilities in accordance with the provisions
of section 34 of the Act shall be horizontal and the vacancies for persons with
benchmark disabilities shall be maintained as a separate class.
16. Interchange of vacancies:- The Government establishment shall
interchange vacancies in accordance with the provisions of section 34 of the Act,
only if due process of recruitment to fill up the vacancies reserved for persons
with benchmark disabilities has been complied with.
17. Submission of Returns on vacancies:- Every Government
Establishment shall furnish returns on the vacancies as prescribed by the Central
Government in the Rights of Persons with Disability Rules, 2017.
18. Form in which Record to be kept by an employer:- Every
Government Establishment shall maintained the record of Employee with disabilities
as prescribed by the Central Government in the Rights of Persons with Disability
Rules, 2017.

CHAPTER VI

ASSISTANCE TO PERSONS WITH HIGH SUPPORT NEEDS

19.(1) Any person with bench mark Disability who is having High support needs
or any person or organization on behalf of such person with bench mark
disability may approach the District Social Welfare Officer of the district in
which he ordinarily resides, who shall refer the case to the Assessment Board
consisting of such members as may be prescribed by the Central Government.
(2) The Government of Jammu and Kashmir shall frame schemes to provide
assistance to persons with bench mark disabilities having High Support needs,
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 within six months of the notification of these rules wherein clear time limits
are set for provision of the assistance:

Provided that the schemes referred above, shall be framed after the Central
Government prescribes the constitution of the Assessment Board and the
manner of assessment.

CHAPTER VII

ACCESSIBILITY

20. Rules for Accessibility.- (1) Every establishment shall comply with the
following standards relating to physical environment, transport and
information and communication technology, namely :-
a. standard for public buildings as specified in the Harmonised Guidelines and
Space Standards for Barrier Free Built Environment for Persons with
Disabilities and Elderly Persons as issued by the Government of India,
Ministry of Urban Development in March, 2016;
b. standard for Bus Body Code for transportation system as notified by the
Government of India, Ministry of Road Transport and Highways, vide
notification number G.S.R. 895(E), dated the 20th September, 2016;
c. Information and Communication Technology,
i. website standard as specified in the guidelines for Indian
Government websites, as adopted by Department of
Administrative Reforms and Public Grievances, Government of
India;
ii. documents to be placed on websites shall be in Electronic
Publication (ePUB) or Optical Character Reader (OCR) based pdf
format:
(2) The respective Departments shall ensure compliance of the standards of
accessibility specified under this rule through the concerned domain regulators
or otherwise.

CHAPTER VIII

Certificate of Registration of Institution

21. The Joint Director in the Directorates of Social Welfare, Government of

Jammu and Kashmir shall be the competent authority under section 49 for
the purpose of registration of Institutions for Persons with Disabilities and
grants to such Institutions:

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 Provided that in case no person is occupying the post of Joint Director the
competent authority, shall be the person occupying the post next in the
hierarchy.

22. Application for, and grant of certificate of registration.- (1) A person

desirous of establishing or maintaining an institution for person with
disabilities may make an application in Form A to the competent authority
referred to in rule 21.
(2) Every application made under sub-rule (1) shall be accompanied with,
(a) documentary evidence of work or proposed work in the area of disability;
(b) the Constitution or bye laws or regulations governing the institution;
(c) audited Union Territoryment, annual report and details of grants received
if any in the last three years from the Government, preceding the date of
application;
(d) a Union Territoryment regarding total number of persons employed in the
Institution along with their respective duties;
(e) the number of professionals employed in the Institution;
(f) a Union Territoryment regarding qualifications of the professionals employed
by the Institution; and
(g) the proof of residence of the applicant.
(3) Every application made under sub rule (1) shall comply with the following
requirements in respect of the concerned institution, namely:-
(a) that the institution is registered under the Indian Societies Registration
Act, 1860 (XXI of 1860)/Indian Trust Act and a copy of such registration
certificate/trust deed along with the byelaws and memorandum of
association of the society shall accompany the application.
(b) that the institution has not been running to profit any individual or a body of
individuals;
(c) that the institution has employed professionals registered with the
Rehabilitation Council of India to cater to the special needs of Persons
with disabilities;
(d) that the institution has adequate teaching and learning material in
accessible format for the persons with disabilities;
(e) that the institution is working or proposing to work in the field of
rehabilitation of persons with disabilities on the date on which the
application is made.
(4) The certificate of registration under this rule, unless revoked under section
52 of the Act, shall remain in force for a period of five years from the date
on which it is granted or renewed.
(5) An application for the renewal of certificate of registration shall, be made in

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 the same manner as the application for grant of certificate under sub-rule
(1) accompanied with the previous certificate of registration and a Union
Territoryment that the applicant is applying for renewal of the certificate so
accompanied:
Provided that such application shall be made before sixty days of the expiry of
the validity of such certificate:

Provided further that the competent authority may consider application for
renewal of the certificate of registration after 60 days but not later than 120
days, if he is satisfied that sufficient reasons have been provided for such
delay.

(6) If the application for renewal of certificate of registration is made before its
expiry as specified in the proviso to sub-rule (5), the certificate of registration
shall continue to be in force until orders are passed on the application and
the certificate of registration shall be deemed to have expired if application
for its renewal is not made within sixty days as specified in the said proviso.
(7) Every application made under sub-rule (1) or sub rule (5), in which the
competent authority referred to in sub- section (1) of section 51 of the Act, is
satisfied that the requirements for grant of certificate of registration under
the Act and these rules have been complied with, shall be disposed of by it
within a period of ninety days thereafter.
(8) Form of issue of Certificate of Registration, refusal and revocation.-
(a) Upon making suitable enquires into the functioning of the organization and
being satisfied that the organization can be registered under the provisions of
section 51, the competent authority shall issue the Certificate of registration
to the organization in Form–B.
(b) The Competent authority may refuse to grant the certificate of Registration
after suitable enquires and the same shall be communicated to the
organization within a period of ninety days of its application for registration in
Form-C.
Provided that such communication shall be preceded by the granting of
opportunity to the applicant organisation to Union Territory its case before
the competent authority on a date not later than 15 days from the date of
issue of the letter intimating the grant of opportunity.

