Ministry of Law and Justice--(Legislative Department)

© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2017 [Price: Rs. 24.00 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No.20] CHENNAI, WEDNESDAY, MAY 17, 2017 Vaikasi 3, Hevilambi, Thiruvalluvar Aandu – 2048 Part IV—Section 4 CENTRAL ACTS AND ORDINANCES CONTENTS Pages. Acts: No. 21 of 2016—The Sikh Gurdwaras (Amendment) Act, 2016.. .. 108 No. 23 of 2016—The Repealing and Amending Act, 2016.. .. .. 109-122 No.24 of 2016—The Constitution (Scheduled Castes) Order (Amendment) Act, 2016 .. .. .. .. 123-124 No. 25 of 2016—The Mines and Minerals (Development and Regulation) Amendment Act, 2016 .. .. .. .. 125-126 No. 48 of 2016—The Taxation Laws (Second Amendment) Act, 2016 .. 127-132 No. 49 of 2016—The Rights of Persons with Disabilities Act, 2016 .. 133-165 DTP IV-4-20—1 [ 107 ]108 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 6th May, 2016 / Vaisakha 16, 1938 (Saka) The following Act of Parliament received the assent of the President on the 5th May, 2016, and is hereby published for general information:— THE SIKH GURDWARAS (AMENDMENT) ACT, 2016 No. 21 of 2016 [5th May, 2016.] An Act further to amend the Sikh Gurdwaras Act, 1925. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follow:— Short title, 1. (1) This Act may be called the Sikh Gurdwaras (Amendment) Act, 2016. and commence- (2) It shall be deemed to have come into force from 8th October, 2003. ment. Amendment 2. In the Sikh Gurdwaras Act, 1925 (hereinafter referred to as the principal Act), in Punjab Act of section section 49, for the proviso, the following proviso shall be substituted, namely:— VIII of 1925. 49. “Provided that no person shall be registered as an elector who— (a) trims or shaves his beard or keshas; (b) smokes; and (c) takes alcoholic drinks.”. Amendment of 3. In section 92 of the principal Act, for the proviso, the following proviso shall be section 92. substituted, namely:— “Provided that no person shall be registered as an elector who— (a) trims or shaves his beard or keshas; (b) smokes; and (c) takes alcoholic drinks.”. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. (Re-published by order of the Governor) A. ARUNAGIRI, Additional Secretary to Government, Law Department.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 109 New Delhi, the 9th May, 2016/Vaisakha 19, 1938 (Saka) The following Act of Parliament received the assent of the President on the 6th May, 2016, and is hereby published for general information:— THE REPEALING AND AMENDING ACT, 2016 No. 23 OF 2016 [6th May, 2016.] An Act to repeal certain enactments and to amend certain other enactments. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 1. This Act may be called the Repealing and Amending Act, 2016. Short title. 2. The enactments specified in the First Schedule are hereby repealed to the extent Repeal of mentioned in the fourth column thereof. certain enactments. 3. The enactments specified in the Second Schedule are hereby amended to the Amendment extent and in the manner mentioned in the fourth column thereof. of certain enactments. 4. The repeal by this Act of any enactment shall not affect any other enactment in which Savings. the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. THE FIRST SCHEDULE (See section 2) REPEALS Year No. Short title Extent of repeal 1 2 3 4 1863 16 The Excise (Spirits) Act, 1863 So much as is not repealed. 1874 4 The Foreign Recruiting Act, 1874 So much as is not repealed. 1875 18 The Indian Law Reports Act, 1875 So much as is not repealed. 1879 6 The Elephants Preservation Act, 1879 So much as is not repealed. 1890 13 The Excise (Malt Liquors) Act, 1890 The whole. 1898 3 The Lepers Act, 1898 The whole. 1902 4 The Indian Tramways Act, 1902 The whole.110 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Extent of repeal 1 2 3 4 1912 8 The Wild Birds and Animals Protection So much as is not Act, 1912 repealed. 1913 6 The MussalmanWakf Validating Act, 1913 The whole. 1916 7 The Indian Medical Degrees Act, 1916 The whole. 1919 1 The Local Authorities Pensions and The whole. Gratuities Act, 1919 1930 32 The MussalmanWakf Validating Act, 1930 The whole. 1933 2 The Children (Pledging of Labour) The whole. Act, 1933 1936 18 The Red Cross Society (Allocation of The whole. Property) Act, 1936 1936 22 The Indian Companies (Amendment) The whole. Act, 1936 1938 24 The Employers’ Liability Act, 1938 The whole. 1940 12 The Income-tax Law Amendment So much as is not Act, 1940 repealed. 1941 22 The Indian Merchant Shipping The whole. (Amendment) Act, 1941 1941 23 The Indian Income-tax (Amendment) The whole. Act, 1941 1941 24 The Excess Profits Tax (Second The whole. Amendment) Act, 1941 1941 25 The Railways (Local Authorities’ Taxation) The whole. Act, 1941 1947 44 The Income-tax and Business Profits Tax The whole. (Amendment) Act, 1947 1947 45 The Indian Trade Unions (Amendment) The whole. Act, 1947 1948 38 The Continuance of Legal Proceedings The whole. Act, 1948 1948 48 The Income-tax and Business Profits Tax The whole. (Amendment) Act, 1948 1948 58 The Exchange of Prisoners Act, 1948 The whole. 1948 60 The Resettlement of Displaced Persons The whole. (Land Acquisition) Act, 1948 1949 24 The Delhi Hotels (Control of The whole. Accommodation) Act, 1949 1949 53 The Indian Merchant Shipping The whole. (Amendment) Act, 1949 1949 59 The Merged States (Laws) Act, 1949 The whole. 1950 9 The Indian Tea Control (Amendment) The whole. Act, 1950 1950 26 The Drugs (Control) Act, 1950 So much as is not repealed.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 111 Year No. Short title Extent of repeal 1 2 3 4 1950 52 The Essential Supplies (Temporary Powers) The whole. Amendment Act, 1950 1950 71 The Indian Income-tax (Amendment) Act, 1950 The whole. 1950 72 The Essential Supplies (Temporary Powers) The whole. Second Amendment Act, 1950 1951 42 The Indian Merchant Shipping (Amendment) The whole. Act, 1951 1951 59 The Delhi Premises (Requisition and Eviction) The whole. Amendment Act, 1951 1952 9 The Indian Independence Pakistan Courts So much as is (Pending Proceedings) Act, 1952 not repealed. 1952 49 The Indian Tea Control (Amendment) Act, 1952 The whole. 1952 54 The Central Tea Board (Amendment) Act, 1952 The whole. 1953 23 The Indian Merchant Shipping (Amendment) The whole. Act, 1953 1953 25 The Indian Income-tax (Amendment) Act, 1953 The whole. 1953 54 The Reserve Bank of India (Amendment and So much as is Miscellaneous Provisions) Act, 1953 not repealed. 1954 9 The Control of Shipping (Amendment) Act, 1954 The whole. 1954 13 The Press (Objectionable Matter) Amendment The whole. Act, 1954 1954 23 The State Acquisition of Lands for Union The whole. Purposes (Validation) Act, 1954 1954 33 The Indian Income-tax (Amendment) Act, 1954 The whole. 1954 41 The Taxation Laws (Extension to Jammu and The whole. Kashmir) Act, 1954 1954 53 The Prevention of Disqualification (Parliament The whole. and Part C States Legislatures) Second Amendment Act, 1954 1955 29 The Industrial Disputes (Appellate Tribunal) The whole. Amendment Act, 1955 1955 52 The Prevention of Disqualification (Parliament The whole. and Part C States Legislatures) Amendment Act, 1955 1956 10 The Control of Shipping (Continuance) Act, 1956 The whole. 