(c) A certificate of Registration granted under section 51 of the Act may be

revoked by the competent authority under provisions of sub-section (1) of
section 52 of the Act and such revocation shall be communicated to the
organization in Form –D.
23. Appeal against the order of competent authority:- Any person
aggrieved by the order of the competent authority referred to in sub-section
(1) of section 51 of the Act, refusing to grant a certificate of registration or
revoking a certificate of registration may, within thirty days from the date of
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 the order, prefer an appeal against that order to the Director, Social Welfare
Department Jammu/Kashmir who shall function as appellate authority under
sub-section (1) of section 53 of the Act. The Director, Social Welfare
Department Jammu/Kashmir as the case may be, may after such enquiry
into the matter as is considered necessary and after giving the appellant an
opportunity of hearings, make such order as deemed fit:
Provided that where an order is issued by the Director, Social Welfare, as the
competent authority, any appeal against such order shall be heard and
decided by the Administrative Secretary, Social Welfare Department.

CHAPTER IX

CERTIFICATE OF DISABILITY

24.Application for certificate of disability.- (1) Any person with specified

disability, may apply in Form -I for a certificate of disability, and submit the
application to,-
a. a medical authority or any other notified competent authority to issue such
a certificate in the district of residence of the applicant as mentioned in the
proof of residence in the application; or
b. the concerned medical authority in a government hospital where the person
with specified disability may be undergoing or may have undergone
treatment in connection with such disability:
Provided that where a person with disability is a minor or having intellectual
disability or any other disability which renders the person with disability unfit
or unable to make such an application, the application on behalf of the person
with disability may be made by the legal guardian of such a person with
disability or the authorized representative of a Government organization
having the person with disability under its care or any organization registered
under the Act having the person with disability under its care.

(2) The application shall be accompanied by,-

(a) proof of residence;
(b) two recent passport size photographs; and
(c) Aadhaar number or aadhaar enrollment number, if any.
Note.- No other proof of residence shall be demanded from the applicant who
has aadhaar or aadhaar enrollment number.

25.The Department of Health and Family Welfare, Government of Jammu and

Kashmir shall notify the certifying authorities who shall be competent to issue
a certificate of disability and the jurisdiction and terms and conditions subject
to which the certifying authority shall perform its certification functions as per
the provisions of sub- sections (1) and (2) of section 57 of the Act.

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26.Issue of certificate of disability.- (1) On receipt of an application under
rule 24, the medical authority or any other notified competent authority shall,
verify the information as provided by the applicant and shall assess the
disability in terms of the relevant guidelines issued by the Central Government
and after satisfying itself that the applicant is a person with disability, issue a
certificate of disability in favor of the applicant in Form II,III & IV as the case
may be.
(2) The medical authority shall issue the certificate of disability within a month
from the date of receipt of the application.
(3) The medical authority shall, after due examination,-
(i) issue a permanent certificate of disability in cases where there are no
chances of variation of disability over time in the degree of disability; or
(ii) issue a certificate of disability indicating the period of validity, in cases
where there is any chance of variation over time in the degree of
disability.
If an applicant is found ineligible for issue of certificate of disability, the medical
(4)
authority shall convey the reasons to the applicant in writing under Form V within
a period of one month from the date of receipt of the application.
27.Validity of Certificate issued under rule 26 .- A person to whom the
certificate is issued under rule 26 shall be entitled to apply for all facilities,
concessions and benefits admissible for persons with disabilities under
schemes of the Government and of non-Governmental organizations funded
by the Government.
28.Validity of certificate of disability issued under the repealed Act.-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.
29.Appeal against the decision of the authority issuing certificate of
disability.- (1) Any person aggrieved with the decision of the certifying
authority issuing the certificate of disability may within ninety days from the
date of the decision, prefer an appeal to the appellate authority as notified by
the Government of Jammu and Kashmir for the purpose under sub-section
(1) of section 59 of the Act in the following manner:-
a. The appeal shall contain brief background and the grounds for making the
appeal;
b. The appeal shall be accompanied by a copy of the order of rejection issued by
the certifying authority:
Provided that where a person with disability is a minor or having any
disability which renders the person with disability unfit to make such an
appeal, the appeal on behalf of the person with disability may be made by
his legal or limited guardian as the case may be.

(2) On receipt of such an appeal, the appellate authority shall provide the
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 appellant an opportunity to present the appellant’s case and thereafter
pass such reasoned and detailed order as it may deem appropriate.
(3) Every appeal preferred under sub-rule (1) shall be decided as
expeditiously as possible and not later than a period of sixty days from
the date of receipt of the appeal

CHAPTER X

JAMMU AND KASHMIR ADVISORY BOARD

30.Constitution of Union Territory Advisory Board and Allowances for

the Members thereof:-
(a)The Government of Jammu and Kashmir shall by notification constitute
Union Territory Advisory Board as per the composition provided under Section
66 of the Act which shall include elected representatives, official members as
ex-officio members besides non official members to be nominated by the
Government
(b) Non-official Members of the Union Territory Advisory Board on disability
shall be paid an allowance of rupees one thousand per day for each day of the
actual meetings of the said Board.
31. Notice of the Meeting.- (1) The meetings of the Union Territory Advisory
Board on disability constituted under sub-section (1) of section 66 of the Act
(hereinafter in this Chapter referred to as ‘the Board’) shall ordinarily be held
in the office/ Meeting hall of the Chairperson on such dates as may be fixed
by the Chairperson: Provided that it shall meet atleast once in every six
months.
(2) The Chairperson of the Board shall, upon the written request of not less
than ten members of the Board, call a special meeting of the Board.
(3) Fifteen clear days□ notice of an ordinary meeting and five clear days’
notice of a special meeting specifying the time and the place at which
such meeting to be held and the business to be transacted thereat, shall
be given by Member-Secretary of the Board to the members of the Board.
(4) Notice of a meeting may be given to the members of the Board by
delivering the same to them by messenger or sending it by registered post
to their respective last known places of residence or business or by email
or in such other manner as the Chairperson of the Board may, in the
circumstances of the case, thinks fit.
(5) No member of the Board shall be entitled to bring forward for the
consideration of the meeting any matter of which the member has not
given ten clear days’ notice to the Member Secretary of the Board, unless
permission is granted to the member to do so on the discretion of the
Chairperson of the Board.
(6) The Board may adjourn its meeting from day to day to day of to
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 any particular day as under
(a) Where a meeting of the Board is adjourned from day to day, notice of
such adjourned meeting shall be given, to the members of the Board
available at the place where the meeting which was adjourned was to
be held and it shall not be necessary to give notice of the adjourned
meeting to the rest of the members;
(b) Where a meeting of the Board is adjourned not from day to day but
from the day on which the meeting is to be held to another date, notice
of such meeting shall be given to all the members of the Board in the
manner as specified in sub-rule(4) .

32. Presiding Officer.- The Chairperson of the Board shall preside at every
meeting of the Board and in the absence of the Chairperson, the Vice-
Chairperson thereof shall preside, but when both the Chairperson and the
Vice-Chairperson of the Board are not present in the meeting, the
Chairperson may nominate any elected representative (member)/Senior
most official member to preside over the meeting. Where no such
nomination is provided, the members of the Board shall select one of the
members to preside at that meeting.

33. Quorum.- (1) One-third of the total members of the Board shall
form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any meeting
less than one-third of the total members of the Board are present, the
Chairperson thereof may adjourn the meeting to such hours on the
following or on some other future date as may be fixed by the Chairperson.
(3) No quorum shall be necessary for the adjourned meeting of the Board.
(4) No matter which had not been on the agenda of the ordinary or the special
meeting of the Board, as the case may be, shall be discussed at its
adjourned meeting.
(5) (a) Where a meeting of the Board is adjourned under sub-rule(2) for want
of quorum to the following day, notice of such adjourned meeting shall be
given to the members of the Board available at the place where the
meeting which was adjourned was to be held and it shall not be necessary
to give notice of the adjourned meeting to other members; and
(b) Where a meeting of the Board is adjourned under sub-rule(2) for want
of quorum not to the following day, but on a date with sufficient gap,
notice of such adjourned meeting shall be given to all the members of the
Board in the manner as specified in sub-rule (4) of rule 31.

34. Minutes.- (1) Record shall be kept of the names of all the members of the
Board who attended the meeting of the Board and of the proceedings at the
meetings in a book to be maintained for that purpose by the Member-
Secretary of the Board.
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 (2) The minutes of the previous meeting of the Board shall be read at the
beginning of every succeeding meeting, and shall be confirmed and signed
by the presiding officer at such meeting.
(3) The proceedings shall be open to inspection by any member of the Board at
the office of the Member-Secretary of the Board during office hours.
35. Business to be transacted at meeting.- Except with the permission of the
presiding officer, no business which is not entered in the agenda or of which
notice has not been given by a member under sub-rule (5) of rule 31 shall be
transacted at any meeting of the Board.
36. Agenda for the meeting of the Union Territory Advisory Board.- At
any meeting of the Board, 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 presiding officer:
Provided that either at the beginning of the meeting of the Board or after the
conclusion of the debate on a motion during the meeting, the presiding
officer or a member of the Board may suggest a change in the order of
business as entered in the agenda and if the Chairperson of the Board agrees,
such a change shall take place.

37. Decision by majority.- All questions considered at a meeting of the Board

shall be decided by a majority of votes of the members of the Board present
and voting and in the event of equality of votes, the Chairperson of the Board,
or in the absence of the Chairperson, the Vice-Chairperson of the Board or in
the absence of both the Member presiding at the meeting, as the case may
be, shall have a second or casting vote.
38. No proceeding to be invalid due to vacancy or any defect.- No
proceeding of the Board shall be invalid by reasons of existence of any
vacancy in or any defect in the constitution of the Board.
39. District level Committee.-(1) The District Level Committee on disability
referred to in section 72 of the Act, shall consist of the following persons,
namely:-
(i) District Magistrate/Deputy Commissioner,
concerned District ………………Ex- officio Chairperson
(ii) Chief District Medical Officer ………………………… Member;
(iii) Psychiatrist of a District Hospital……………………. Member;
(iv) Public Prosecutor of the District ……………………... Member;
(v) Assistant Labour Commissioner…………………….. Member
(vi) One Representative from each Local Body, ICDS Project, and Public Works
Department of the Government of Jammu and Kashmir…………….
Member
(vii) Representative of a Registered Organization having at least five years
Page 15 of 43
 experience of working in the field of
disability……………………….. Member

(viii) Person with disability as defined in clause(s) of section 2 of

the Act………………………………… Member
(ix) Any other member as invited by the
Chairperson…………………………… Member
(x) District Social Welfare Officer, concerned
District…………………………………………..Member Secretary

(2) The District Level Committee for each District shall be constituted by an order
issued by the Deputy Commissioner of the District and its tenure shall be for
a period of three years from the date of its constitution.
40. Functions of the Committee.- The District-Level Committee on disability
shall perform the following functions, namely:-
a. advise the District authorities on matters relating to rehabilitation and
empowerment of persons with disabilities;
b. monitor the implementation of the provisions of the Act and the rules;
c. assist the District authorities in implementation of schemes and
programmes of the Government for empowerment of persons with
disabilities;
d. look into the complaints relating to non- implementation of the provisions
of the Act by the District authorities and recommend suitable remedial
measures to the concerned authority to redress such complaints;
e. look into the appeal made by the employees of Government
establishments aggrieved with the action taken by the District level
establishments under sub-section (4) of section 23 of the Act and
recommend appropriate measures; and
f. any other functions as may be assigned by the Government of NCT of Jammu
and Kashmir.