1956 26 The Indian Income-tax (Amendment) Act, 1956 The whole. 1956 36 The Industrial Disputes (Amendment and So much as is Miscellaneous Provisions) Act, 1956 not repealed. 1956 45 The Newspaper (Price and Page) Act, 1956 The whole. 1956 52 The Government Premises (Eviction) Amendment The whole. Act, 1956 1956 63 The Scheduled Castes and Scheduled Tribes The whole. Orders (Amendment) Act, 1956112 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Extent of repeal 1 2 3 4 1956 95 The Banking Companies (Amendment) So much as is Act, 1956 not repealed. 1957 17 The Life Insurance Corporation (Amendment) So much as is Act, 1957 not repealed. 1957 47 The Indian Telegraph (Amendment) Act, 1957 The whole. 1957 53 The Indian Railways (Amendment) Act, 1957 So much as is not repealed. 1957 64 The Prevention of Disqualification (Amendment) The whole. Act, 1957 1958 9 The Control of Shipping (Continuance) Act, 1958 The whole. 1958 33 The Estate Duty (Amendment) Act, 1958 So much as is not repealed. 1958 35 The Manipur and Tripura (Repeal of Laws) The whole. Act, 1958 1958 54 The Prevention of Disqualification (Amendment) The whole. Act, 1958 1959 1 The Indian Income-tax (Amendment) Act, 1959 The whole. 1959 17 The Coal Grading Board (Repeal) Act, 1959 The whole. 1959 29 The Public Wakfs (Extension of Limitation) The whole. Act, 1959 1960 16 The Estate Duty (Amendment) Act, 1960 So much as is not repealed. 1960 18 The Indian Boilers (Amendment) Act, 1960 So much as is not repealed. 1960 28 The Taxation Laws (Amendment) Act, 1960 The whole. 1960 45 The Indian Museum (Amendment) Act, 1960 So much as is not repealed. 1960 54 The Railway Passenger Fares (Amendment) The whole. Act, 1960 1960 65 The Companies (Amendment) Act, 1960 So much as is not repealed. 1961 7 The Banking Companies (Amendment) Act, 1961 So much as is not repealed. 1961 36 The Newspaper (Price and Page) Continuance The whole. Act, 1961 1961 55 The Sugar (Regulation of Production) Act, 1961 The whole. 1962 17 The Air Corporations (Amendment) Act, 1962 So much as is not repealed. 1962 43 The Companies (Amendment) Act, 1962 The whole. 1962 56 The State-Associated Banks (Miscellaneous So much as is Provisions) Act, 1962 not repealed. 1962 59 The Personal Injuries (Emergency Provisions) The whole. Act, 1962 1963 21 The Compulsory Deposit Scheme Act, 1963 The whole.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 113 Year No. Short title Extent of repeal 1 2 3 4 1963 37 The Personal Injuries (Compensation Insurance) The whole. Act, 1963 1963 53 The Companies (Amendment) Act, 1963 The whole. 1964 32 The Companies (Amendment) Act, 1964 The whole. 1965 23 The Banking Laws (Application to Co-operative So much as is Societies) Act, 1965 not repealed. 1965 31 The Companies (Amendment) Act, 1965 The whole. 1966 21 The Merchant Shipping (Amendment) Act, 1966 So much as is not repealed. 1966 30 The Electricity (Supply) Amendment Act, 1966 So much as is not repealed. 1966 37 The Companies (Second Amendment) Act, 1966 The whole. 1967 14 The Essential Commodities (Amendment) So much as is Act, 1967 not repealed. 1967 25 The Standards of Weights and Measures The whole. (Extension to Kohima and Mokokchung Districts) Act, 1967 1968 60 The State Agricultural Credit Corporations The whole. Act, 1968 1969 17 The Companies (Amendment) Act, 1969 So much as is not repealed. 1969 22 The Banking Companies (Acquisition and The whole. Transfer of Undertakings) Act, 1969 1969 23 The Coal Bearing Areas (Acquisition and So much as is Development) Amendment Act, 1969 not repealed. 1969 28 The Central Sales Tax (Amendment) Act, 1969 So much as is not repealed. 1969 37 The Delhi High Court (Amendment) Act, 1969 So much as is not repealed. 1969 38 The Wakf (Amendment) Act, 1969 So much as is not repealed. 1970 24 The Petroleum (Amendment) Act, 1970 So much as is not repealed. 1970 25 The Merchant Shipping (Amendment) Act, 1970 So much as is not repealed. 1970 51 The Central Labour Laws (Extension to Jammu The whole. and Kashmir) Act, 1970 1971 63 The Jayanti Shipping Company (Acquisition of The whole. Shares) Act, 1971 1971 64 The Coking Coal Mines (Emergency Provisions) The whole. Act, 1971 1972 58 The Indian Copper Corporation (Acquisition of So much as is Undertaking) Act, 1972 not repealed. 1972 72 The Sick Textile Undertakings (Taking Over of The whole. Management) Act, 1972114 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Extent of repeal 1 2 3 4 1973 15 The Coal Mines (Taking Over of Management) The whole. Act, 1973 1973 62 The Konkan Passenger Ships (Acquisition) The whole. Act, 1973 1974 4 The Esso (Acquisition of Undertakings in India) The whole. Act, 1974 1974 37 The Additional Emoluments (Compulsory The whole. Deposit) Act, 1974 1976 2 The Burmah Shell (Acquisition of Undertakings The whole. in India) Act, 1976 1976 97 The Burn Company and Indian Standard Wagon The whole. Company (Nationalisation) Act, 1976 1976 98 The Laxmirattan and Atherton West Cotton The whole. Mills (Taking Over of Management) Act, 1976 1976 106 The Untouchability (Offences) Amendment and So much as is Miscellaneous Provision Act, 1976 not repealed. 1977 17 The Caltex [Acquisition of Shares of Caltex Oil The whole. Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited] Act, 1977 1978 21 The Deposit Insurance Corporation (Amendment The whole. and Miscellaneous Provisions) Act, 1978 1979 28 The Kosangas Company (Acquisition of The whole. Undertaking) Act, 1979 1980 64 The Maruti Limited (Acquisition and Transfer of The whole. Undertakings) Act, 1980 1981 18 The Essential Commodities (Special Provisions) The whole. Act, 1981 1981 19 The Prevention of Blackmarketing and So much as is Maintenance of Supplies of Essential not repealed. Commodities (Amendment) Act, 1981 1981 41 The Burmah Oil Company [Acquisition of The whole. Shares of Oil India Limited and of the Undertakings in India of Assam Oil Company Limited and the Burmah Oil Company (India Trading) Limited] Act, 1981 1982 26 The Prevention of Cruelty to Animals So much as is (Amendment) Act, 1982 not repealed. 1982 31 The Estate Duty (Amendment) Act,1982 The whole. 1982 38 The Payment of Wages (Amendment) Act, 1982 The whole. 1982 50 The Amritsar Oil Works (Acquisition and Transfer The whole. of Undertakings) Act, 1982 1982 58 The Central Excise Laws (Amendment and The whole. Validation) Act, 1982 1982 68 The Drugs and Cosmetics (Amendment) So much as is Act, 1982 not repealed.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 115 Year No. Short title Extent of repeal 1 2 3 4 1983 29 The National Oilseeds and Vegetable Oils The whole. Development Board Act, 1983 1983 40 The Textile Undertakings (Taking Over of The whole. Management) Act, 1983 1983 44 The Indian Railways (Amendment) Act, 1983 So much as is not repealed. 1984 1 The Banking Laws (Amendment) Act, 1983 The whole. 1984 16 The Ganesh Flour Mills Company Limited The whole. (Acquisition and Transfer of Undertakings) Act, 1984 1984 26 The Payment of Gratuity (Second Amendment) So much as is Act, 1984 not repealed. 1984 33 The Mogul Line Limited (Acquisition of Shares) The whole. Act, 1984 1984 34 The Essential Commodities (Amendment) The whole. Act, 1984 1984 38 The Delhi Development (Amendment) Act, 1984 The whole. 1984 45 The Employees’ State Insurance (Amendment) So much as is Act, 1984 not repealed. 1984 53 The Estate Duty (Amendment) Act, 1984 The whole. 1984 54 The Levy Sugar Price Equalisation Fund So much as is (Amendment) Act, 1984 not repealed. 1984 59 The University Grants Commission (Amendment) So much as is Act, 1984 not repealed. 1984 63 The Dowry Prohibition (Amendment) Act, 1984 The whole. 1984 67 The Taxation Laws (Amendment) Act, 1984 The whole. 1985 3 The General Insurance Business (Nationalisation)So much as is Amendment Act, 1985 not repealed. 1985 83 The Futwah-Islampur Light Railway Line The whole. (Nationalisation) Act, 1985 1986 33 The Merchant Shipping (Amendment) Act, 1986 So much as is not repealed. 1986 66 The Shipping Development Fund Committee The whole. (Abolition) Act, 1986 1987 27 The National Security (Amendment) Act, 1987 The whole. 1987 43 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 1987 1989 3 The Direct Tax Laws (Amendment) Act, 1989 The whole. 1989 29 The Employees’ State Insurance (Amendment) So much as is Act, 1989 not repealed. 1991 2 The Taxation Laws (Amendment) Act, 1991 The whole except section 6. 1991 34 The Consumer Protection (Amendment) Act, 1991 So much as is not repealed.116 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Extent of repeal 1 2 3 4 1991 44 The Wildlife (Protection) Amendment Act, 1991 So much as is not repealed. 1991 60 The Delhi High Court (Amendment) Act, 1991 So much as is not repealed. 1993 49 The Betwa River Board (Amendment) Act, 1993 So much as is not repealed. 1994 27 The Punjab Gram Panchayat, Samitis and Zilla The whole. Parishad (Chandigarh Repeal) Act, 1994 1999 2 The Cotton Ginning and Pressing Factories The whole. (Repeal) Act, 1998 1999 4 The Railway Claims Tribunal (Amendment) The whole. Act, 1998 1999 11 The Income-tax (Second Amendment) Act, 1998 The whole. 1999 17 The Patents (Amendment) Act, 1999 The whole. 1999 21 The Companies (Amendment) Act, 1999 The whole. 1999 28 The Income-tax (Amendment) Act, 1999 The whole. 1999 38 The Mines and Minerals (Regulation and The whole. Development) Amendment Act, 1999 2000 2 The Telecom Regulatory Authority of India The whole. (Amendment) Act, 2000 2000 19 The Cotton Textiles Cess (Repeal) Act, 2000 The whole. 2000 24 The Indian Companies (Foreign Interests) The whole. and the Companies (Temporary Restrictions on Dividends) Repeal Act, 2000 2000 25 The Cotton Cloth (Repeal) Act, 2000 The whole. 2000 26 The Iron and Steel (Amalgamation and Takeover The whole. Laws) Repeal Act, 2000 2000 27 The Motor Vehicles (Amendment) Act, 2000 The whole. 2000 31 The Army and Air Force (Disposal of Private The whole. Property) Amendment Act, 2000 2000 32 The Indian Power Alcohol (Repeal) Act, 2000 The whole. 2000 33 The All-India Institute of Medical Sciences The whole. (Amendment) Act, 2000 2000 36 The Cable Television Networks (Regulation) The whole. Amendment Act, 2000 2000 38 The Rehabilitation Council of India (Amendment) The whole. Act, 2000 2000 46 The Workmen’s Compensation (Amendment) The whole. Act, 2000 2000 47 The Passport (Entry into India) Amendment The whole. Act, 2000 2000 51 The Aircraft (Amendment) Act, 2000 The whole. 2000 53 The Companies (Amendment) Act, 2000 The whole.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 117 Year No. Short title Extent of repeal 1 2 3 4 2001 1 The Taxation Laws (Amendment) Act, 2000 The whole except section 5. 2001 4 The Taxation Laws (Amendment) Act, 2001 The whole except section 8. 2001 11 The Insurance Laws (Transfer of Business and The whole. Emergency Provisions) Repeal Act, 2001 2001 17 The U.P. Sugarcane Cess (Validation) Repeal The whole. Act, 2001 2001 18 The Post-Graduate Institute of Medical The whole. Education and Research, Chandigarh (Amendment) Act, 2001 2001 20 The Banking Companies (Legal Practitioners’ The whole. Clients’ Accounts) Repeal Act, 2001 2001 21 The Electricity Regulatory Commissions The whole. (Amendment) Act, 2001 2001 28 The Live-stock Importation (Amendment) The whole. Act, 2001 2001 31 The Trade Unions (Amendment) Act, 2001 The whole. 2001 32 The Pre-natal Diagnostic Techniques The whole. (Regulation and Prevention of Misuse) Amendment Act, 2001 2001 34 The Indian Medical Council (Amendment) The whole. Act, 2001 2001 35 The Sugarcane Cess (Validation) Repeal The whole. Act, 2001 2001 44 The Salaries and Allowances of Ministers The whole. (Amendment) Act, 2001 2001 55 The National Commission for Safai Karamcharis The whole. (Amendment) Act, 2001 2001 56 The Cine-workers Welfare Fund (Amendment) The whole. Act, 2001 2001 57 The Companies (Amendment) Act, 2001 The whole. 2002 13 The Jute Manufactures Cess (Amendment) The whole. Act, 2002 2002 17 The Passports (Amendment) Act, 2002 The whole. 2002 24 The All-India Institute of Medical Sciences The whole. (Amendment) Act, 2002 2002 25 The Constitution (Scheduled Castes) Order The whole. (Amendment) Act, 2002 2002 32 The Constitution (Scheduled Castes and The whole. Scheduled Tribes) Orders (Amendment) Act, 2002 2002 44 The Coast Guard (Amendment) Act, 2002 The whole. 2002 45 The National Co-operative Development The whole. Corporation (Amendment) Act, 2002118 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Extent of repeal 1 2 3 4 2002 50 The Petroleum (Berar Extension) Repeal The whole. Act, 2002 2002 61 The Constitution (Scheduled Castes) Orders The whole. (Second Amendment) Act, 2002 2002 63 The Merchant Shipping (Amendment) Act, 2002 The whole. 2002 64 The Medical Termination of Pregnancy The whole. (Amendment) Act, 2002 2003 1 The Companies (Amendment) Act, 2002 The whole. 2003 14 The Pre-natal Diagnostic Techniques (Regulation The whole. and Prevention of Misuse) Amendment Act, 2002 2003 16 The Wildlife (Protection) (Amendment) Act, 2002 The whole. 2003 19 The Water (Prevention and Control of Pollution) The whole. Cess (Amendment) Act, 2003 2003 29 The Banking Service Commission (Repeal) The whole. Act, 2003 2003 38 The Infant Milk Substitutes, Feeding Bottles The whole. and Infant Food (Regulation of Production, Supply and Distribution) Amendment Act, 2003 2003 43 The Airports Authority of India (Amendment) The whole. Act, 2003 2003 47 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2003 2003 52 The Railway Protection Force (Amendment) The whole. Act, 2003 2003 54 The Taxation Laws (Amendment) Act, 2003 The whole. 2003 56 The Railways (Amendment) Act, 2003 The whole. 2003 57 The Electricity (Amendment) Act, 2003 The whole. 2004 5 The Indian Council of World Affairs (Amendment) The whole. Act, 2003 2004 8 The Indian Telegraph (Amendment) Act, 2003 The whole. 