CHAPTER XI

UNION TERRITORY COMMISSIONER FOR PERSONS WITH

DISABILITIES

41. Qualification for appointment of Union Territory Commissioner.–

A person shall not be qualified to be appointed as a Union Territory
Commissioner for Persons with Disability under sub-section (1) of section 79
of the Act unless the person:-
(i) has special knowledge or practical experience in respect of the matters

Page 16 of 43
 relating to rehabilitation of persons with disabilities;
(ii) has not attained the age of sixty years on the 1st January of the year in
which the last date for receipt of applications, as specified in the
advertisement inviting applications for appointment of the Union Territory
Commissioner, occurs;
(iii) if in service under the Central Government or a Union Territory
Government, shall seek retirement from such service before being
appointed to the post; and
(iv) possesses the following educational qualifications and experience, namely:-
(a) Educational qualifications:-
(i) Essential: Graduate from a recognized university;
(ii) desirable: recognized degree or diploma in social work or law or
management or human rights or rehabilitation or education of disabled
persons.
(b) Experience: at least twenty years experience in a Group 'A' level or equivalent
post:-
(i) in Central or Union Territory Government or
(ii) Public Sector Undertakings or Semi Government or Autonomous Bodies
dealing with disability related matters or social sector or
(iii) works in the capacity of a senior level functionary in a registered Union
Territory or national or international level voluntary organization
working in the field of disability or social development:
Provided that out of the total twenty years experience mentioned in
this sub-clause, at least ten years of experience in the recent past
had been in the field of empowerment of persons with disabilities.

42. Mode of appointment of the Union Territory Commissioner.-

(1) At least six months before the post of Union Territory Commissioner is
due to fall vacant, an advertisement shall be published in at least two
national or Union Territory level daily newspapers, one in English and
the other in the vernacular language inviting applications for the
post from eligible candidates fulfilling the criteria mentioned in rule 41.
(2) A Search-cum-Selection Committee shall be constituted by the
Government of Jammu and Kashmir to recommend to it a panel of three
suitable candidates for the post of the Union Territory Commissioner.
(3) Composition of the Search-cum-Selection Committee.- The Search cum
Selection committee shall be headed by the Chief Secretary and shall
consist of Administrative Secretary, Social Welfare Department, Health &
Family Welfare Department, School Education Department and Divisional
Commissioner Jammu/Kashmir.
(4) The panel recommended by the Search-cum-Selection Committee under
Page 17 of 43
 sub-rule (2) may consist of persons from amongst those who have
applied in response to the advertisement made under sub-rule (1) as well
as from other willing eligible persons in the employment of Central or
Union Territory Government whom the Committee may consider suitable.
(5) The Government of Jammu and Kashmir shall appoint one of the
candidates out of the panel recommended by the Search-cum-Selection
Committee under sub-rule (2) as the Union Territory Commissioner.
43. Term of the Union Territory Commissioner.- (1) The Union Territory
Commissioner shall be appointed on full-time basis for a period of three years
from the date of assumption of office, or till the attainment of the age of
sixty-five years, whichever is earlier.
(2) A person may serve as Union Territory Commissioner for a maximum of
two terms, subject to the upper age limit of sixty-five years.

44. Salary and allowances of the Union Territory Commissioner.- (1) The
salary and allowances of the Union Territory Commissioner shall be the
salary and allowances as admissible to a Secretary to the Government of
Jammu and Kashmir.
(2) Where a Union Territory Commissioner, being a retired government servant
or a retired employee of any institution or autonomous body funded by the
Central or Union Territory Government, is in receipt of pension in respect of
such previous service, the salary admissible to the Union Territory
Commissioner under these rules shall be reduced by the amount of the
pension, and if in lieu of a portion of the pension, the commuted value
thereof has been received, by the amount of such commuted portion of the
pension.

45. Other terms and conditions of service of the Union Territory

Commissioner.- The other terms and conditions of service of Union
Territory Commissioner shall be such as specified below, namely:
a. Leave: The Union Territory Commissioner shall be entitled to such
leave as is admissible to Group ‘A’ officer under the relevant
provisions of the Union Territory Civil Service Rules applicable on them.
b. Leave Travel Concession: The Union Territory Commissioner shall be
entitled to such Leave Travel Concession as is admissible to Group 'A'
officers under relevant provisions of the Union Territory Civil Service
Rules applicable on them.
c. Medical Benefits: The Union Territory Commissioner shall be entitled to
such medical benefits as is admissible to Group 'A' officers under the
relevant provisions of the Union Territory Civil Service Rules applicable
on them.
46. Resignation and removal.- (1) The Union Territory Commissioner may
resign from the post by giving a notice in writing, addressed to the
Page 18 of 43
 Government of Jammu and Kashmir .
The Government of Jammu and Kashmir shall remove the person
(2)
appointed to the office of the Union Territory Commissioner, if the person:-
(a) becomes an undischarged insolvent or;
(b) engages during the term in office in any paid employment or activity outside
the duties of the office; or
(c) is convicted and sentenced to imprisonment for an offence which in the
opinion of the Government of Jammu and Kashmir involves moral
turpitude; or
(d) is in the opinion of the Government of Jammu and Kashmir, unfit to
continue in office by reason of serious default in the performance of
functions of the Union Territory Commissioner as laid down in the Act;
or
(e) without obtaining leave of absence from the Government of Jammu
and Kashmir remains absent from duty for a consecutive period of
fifteen days or more; or
(f) has, in the opinion of the Government of Jammu and Kashmir so
abused the position of the Union Territory Commissioner as to render
continuance in the office detrimental to the interest of persons with
disability: Provided that no Union Territory Commissioner shall be
removed from office under this rule except after following the
procedure, mutatis mutandis, applicable for removal of a Group 'A'
officer of the Government of Jammu and Kashmir.
(3) The Government of Jammu and Kashmir may suspend a Union Territory
Commissioner, in respect of whom proceedings for removal have been
commenced in accordance with sub-rule (2), pending conclusion of such
proceedings.
47. Residuary provision.- The other conditions of service of the Union Territory
Commissioner, in respect of which no express provision has been made in
these rules, shall be determined by the rules and orders for the time being
applicable to the Secretary to the Government of Jammu and Kashmir.
48. Advisory Committee to assist the Union Territory Commissioner.-
(1) The Government of Jammu and Kashmir shall appoint an Advisory
Committee comprising five experts to represent each of the five groups of
specified disabilities mentioned in the Schedule to the Act, of whom two
shall be women.
(2) The Union Territory Commissioner may invite subject or domain expert
as per the need who shall assist the Union Territory Commissioner in
meeting or hearing and in preparation of the report.
(3) The tenure of the members of the Advisory Committee shall be for a
period of three years and the members shall not be eligible for re-
Page 19 of 43
 nomination.
(4) The non-official members of the Advisory Committee shall be paid an
allowance of rupees one thousand per day for each day of the actual
meeting.
49. Procedure to be followed by Union Territory Commissioner.-
(1) A complainant may present a complaint containing the following
particulars in person or through an agent to the Union Territory
Commissioner or send it by registered post or by email addressed to the
Union Territory Commissioner, namely:-
a. the name, description and the address of the complainant;
b. the name, description and the address of the opposite party or parties, as
the case may be, so far as they may be ascertained;
c. the facts relating to complaint and when and where it arose;
d. documents in support of the allegations contained in the complaint; and
e. the relief which the complainant claims.
(2) The Union Territory Commissioner on receipt of a complaint shall refer a copy
of the complaint to the opposite party or parties mentioned in the complaint
directing to submit their version of the case within a period of thirty days or
such extended period not exceeding fifteen days as may be granted by the
Union Territory Commissioner.
(3) On the date of hearing or any other date to which hearing could be
adjourned, the parties or their agents shall appear before the Union Territory
Commissioner.
(4) Where the complainant or the complainant’s agent fails to appear before the
Union Territory Commissioner on such days, the Union Territory
Commissioner may either dismiss the complaint on default or decide on
merits.
(5) Where the opposite party or the opposite party’s agent fails to appear on the
date of hearing, the Union Territory Commissioner may take such necessary
action under section 82 of the Act as he deems fit for summoning and
enforcing the attendance of the opposite party.
(6) The Union Territory Commissioner may dispose of the complaint ex-parte, if
necessary.
(7) The Union Territory Commissioner may on such terms as deemed fit and at
any stage of the proceedings, adjourn the hearing of the complaint.
(8) The Union Territory Commissioner shall decide the complaint as far as
possible within a period of three months from the date of receipt of notice by
the opposite party.
50. Submission of annual reports.- (1) The Union Territory Commissioner
shall as soon as may be possible after the end of the financial year, but not
Page 20 of 43
 later than the 30th day of September in the next year ensuing, prepare and
submit to the Government of Jammu and Kashmir, an annual report giving a
complete account of activities of the office of the Union Territory
Commissioner during the said financial year.
(2) In particular, the annual report referred to in sub-rule (1) shall be in the
form so that the details of separate matters be provided under separate
heads inter-alia containing therein information in respect of each of the
following matters, namely:-
(a) names of officers and employees in the office of the Union Territory
Commissioner and a chart showing the organizational set up;
(b) the functions which the Union Territory Commissioner has been
empowered with under the Act and the highlights of the performance in
this regard;
(c) the main recommendations made by the Union Territory Commissioner;
(d) progress made in the implementation of the Act in the
Government of Jammu and Kashmir ; and
(e) any other matter deemed appropriate for inclusion by the Union
Territory Commissioner or specified by the Government of Jammu and
Kashmir from time to time to be included in the report.