2004 25 The Customs and Central Excise Laws (Repeal) The whole. Act, 2004 2005 15 The Patents (Amendment) Act, 2005 The whole. 2005 23 The Navy (Amendment) Act, 2005 The whole. 2005 41 The Payment of Wages (Amendment) Act, 2005 The whole. 2005 47 The Railways (Amendment) Act, 2005 The whole. 2005 55 The Taxation Laws (Amendment) Act, 2005 The whole. 2006 7 The Cost and Works Accountants (Amendment) The whole. Act, 2006 2006 8 The Company Secretaries (Amendment) Act, 2006 The whole. 2006 9 The Chartered Accountants (Amendment) Act, 2006 The whole. 2006 23 The Companies (Amendment) Act, 2006 The whole.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 119 Year No. Short title Extent of repeal 1 2 3 4 2006 33 The Juvenile Justice (Care and Protection of The whole. Children) Amendment Act, 2006 2006 39 The Wildlife (Protection) Amendment Act, 2006 The whole. 2006 42 The Central Silk Board (Amendment) Act, 2006 The whole. 2006 48 The Constitution (Scheduled Tribes) Order The whole. Amendment Act, 2006 2006 57 The Indian Telegraph (Amendment) Act, 2006 The whole. 2007 4 The Commissions for Protection of Child Rights The whole. (Amendment) Act, 2006 2007 25 The Cable Television Networks (Regulation) The whole. Amendment Act, 2007 2007 26 The Electricity (Amendment) Act, 2007 The whole. 2007 31 The Constitution (Scheduled Castes) Order The whole. (Amendment) Act, 2007 2007 36 The Apprentices (Amendment) Act, 2007 The whole. 2007 38 The Cigarettes and Other Tobacco Products The whole. (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Act, 2007 2007 42 The All-India Institute of Medical Sciences The whole. and the Post-Graduate Institute of Medical Education and Research (Amendment) Act, 2007 2007 44 The Aircraft (Amendment) Act, 2007 The whole. 2007 45 The Payment of Bonus (Amendment) Act, 2007 The whole. 2007 49 The Indian Boilers (Amendment) Act, 2007 The whole. 2008 11 The Railways (Amendment) Act, 2008 The whole. 2008 12 The Prasar Bharati (Broadcasting Corporation of The whole. India) Amendment Act, 2008 2008 13 The Food Safety and Standards (Amendment) The whole. Act, 2008 2008 14 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2008 2008 15 The Maternity Benefit (Amendment) Act, 2008 The whole. 2008 26 The Drugs and Cosmetics (Amendment) Act, 2008The whole. 2009 2 The Constitution (Scheduled Tribes) (Union The whole. Territories) Order (Amendment) Act, 2008 2009 3 The Post-Graduate Institute of Medical The whole. Education and Research, Chandigarh (Amendment) Act, 2008 2009 10 The Information Technology (Amendment) The whole. Act, 2008 2009 28 The Carriage by Air (Amendment) Act, 2009 The whole. 2009 34 The Metro Railways (Amendment) Act, 2009 The whole.120 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Extent of repeal 1 2 3 4 2009 45 The Workmen’s Compensation (Amendment) The whole. Act, 2009 2009 46 The National Rural Employment Guarantee The whole. (Amendment) Act, 2009 2009 47 The Payment of Gratuity (Amendment) Act, 2009 The whole. 2010 2 The Salaries and Allowances of Ministers The whole. (Amendment) Act, 2009 2010 15 The Payment of Gratuity (Amendment) Act, 2010 The whole. 2010 17 The Plantations Labour (Amendment) Act, 2010 The whole. 2010 18 The Employees’ State Insurance (Amendment) The whole. Act, 2010 2010 24 The Industrial Disputes (Amendment) Act, 2010 The whole. 2010 25 The Foreign Trade (Development and Regulation) The whole. Amendment Act, 2010 2010 26 The Securities and Insurance Laws (Amendment The whole. and Validation) Act, 2010 2010 28 The Energy Conservation (Amendment) Act, 2010 The whole. 2010 32 The Indian Medical Council (Amendment) The whole. Act, 2010 2010 34 The Mines and Minerals (Development and The whole. Regulation) Amendment Act, 2010 2010 35 The Essential Commodities (Amendment) The whole. Act, 2010 2011 10 The Jawaharlal Institute of Post-Graduate The whole. Medical Education and Research, Puducherry (Amendment) Act, 2011 2011 12 The Juvenile Justice (Care and Protection of The whole. Children) Amendment Act, 2011 2011 13 The Indian Medical Council (Amendment) The whole. Act, 2011 2011 18 The National Council for Teacher Education The whole. (Amendment) Act, 2011 2011 21 The Cable Television Networks (Regulation) The whole. Amendment Act, 2011 2012 1 The Damodar Valley Corporation (Amendment) The whole. Act, 2011 2012 2 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2011 2012 3 The Chartered Accountants (Amendment) Act, 2011The whole. 2012 4 The Company Secretaries (Amendment) Act, 2011 The whole. 2012 6 The Prasar Bharati (Broadcasting The whole. Corporation of India) Amendment Act, 2011 2012 9 The Petroleum and Minerals Pipelines The whole. (Acquisition of Right of user in Land) Amendment Act, 2011May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 121 Year No. Short title Extent of repeal 1 2 3 4 2012 10 The Cost and Works Accountants The whole. (Amendment) Act, 2011 2012 20 The Indian Medical Council (Amendment) The whole. Act, 2012 2012 24 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2012 2012 25 The Railway Property (Unlawful Possession) The whole. Amendment Act, 2012 2012 30 The Right of Children to Free and Compulsory The whole. Education (Amendment) Act, 2012 2012 37 The All-India Institute of Medical Sciences The whole. (Amendment) Act, 2012 2013 2 The Prevention of Money-laundering The whole. (Amendment) Act, 2012 2013 3 The Unlawful Activities (Prevention) Amendment The whole. Act, 2012 2013 13 The Criminal Law (Amendment) Act, 2013 The whole. 2013 19 The National Highways Authority of India The whole. (Amendment) Act, 2013 2013 22 The Securities and Exchange Board of India The whole. (Amendment) Act, 2013 2013 24 The Constitution (Scheduled Tribes) Order The whole. (Amendment) Act, 2013 2013 29 The Representation of the People (Amendment Sections 2 and 3. and Validation) Act, 2013 THE SECOND SCHEDULE (See section 3) AMENDMENTS Year No. Short title Amendments 2013 14 The Sexual Harassment of In sections 6, 7 and 24,— Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (i) for the words “Local Complaints Committee”, wherever they occur, the words “Local Committee” shall be substituted; (ii) for the words “Internal Complaints Committee”, wherever they occur, the words “Internal Committee” shall be substituted.122 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Year No. Short title Amendments 2014 8 The Governors (Emoluments, In section 2,— Allowances and Privileges) Amendment Act, 2014 (i) the words and figure “section 2 of” shall be omitted; (ii) after the brackets and words “(hereinafter referred to as the principal Act)”, insert the words and figure “in section 2”. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. (Re-published by order of the Governor) A. ARUNAGIRI, Additional Secretary to Government, Law Department.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 123 New Delhi, the 9th May, 2016/Vaisakha 19, 1938 (Saka) The following Act of Parliament received the assent of the President on the 6th May, 2016, and is hereby published for general information:— THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) ACT, 2016 No. 24 of 2016 [6th May, 2016.] An Act further to amend the Constitution (Scheduled Castes) Order, 1950. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Scheduled Castes) Order (Amendment) Short title and Act, 2016. commence- ment. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. C.O. 19. 2. In the Schedule to the Constitution (Scheduled Castes) Order, 1950,— Amendment of Constitution (a) in Part V.—Haryana.— (Scheduled Castes) (i) after entry 1, insert,— Order, 1950. “1A. Aheria, Aheri, Hari, Heri, Thori, Turi”; (ii) after entry 29, insert,— “29A. Rai Sikh”; (b) in Part VIII.—Kerala, for entries 36 and 37, substitute— “36. Malayan (in the areas comprising the Kannur, Kasaragode, Kozhikode and Wayanad districts) 37. Mannan, Pathiyan, Perumannan, Peruvannan, Vannan, Velan”; (c) in Part XIII.—Odisha, omit entries 8 and 49; (d) in Part XIX.—West Bengal, for entry 60, substitute— “60. Chain”; (e) in Part XXIII.—Chhattisgarh, for entry 25, substitute— “25. Ghasi, Ghasia, Sais, Sahis, Sarathi, Soot-Sarathi, Thanwar”. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. (Re-published by order of the Governor) A. ARUNAGIRI, Additional Secretary to Government, Law Department.124 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 125 New Delhi, the 9th May, 2016/Vaisakha 19, 1938 (Saka) The following Act of Parliament received the assent of the President on the 6th May, 2016, and is hereby published for general information:— THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2016 No. 25 of 2016 [6th May, 2016.] An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 1. This Act may be called the Mines and Minerals (Development and Regulation) Short title. Amendment Act, 2016. 67 of 1957. 2. In section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 Amendment of (hereinafter referred to as the principal Act), for clause (a), the following clauses shall be section 3. substituted, namely:— ‘(a) “leased area” means the area specified in the mining lease within which mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of mine as referred to in clause (i); (aa) “minerals” includes all minerals except mineral oils;’. 3. In section 12A of the principal Act, in sub-section (6), the following shall be inserted, Amendment namely:— of section 12A. ‘Provided that where a mining lease has been granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or transfer charges as may be prescribed. Explanation.—For the purposes of this proviso, the expression “used for captive purpose” shall mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee.’. 4. In section 13 of the principal Act, in sub-section (2), after clause (qqj), the following Amendment of clause shall be inserted, namely:— section 13. “(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;”. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. (Re-published by order of the Governor) A. ARUNAGIRI, Additional Secretary to Government, Law Department.126 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 127 New Delhi, Thursday, 15th December, 2016/Agrahayana 24, 1938 (Saka) The following Act of Parliament received the assent of the President on the 15th December, 2016, and is hereby published for general information:— THE TAXATION LAWS (SECOND AMENDMENT) ACT, 2016 (No. 48 of 2016) [15th December, 2016.] An Act further to amend the Income-tax Act, 1961 and the Finance Act, 2016. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Taxation Laws (Second Amendment) Act, 2016. Short title and commence- (2) Save as otherwise provided in this Act, it shall come into force at once. ment. CHAPTER II INCOME-TAX 43 of 1961. 2. In the Income-tax Act, 1961 (hereinafter referred to as the Income-tax Act), in section Amendment of 115BBE, for sub-section (1), the following sub-section shall be substituted with effect from section the 1st day of April, 2017, namely:— 115BBE. “(1) Where the total income of an assessee,— (a) includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D and reflected in the return of income furnished under section 139; or (b) determined by the Assessing Officer includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, if such income is not covered under clause (a), the income-tax payable shall be the aggregate of— (i) the amount of income-tax calculated on the income referred to in clause (a) and clause (b), at the rate of sixty per cent.; and (ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (i).”. 3. In the Income-tax Act, in section 271AAB,— Amendment of section (I) in sub-section (1), after the words, figures and letters “the 1st day of July, 2012”, 271AAB. the words, brackets and figures “but before the date on which the Taxation Laws (Second Amendment) Bill, 2016 receives the assent of the President” shall be inserted; (II) after sub-section (1), the following sub-section shall be inserted, namely:— “(1A) The Assessing Officer may, notwithstanding anything contained in any other provisions of this Act, direct that, in a case where search has been initiated under section 132 on or after the date on which the Taxation Laws (Second Amendment) Bill, 2016 receives the assent of the President, the assessee shall pay by way of penalty, in addition to tax, if any, payable by him,— (a) a sum computed at the rate of thirty per cent. of the undisclosed income of the specified previous year, if the assessee— (i) in the course of the search, in a statement under sub-section (4) of section 132, admits the undisclosed income and specifies the manner in which such income has been derived;128 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (ii) substantiates the manner in which the undisclosed income was derived; and (iii) on or before the specified date— (A) pays the tax, together with interest, if any, in respect of the undisclosed income; and (B) furnishes the return of income for the specified previous year declaring such undisclosed income therein; (b) a sum computed at the rate of sixty per cent. of the undisclosed income of the specified previous year, if it is not covered under the provisions of clause (a).”; (III) in sub-section (2), after the words, brackets and figure “in sub-section (1)”, the words, brackets, figure and letter “or sub-section (1A)” shall be inserted. Insertion of 4. In the Income-tax Act, after section 271AAB, the following section shall be inserted new section with effect from the 1st day of April, 2017, namely:— 271AAC. Penalty in “271AAC. (1) The Assessing Officer may, notwithstanding anything contained in respect of this Act other than the provisions of section 271AAB, direct that, in a case where the certain income determined includes any income referred to in section 68, section 69, section 69A, income. section 69B, section 69C or section 69D for any previous year, the assessee shall pay by way of penalty, in addition to tax payable under section 115BBE, a sum computed at the rate of ten per cent. of the tax payable under clause (i) of sub-section (1) of Section 115BBE: Provided that no penalty shall be levied in respect of income referred to in section 68, Section 69, Section 69A, Section 69B, Section 69C or Section 69D to the extent such income has been included by the assessee in the return of income furnished under section 139 and the tax in accordance with the provisions of clause (i) of sub-section (1) of Section 115BBE has been paid on or before the end of the relevant previous year. (2) No penalty under the provisions of section 270A shall be imposed upon the assessee in respect of the income referred to in sub-section (1). (3) The provisions of Sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this Section.”