CHAPTER XII
PUBLIC PROSECUTOR

51. Appointment of Public Prosecutor.- (1) The Public Prosecutor to be

appointed under section 85 of the Act in every Special Court shall have,-
a. practical experience of handling cases preferably of persons with disabilities;
b. experience at the Bar of not less than seven years; and
c. shall be well versed with local language and customs.
(2) The fee and other remunerations of the Special Public Prosecutor specified
or appointed under sub- section (1) of section 85 of the Act shall be such
as may be notified by the appropriate Government.

CHAPTER XIII

UNION TERRITORY FUND FOR PERSONS WITH DISABILITIES

52. Union Territory Fund for Persons with Disabilities and its
management.- (1) There shall be credited to the Union Territory Fund for
persons with disabilities hereinafter referred to as ‘ the Union Territory Fund -
a. all sums received by Union Territory Commissioner by way of grant, gifts,
donations, benefactions, bequests or transfers;

Page 21 of 43
 b. all sums received from the Government of Jammu and Kashmir
including grants- in-aid; and
c. all sums received from Corporate houses/ PSUs under CSR or from such
other sources as may be decided by the Government of Jammu and
Kashmir.
d. All sums received from the Government of Jammu and Kashmir by way
of ‘Permanent Corpus’
(2) There shall be a governing body consisting of following members to manage the
Union Territory Fund, namely:-
(a) Administrative Secretary, Department of Social Welfare - Chairperson;
(b) One representative from the Department of Finance
(c) One representative from the Department of Planning Development and
Monitoring Department.
(d) One representative of the Department of Health and Family Welfare,
(e) One representative of the Department of School Education.
(f) One representative of the Department of Rural Development,
(g) One representative of the Department of Housing & Urban Development,
(not below the rank of a Additional Secretary)……………………..Members;
(h) two persons representing different types of disabilities to be nominated
by the Government of Jammu and Kashmir, by rotation – Members;
(i) Director(s), Social Welfare Jammu/ Kashmir – Convener and Chief
Executive Officer(as may be notified by the UT Government).
(3) The governing body shall meet as often as necessary, but at least once in every
financial year.
(4) The nominated members shall hold office for not more than three years.
(5) No member of the governing body shall be a beneficiary of the Fund
during the period such Member holds office.
(6) The nominated non-official members shall be eligible for payment of travelling
allowance and dearness allowance as admissible to a Group A officer of the
Government of Jammu and Kashmir for attending the meetings of the
governing body.
(7) No person shall be nominated under clause (b) and (c) of sub-rule 2 as a member
of the governing body who-
(a) is, or has been, convicted of an offence, which in the opinion of the
Government of Jammu and Kashmir involves moral turpitude; or
(b) is, or at any time has been, adjudicated as an insolvent.
53. Utilization of the Union Territory Fund.- (1) The Union Territory Fund
shall be utilized for the following purposes, namely:-
a. financial assistance in the areas which are not specifically covered
under any scheme and programme of the Government of Jammu and
Kashmir;
Page 22 of 43
 b. administrative and other expenses of the Fund, as may be required to
be incurred by or under the Act; and
c. such other purposes as may be decided by the governing body.
(2) Every proposal of expenditure shall be placed before the governing body for its
approval.
(3) The governing body may appoint secretarial staff includin
accountants with such terms and conditions as it may think appropriate to
look after the management and utilization of the Union Territory Fund
based on need based requirement.
(4) The Union Territory Fund shall be invested in such manner as may be decided by
the governing body.
54. Budget.- The Chief Executive Officer of the Union Territory Fund shall
prepare the budget for incurring expenditure under the Union Territory Fund
in each financial year showing the estimated receipt and expenditure of the
Fund, in January every year and shall place the same for consideration of the
governing body.
55. Annual Report.- The annual report prepared by the Union Territory
Commissioner for persons with Disabilities shall include a chapter on the
Union Territory Fund.