. CHAPTER III FINANCE ACT Amendment of 5. In the Finance Act, 2016,— 28 of 2016. section 2. (a) in Chapter II, in section 2, in sub-section (9),— (i) in the third proviso, the figures and letters “115BBE,” shall be omitted; (ii) after the sixth proviso, the following proviso shall be inserted, namely:— ‘Provided also that in respect of any income chargeable to tax under clause (i) of sub-section (1) of section 115BBE of the Income-tax Act, the “advance tax” computed under the first proviso shall be increased by a surcharge, for the purposes of the Union, calculated at the rate of twenty-five per cent. of such advance tax.’; Insertion of (b) after Chapter IX, the following Chapter shall be inserted, namely:— new Chapter IX A. ‘CHAPTER IXA TAXATION AND INVESTMENT REGIME FOR PRADHAN MANTRI GARIB KALYAN YOJANA, 2016 Short title and 199A. (1) This Scheme may be called the Taxation and Investment Regime for commence- Pradhan Mantri Garib Kalyan Yojana, 2016. ment. (2) It shall come into force on such date as the Central Government may, by notification, in the Official Gazette, appoint.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 129 199B. In this Scheme, unless the context otherwise requires,— Definitions. (a) “declarant” means a person making the declaration under sub-section (1) of section 199C; 43 of 1961. (b) “Income-tax Act” means the Income-tax Act, 1961; (c) “Pradhan Mantri Garib Kalyan Deposit Scheme, 2016” (hereinafter in this Chapter referred to as “the Deposit Scheme”) means a scheme notified by the Central Government in consultation with the Reserve Bank of India in the Official Gazette; and (d) all other words and expressions used in this Scheme but not defined and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act. 199C. (1) Subject to the provisions of this Scheme, any person may make, on or Declaration of after the date of commencement of this Scheme but on or before a date to be notified undisclosed by the Central Government in the Official Gazette, a declaration in respect of any income, income. in the form of cash or deposit in an account maintained by the person with a specified entity, chargeable to tax under the Income-tax Act for any assessment year commencing on or before the 1st day of April, 2017. (2) No deduction in respect of any expenditure or allowance or set-off of any loss shall be allowed against the income in respect of which a declaration under sub-section (1) is made. Explanation.— For the purposes of this section, “specified entity” shall mean— (i) the Reserve Bank of India; (ii) any banking company or co-operative bank, to which the Banking Regulation Act, 1949 applies (including any bank or banking institution referred to in section 51 of 10 of 1949. that Act); (iii) any Head Post Office or Sub-Post Office; and (iv) any other entity as may be notified by the Central Government in the Official Gazette in this behalf. 199D. (1) Notwithstanding anything contained in the Income-tax Act or in any Finance Charge of tax Act, the undisclosed income declared under sub-section (1) of Section 199C within the and time specified therein shall be chargeable to tax at the rate of thirty per cent. of the surcharge. undisclosed income. (2) The amount of tax chargeable under sub-section (1) shall be increased by a surcharge, for the purposes of the Union, to be called the Pradhan Mantri Garib Kalyan Cess calculated at the rate of thirty-three per cent. of such tax so as to fulfil the commitment of the Government for the welfare of the economically weaker sections of the society. 199E. Notwithstanding anything contained in the Income-tax Act or in any Finance Penalty. Act, the person making a declaration under sub-section (1) of section 199C shall, in addition to tax and surcharge charged under section 199D, be liable to pay penalty at the rate of ten per cent. of the undisclosed income. 199F. (1) Notwithstanding anything contained in the Income-tax Act or in any other Deposit of law for the time being in force, the person making a declaration under sub-section (1) undisclosed of Section 199C, shall deposit an amount which shall not be less than twenty-five per cent. income. of the undisclosed income in the Pradhan Mantri Garib Kalyan Deposit Scheme, 2016. (2) The deposit shall bear no interest and the amount deposited shall be allowed to be withdrawn after four years from the date of deposit and shall also fulfil such other conditions as may be specified in the Pradhan Mantri Garib Kalyan Deposit Scheme, 2016. 199G. A declaration under sub-section (1) of Section 199C shall be made by a Manner of person competent to verify the return of income under Section 140 of the Income-tax Act, declaration. to the Principal Commissioner or the Commissioner notified in the Official Gazette for this purpose and shall be in such form and verified in such manner, as may be prescribed.130 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Time for 199H. (1) The tax and surcharge payable under section 199D and penalty payable payment of under section 199E in respect of the undisclosed income, shall be paid before filing of tax, penalty, declaration under sub-section (1) of Section 199C. surcharge and deposit. (2) The amount referred to in sub-section (1) of Section 199F shall be deposited before the filing of declaration under sub-section (1) of section 199C. (3) The declaration under sub-section (1) of Section 199C shall be accompanied by the proof of deposit referred to in sub-section (1) of Section 199F, payment of tax, surcharge and penalty under Section 199D and Section 199E, respectively. Undisclosed 199-I. The amount of undisclosed income declared in accordance with sub-section income (1) of Section 199C shall not be included in the total income of the declarant for any declared not assessment year under the Income-tax Act. to be included in total income. Undisclosed 199J. A declarant under this Scheme shall not be entitled, in respect of undisclosed income income referred to in section 199C or any amount of tax and surcharge paid thereon, to declared not re-open any assessment or reassessment made under the Income-tax Act or the to affect 27 of 1957. Wealth-tax Act, 1957, or to claim any set-off or relief in any appeal, reference or other finality of proceeding in relation to any such assessment or reassessment. completed assessments. Tax, etc., not 199K. Any amount of tax and surcharge paid under section 199D or