By Order and in the Name of

Lieutenant Governor of
Jammu and Kashmir,

Page 23 of 43
 FORM- A

Application for Certificate of Registration

[See rule 22(1) of Jammu and Kashmir Rights of Persons with

Disabilities Rules, 2020]

(1) Name of the Organization :

(2) Institution/ Project in respect of which application is made :

a. Address & Ph. No. (Registered Office ) :

b. Name of Project Office :

c. Address (Project Office) :

_

d. Phone /Fax/Telex/(Office)/email id :

(3) (i) Name of the Act under which the organization is registered:
(ii) Registration No. and date of registration: _

(Please attach a photocopy)

(4) Memorandum of Association and Bye-laws of the organization:

(Please attach a photocopy)
(5) Name, address, occupation and other particulars of the members of the
Board of Management/Governing Body of the organization:
(6) Present Activities of the Organization:

(7) List of documents to be attached:

(a) A copy of the annual reports for the last three years,
(b) Audited Statement of accounts (receipt and payment , income and
expenditure and Balance sheet) for the last three financial years duly
certified by Chartered Accountant with membership no. and seal.
(8) Nature of the organization:
(Please indicate precisely whether it is educational or training or residential
institution or a workshop for visually/ hearing impaired/physically
challenged/mentally Challenged persons, etc.)
Page 24 of 43
 (9) Whether the institution is located in its own building /Rented building/
building allotted by any agency): (Necessary evidence to be attached).

(10) If hostel is maintained, then number of hostellers :

(11) Details of barrier free environment for persons with disabilities :
(a) Area of the Building _
(b) Rooms available for activities/residential use

(c) Rooms for administrative use:

(d) No. of accessible toilets
(e) Other accessible features available (lift/ramp/tactile path/railing): _ _
(f) Whether accessible transport facility available:
If yes, give details :
(12) Details of staff employed by the institution in following format;

Name M/F Age Educational Address Contact Responsibilit Salary Aadhaar RCI
y
Qualification Details No. registration
no.
(enclosed
copy of RCI
registration
certificate)

Note: In case of foreign volunteers, verification of credentials and criminal

record from country of origin or birth through the police is mandatory.

Details of covered /proposed beneficiaries to be covered by the institution

(13)
and nature of disability in following format;

Sl.No Name Father’s M/F Age Addres Contact Type of Aadhaa

. name s Details Disability r No.

(Name, Designation and signature of the authorized

signatory with seal )

Page 25 of 43
 Form-B

Government of Jammu and Kashmir

Department of Social Welfare,

Certificate of Registration

[Issued under the provision of rule 20(8)(a) of Jammu and Kashmir Rights of
Persons with Disabilities Rules, 2020]

Registration No. ……………………… Date:

Certified hereby that _(Name of the NGO)as registered

under Society Registration Act, 1860 /Trust Act has completed all the formalities
and procedures for issuance of registration certificate under sub –section( 2) of
section 51 of the Rights of Persons with Disabilities Act, 2016.

This registration certificate issued on date is valid till date_ .

1. Name and registered address of the organization:

2. Name and address of the branch/projects of the organization:

3. Full Name and Address of the Authorized representative of the Organization :_

This registration certificate is issued on Day _ Month Year

by the authorized signatory
/competent authority of the Department of Social Welfare, Government of
Jammu and Kashmir subject to compliance of the Terms and Conditions laid
down herein, by the authorized representative of the organization.

The holder of the certificate of Registration shall apply for renewal of the
certificate not less than sixty days before the date of expiry of the period of
validity.

Page 26 of 43
 Signature and Seal of the Competent Authority
Department of Social Welfare, Government of
Jammu and Kashmir

Terms and Conditions of Registration Certificate

(1) The holder of this Certificate of Registration shall provide the beneficiaries of the
organization with :-
(a) Adequate accessible accommodation and accessible sanitary conditions.
(b) Proper medical care and treatment.
(c) Facilities for recreation.
(d) Education and vocational or professional training.
(2) Residential premises, if any, for girls shall be separate from residential premises
for boys.
(3) The holder of this Certificate of Registration shall not employ or shall allow
others to employ any beneficiary of the organization for any private
purposes whether of own or others.
(4) The incharge/Project Manager shall maintain a visitor’s book, which shall
contain the records of visit to the organization by the competent authority
or any person authorized by it to inspect the organization. The
incharge/Project Manager shall furnish to the competent authority a copy of
remarks if any recorded in the said book within seven days from the date of
visit, as also compliance report if any.
(5) The holder of this Certificate of Registration shall facilitate inquiry in
accordance with provisions of the Rights of Persons with Disabilities Act
2016 by the Competent Authority or any person authorized by it.
(6) The certificate shall be exhibited in a conspicuous place in the office of the
incharge/Project Manager.
(7) Any change in the office bearers shall be immediately intimated to the
Competent Authority and the concerned District Social Welfare Officer.
(8) The holder of this Certificate of Registration shall ensure the safety and
security of the beneficiaries against all forms of abuse, violence and
exploitation as per Section 6 & 7 of the Rights of Persons with Disabilities
Act’ 2016.
(9) The holder of this certificate should ensure that in case of foreign
volunteers, verification of credentials and criminal record from country of
origin or birth through the police has been conducted and verified before
giving permission for visit/stay in the institution/homes.
Page 27 of 43
(10) The holder of this Certificate of Registration shall ensure adequate safety
measure against man made /natural disasters such as fire, earthquake,
flood etc.

(11) The holder of this Certificate of Registration shall abide by the conditions of
this Certificate of Registration and the provisions of the Rights of Persons
with Disabilities Act’ 2016 and the rules/regulations and orders made there
under.

Page 28 of 43
 Form-C

Government of Jammu and Kashmir

Department of Social Welfare

Refusal to grant Certificate of Registration

[Issued under the provision of rule 20(8)(b) of the Jammu and Kashmir Rights
of Persons with Disabilities Rules, 2020]

Date:……………

Whereas Sh. --------------( Authorized representative ) of the organization-(Name and

registered address of the organization)---------------------------------- has applied for
issuance of registration certificate under sub –section( 2) of section 51 of the Rights of
Persons with Disabilities Act, 2016 for the project (Name and address of the
branch/projects of the organization)---------------------------------, and whereas the
competent authority, not being satisfied upon causing enquiries to be made about the
eligibility of the organization for such issuance due to the following deficiencies:

1.

2.

3.

hereby refuses to grant such certificate of registration under sub rule (8) of rule
20 of the Jammu and Kashmir Rights of Persons with Disabilities Rules 2020 and
directs that a fresh application be submitted through authorized representative of
the organization after removal of the said deficiencies.

Signature and Seal of the

Competent Authority Department of Social
Welfare, Government of Jammu and Kashmir

Form-D

Page 29 of 43
 Government of Jammu and Kashmir
Department of Social Welfare

Revocation of Certificate of Registration

[Issued under the provision of Rule 20(8)( c) of the Jammu and Kashmir Rights
of Persons with Disabilities Rules, 2020]

Date:

Whereas Sh -------------- ( Authorized representative ) of the organization- (Name and

registered address of the organization)---------------------------------- had applied for
issuance of / renewal of registration certificate under sub – section( 2) of section 51 of
Rights of Persons with Disabilities Act, 2016 for the project (Name and address of the
branch/projects of the organization )---------------------------------, and whereas the
competent authority, had issued the certificate of Registration under the relevant
provisions of the Act and Rules on date------------- and whereas now, the competent
authority has reason to believe that the holder of the certificate of Registration had-

a)made a statement in relation to the application for the issue / renewal of the
registration certificate under sub section(1) of Section 51 of the Rights of Persons
with Disabilities Act 2016 , which is incorrect or false in material particulars: or
b) committed or has caused to be committed breach of rules or Terms and
conditions subject to which the certificate was granted.
Now therefore revokes the certificate of Registration granted to the organization
under the provision of sub rule(8) of rule 20 of the Jammu and Kashmir Rights of
Persons with Disabilities Rules 2020.

Signature and Seal of the

Competent Authority Department of Social
Welfare, Government of Jammu and Kashmir

Page 30 of 43
 FORM- I

Application for Obtaining Certificate of Disability by Persons with Disabilities

[See Rule 24(1) of Jammu and Kashmir Rights of Persons with Disabilities
Rules, 2020

(1) Name: _ _
(First Name ) (Middle Name) (Surname)

(2) Father's Name : Mother's Name: _

(3) Date of Birth : _ _/ /_
(Date) (Month) (Year)

(4) Age at the time of application : years

(5) Sex: Male/Female/Transgender: _
(6) Address:
(a) Permanent address (b) Current Address (i.e. for communication)

(c) Period since when residing at current address: _ _

(7) Educational Status (please tick as applicable)

(i) Post Graduate
(ii) Graduate
(iii) Diploma
(iv) Higher Secondary
(v) High School
(vi) Middle
(vii) Primary
(viii) Non-literate
(8) Occupation: _

Page 31 of 43
 (9) Identification marks: (i)
(10) Nature of disability :
(11) Period since when disabled: From Birth/since year:

(12) (i) Did you ever apply for issue of a certificate of disability in the past
(ii) If yes, details:
(a) Authority to whom and district in which applied : (yes/no)
(b) Result of application : _ _
(13) Have you ever been issued a certificate of disability in the past? If yes, please
enclose a true copy.
_

Declaration: I hereby declare that all particulars stated above are true to the
best of my knowledge and belief, and no material information has been concealed
or misstated . I further Union Territory that if any inaccuracy is detected in the
application, I shall be liable to forfeiture of any benefits derived and other action
as per law.

(signature or left thumb impression of person with disability, or of his/her legal

guardian in case of persons with intellectual disability, autism, cerebral palsy and
multiple disabilities, etc)

Date :

Place:

Enclosures:

1. Proof of residence (Please tick any one, as applicable).

(a) Ration card,
(b) Voter identity card,
(c) Driving license,
(d) Bank passbook,
(e) PAN card,
(f) Passport,
(g) Telephone, electricity, water and any other utility bill indicating the
address of the applicant,
(h) A certificate of residence issued by a Panchayat, municipality,
cantonment board, any gazetted officer, or the concerned Patwari or

Page 32 of 43
 Head Master of a Government school,
(i) In case of an inmate of a residential institution for persons with
disabilities, destitute, mentally ill, and other disability, a certificate of
residence from head of such institution.
(j) Aadhaar number or Aadhaar enrollment number, if any.
2. Two recent passport size photographs
-------------------------------------------------------------------------------------

(For office use only)

Date:

Place: Signature of issuing authority

Stamp

Page 33 of 43
 Form-II

Certificate of Disability

(In cases of amputation or complete permanent paralysis of limbs or dwarfism

and in case of blindness)

[See Rule 24(1) of Jammu and Kashmir Rights of Persons with Disabilities Rules, 2020

(Name and Address of the Medical Authority issuing the Certificate)

Recent passport size

attested photograph

(Showing face only) of

the person with
disability.

Certificate No. Date:

This is to certify that I have carefully examined

Shri/Smt./Kum. _son/wife/daughter of S h r i _ Date of Birth
(DD/MM/YY) _ Age _ years, male/female _ registration No. _
_permanent resident of House No. _ Ward/Village/Street _ Post Office
_ District _ Union Territory , whose photograph is affixed above, and am
satisfied that:

(A) he/she is a case of:

 locomotor disability
 dwarfism
 blindness
(Please tick as applicable)

(B) the diagnosis in his/her case is ………….

(C) He/She has % (in figure) percent (in words)…………… permanent locomotor
Disability/Dwarfism/ Blindness/in relation to his/ her …………..(Part of body) as per
guidelines (………………..Number and date of issue of guidelines to be specified)

Page 34 of 43
(D) The
applicant has submitted the following documents as proof of residence:-
Nature of Document Date of Issue Details of Authority issuing
Certificate

(Signature and Seal of Authorized Signatory of

notified Medical Authority)

Signature / thumb
impression of the person
in whose favour
certificate of disability is
issued

Page 35 of 43
 Form - III

Certificate of Disability

(In cases of multiple disabilities)

[See Rule 24(1) of Jammu and Kashmir Rights of Persons with Disabilities Rules 2020

Recent passport size

attested photograph

(Showing face only) of the

person with disability.

(Name and Address of the Medical Authority issuing the Certificate)

Certificate No. Date:

This is to certify that we have carefully examine Shri/Smt./Kum.

son/wife/daughter of Shri

Date of Birth (DD/MM/YY) _ Age years, male/female…………..Registration

No. …………. permanent resident of House
No………………Ward/Village/Street _ Post Office _ District _ Union
Territory………………._, whose photograph is affixed above, and am satisfied
that:

(A)he/she is a case of Multiple Disability. His/her extent of permanent

physical impairment/disability has been evaluated as per guidelines
(……………number and date of issue of the guidelines to be specified) for
the disabilities ticked below, and is shown against the relevant disability in
the table below:
S. No. Disability Affected Diagnosi Permanent physical
part of s impairment/mental disability
body (in
%)
1 Locomotor
. disability
2 Muscular
. Dystrophy
3 Leprosy cured
.

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 4 Dwarfism
.
5 Cerebral Palsy
.
6 Acid attack Victim
.
7. Low vision
8. Blindness
9. Deaf
10. Hard of Hearing
11. Speech and
Language
disability
12. Intellectual Disability
13. Specific Learning
Disability
14. Autism Spectrum
Disorder
15. Mental illness
16. Chronic Neurological
Conditions
17. Multiple sclerosis
18. Parkinson’s disease
19. Haemophilia
20. Thalassemia
21. Sickle Cell disease

(B)In the light of the above, his/her over all permanent physical impairment as
per guidelines ( .......................................................................... number
and date
of issue of the guidelines to be
specified), is as follows : - In
figures -------------- percent

In words -------------------------------------------------- percent

2. This condition is progressive/non-progressive/likely to improve/not likely to

improve.
3. Reassessment of disability is :
(i) not necessary or
(ii) is recommended/after ............... years ................ months, and

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 therefore this certificate shall be valid till ----(DD/MM/YY)

e.g. Left/right/both arms/legs

e.g. Single eye
e.g. Left/Right/both ears

4. The applicant has submitted the following document as proof of residence:-

Nature of document Date of issue Details of authority issuing

certificate

2. Signature and seal of the Medical Authority.

Name and Seal of Member Name and Seal of Member Name and Seal of the
Chairperson

Signature/thumb impression of the

person in whose favour certificate of
disability is issued

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 Form –IV

Certificate of Disability

(In cases other than those

mentioned in Forms II and III) (Name
and Address of the Medical Authority
issuing the Certificate)

(See Rule 24(1) of Jammu and Kashmir Rights of Persons with

Disabilities Rules, 2020

Recent passport
size attested
photograph
(Showing face only)
of the person with
disability

Certificate No. Date:

This is to certify that I have carefully examined Shri/Smt/Kum

son/wife/daughter of Shri _ Date of Birth (DD/MM/YY) Age _ years,

male/female _ Registration No. permanent resident of House

No. _Ward/Village/Street Post Office
District______Union Territory , whose photograph is
affixed above, and am satisfied that he/she is a case of _
disability. His/her extent of percentage physical impairment/disability has been
evaluated as per guidelines (number and date of issue of the guidelines to be
specified) and is shown against the relevant disability in the table below:-

S. Disability Affecte Diagnosis Permanent physical

No. d part impairment/mental disability
of body (in %)
1. Locomotor disability

2. Muscular Dystrophy

3. Leprosy cured

4. Cerebral Palsy

5. Acid attack Victim

Page 39 of 43
 6. Low vision

7. Deaf

8. Hard of Hearing

9. Speech and
Language disability

10. Intellectual
Disability
11. Specific Learning
Disability
12. Autism Spectrum
Disorder
13. Mental illness
14. Chronic
Neurological
Conditions
15. Multiple sclerosis
16. Parkinson’s disease
17. Haemophilia
18. Thalassemia
19. Sickle Cell disease
(Please strike out the disabilities which are not applicable)

2. The above condition is progressive/non-progressive/likely to improve/not likely

to improve.
3. Reassessment of disability is:
(i) not necessary, or
is recommended/after
(ii) years months, and
therefore this certificate shall be valid till (DD/MM/YY) _ _
eg. Left/Right/both arms/legs

eg. Single eye/both eyes

eg. Left/Right/both ears

4. The applicant has submitted the following document as proof of residence:-

Page 40 of 43
 Nature of document Date of issue Details of authority
issuing certificate

(Authorized Signatory of notified Medical Authority)

(Name and Seal)
Countersigned
Signature/thumb {Countersignature and seal of the Chief Medical
impression of the Officer/Medical Superintendent/ Head of Government
person in whose
Hospital, in case the Certificate is issued by a medical
favour certificate of
authority who is not a Government servant (with seal)}
disability is issued

In case this certificate is issued by a medical authority who is not a Government

servant, it shall be valid only if countersigned by the Chief Medical Officer
of the District.

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 FORM - V

[Intimation of rejection of Application for Certificate of Disability]

[See Rule 24 (4) of Jammu and Kashmir Rights of Persons with

Disabilities Rules, 2020

No. _Dated :

To,

(Name and address of applicant for Certificate of Disability)

Sub: Rejection of Application for Certificate of Disability

Sir/ Madam,

Please refer to your application dated _ for issue of a Certificate of

Disability for the following disability:……………………
2. Pursuant to the above application, you have been examined by the
undersigned/ Medical Authority on………………………_
, and I regret to inform that, for the reasons mentioned below, it is not
possible to issue a Certificate of Disability in your favour:
(i)
(ii)
(iii)

3. In case you are aggrieved by the rejection of your application,

you may represent to ………………………………., requesting for review of this
decision.

Yours faithfully,
(Authorized Signatory of the notified
Medical Authority) Name and seal

___________________________________________________________________

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