penalty paid under refundable. section 199E shall not be refundable. Declaration 199L. Nothwithstanding anything contained in any other law for the time being in force, not nothing contained in any declaration made under sub-section (1) of Section 199C shall admissible in be admissible in evidence against the declarant for the purpose of any proceeding under evidence any Act other than the Acts mentioned in Section 199-O. against declarant. Declaration by 199M. Notwithstanding anything contained in this Scheme, where a declaration has misrepresen- been made by misrepresentation or suppression of facts or without payment of tax and tation of surcharge under Section 199D or penalty under Section 199E or without depositing the facts to be amount in the Deposit Scheme as per the provisions of section 199F, such declaration void. shall be void and shall be deemed never to have been made under this Scheme. Applicability of 199N. The provisions of Chapter XV of the Income-tax Act relating to liability in special certain cases and of section 119, Section 138 and Section 189 of that Act shall, so far as may provisions of be, apply in relation to proceedings under this Scheme as they apply in relation to Income-tax proceedings under the Income-tax Act. Act. Scheme not to 199-O. The provisions of this Scheme shall not apply— apply to certain (a) in relation to any person in respect of whom an order of detention has been persons. made under the Conservation of Foreign Exchange and Prevention of Smuggling Activities 52 of 1974. Act, 1974: Provided that— (i) such order of detention, being an order to which the provisions of Section 9 or Section 12A of the said Act do not apply, has not been revoked on the report of the Advisory Board under Section 8 of the said Act or before the receipt of the report of the Advisory Board; or (ii) such order of detention, being an order to which the provisions of Section 9 of the said Act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under sub-section (3) of Section 9, or on the report of the Advisory Board under section 8, read with sub-section (2) of Section 9, of the said Act; or (iii) such order of detention, being an order to which the provisions of Section 12A of the said Act apply, has not been revoked before the expiry of the time for,May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 131 or on the basis of, the first review under sub-section (3) of that section, or on the basis of the report of the Advisory Board under section 8, read with sub-section (6) of section 12A, of the said Act; or (iv) such order of detention has not been set aside by a court of competent jurisdiction; (b) in relation to prosecution for any offence punishable under Chapter IX or 45 of 1860. 61 of 1985. Chapter XVII of the Indian Penal Code, the Narcotic Drugs and Psychotropic Substances 37 of 1967. Act, 1985, the Unlawful Activities (Prevention) Act, 1967, the Prevention of Corruption Act, 49 of 1988. 1988, the Prohibition of Benami Property Transactions Act, 1988 and the Prevention of 45 of 1988. Money-Laundering Act, 2002; 15 of 2003. (c) to any person notified under section 3 of the Special Court (Trial of Offences 27 of 1992. Relating to Transactions in Securities) Act, 1992; (d) in relation to any undisclosed foreign income and asset which is chargeable 22 of 2015. to tax under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. 199P. For the removal of doubts, it is hereby declared that save as otherwise Removal of expressely provided in sub-section (1) of section 199C, nothing contained in this Scheme doubts. shall be construed as conferring any benefit, concession or immunity on any person other than the person making the declaration under this Scheme. 199Q. (1) If any difficulty arises in giving effect to the provisions of this Scheme, the Power to Central Government may, by order, not inconsistent with the provisions of this Scheme, remove remove the difficulty: difficulties. Provided that no such order shall be made after the expiry of a period of two years from the date on which the provisions of this Scheme come into force. (2) Every order made under this section shall be laid before each House of Parliament. 199R. (1) The Board may, subject to the control of the Central Government, by Power to notification in the Official Gazette, make rules for carrying out the provisions of this make rules. Scheme. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner of declaration and verification to be made under section 199G; and (b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. (3) Every rule made under this Scheme shall be laid, as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.’. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. (Re-published by order of the Governor) A. ARUNAGIRI, Additional Secretary to Government, Law Department.132 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 133 New Delhi, the 28th December, 2016/Pausha 17, 1938 (Saka) The following Act of Parliament received the assent of the President on the 27th December, 2016, and is hereby published for general information:— THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 (No. 49 of 2016) [27th December, 2016] An Act to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto. WHEREAS the United Nations General Assembly adopted its Convention on the Rights of Persons with Disabilities on the 13th day of December, 2006; AND WHEREAS the aforesaid Convention lays down the following principles for empowerment of persons with disabilities,— (a) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) non-discrimination; (c) full and effective participation and inclusion in society; (d) respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; (e) equality of opportunity; (f) accessibility; (g) equality between men and women; (h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities; AND WHEREAS India is a signatory to the said Convention; AND WHEREAS India ratified the said Convention on the 1st day of October, 2007; AND WHEREAS it is considered necessary to implement the Convention aforesaid. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Rights of Persons with Disabilities Act, 2016. Short title and commence- (2) It shall come into force on such date as the Central Government may, by ment. notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) “appellate authority” means an authority notified under sub-section (3) of section 14 or sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be; (b) “appropriate Government” means,— (i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the 41 of 2006. Cantonments Act, 2006, the Central Government; (ii) in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government.134 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (c) “barrier” means any factor including communicational, cultural, economic, environmental, institutional, political, social, attitudinal or structural factors which hampers the full and effective participation of persons with disabilities in society; (d) “care-giver” means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability; (e) “certifying authority” means an authority designated under sub-section (1) of section 57; (f) “communication” includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual displays, sign language, plain-language, human-reader, augmentative and alternative modes and accessible information and communication technology; (g) “competent authority” means an authority appointed under section 49; (h) “discrimination” in relation to disability, means any distinction, exclusion, restriction on the basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination and denial of reasonable accommodation; (i) “establishment” includes a Government establishment and private establishment; (j) “Fund” means the National Fund constituted under section 86; (k) “Government establishment” means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 2 of the Companies Act, 2013 and includes a Department of the Government; 18 of 2013. (l) “high support” means an intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, to take independent and informed decision to access facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy; (m) “inclusive education” means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adapted to meet the learning needs of different types of students with disabilities; (n) “information and communication technology” includes all services and innovations relating to information and communication, including telecom services, web based services, electronic and print services, digital and virtual services; (o) “institution” means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities; (p) “local authority” means a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006; and any other authority established under an Act of Parliament 41 of 2006. or a State Legislature to administer the civic affairs; (q) “notification” means a notification published in the Official Gazette and the expression “notify” or “notified” shall be construed accordingly; (r) “person with benchmark disability” means a person with not less than forty per cent. of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority; (s) “person with disability” means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others;May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 135 (t) “person with disability having high support needs” means a person with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs high support; (u) “prescribed” means prescribed by rules made under this Act; (v) “private establishment” means a company, firm, cooperative or other society, associations, trust, agency, institution, organisation, union, factory or such other establishment as the appropriate Government may, by notification, specify; (w) “public building” means a Government or private building, used or accessed by the public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterways; (x) “public facilities and services” includes all forms of delivery of services to the public at large, including housing, educational and vocational trainings, employment and career advancement, shopping or marketing, religious, cultural, leisure or recreational, medical, health and rehabilitation, banking, finance and insurance, communication, postal and information, access to justice, public utilities, transportation; (y) “reasonable accommodation” means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others; (z) “registered organisation” means an association of persons with disabilities or a disabled person organisation, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary or non- governmental or charitable organisation or trust, society, or non-profit company working for the welfare of the persons with disabilities, duly registered under an Act of Parliament or a State Legislature; (za) “rehabilitation” refers to a process aimed at enabling persons with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychological environmental or social function levels; (zb) “Special Employment Exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding— (i) persons who seek to engage employees from amongst the persons with disabilities; (ii) persons with benchmark disability who seek employment; (iii) vacancies to which persons with benchmark disabilities seeking employment may be appointed; (zc) “specified disability” means the disabilities as specified in the Schedule; (zd) “transportation systems” includes road transport, rail transport, air transport, water transport, para transit systems for the last mile connectivity, road and street infrastructure, etc.; (ze) “universal design” means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialised design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities.136 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 CHAPTER II RIGHTS AND ENTITLEMENTS Equality and 3. (1) The appropriate Government shall ensure that the persons with disabilities non discri- enjoy the right to equality, life with dignity and respect for his or her integrity equally with mination. others. (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities. Women and 4. (1) The appropriate Government and the local authorities shall take measures to children with ensure that the women and children with disabilities enjoy their rights equally with others. disabilities. (2) The appropriate Government and local authorities shall ensure that all children with disabilities shall have right on an equal basis to freely express their views on all matters affecting them and provide them appropriate support keeping in view their age and disability.”. Community life. 5. (1) The persons with disabilities shall have the right to live in the community. (2) The appropriate Government shall endeavour that the persons with disabilities are,— (a) not obliged to live in any particular living arrangement; and (b) given access to a range of in-house, residential and other community support services, including personal assistance necessary to support living with due regard to age and gender. Protection from 6. (1) The appropriate Government shall take measures to protect persons with cruelty and disabilities from being subjected to torture, cruel, inhuman or degrading treatment. inhuman treatment. (2) No person with disability shall be a subject of any research without,— (i) his or her free and informed consent obtained through accessible modes, means and formats of communication; and (ii) prior permission of a Committee for Research on Disability constituted in the prescribed manner for the purpose by the appropriate Government in which not less than half of the Members shall themselves be either persons with disabilities or Members of the registered organisation as defined under clause (z) of section 2. Protection from 7. (1) The appropriate Government shall take measures to protect persons with abuse, disabilities from all forms of abuse, violence and exploitation and to prevent the same, violence and shall— exploitation. (a) take cognizance of incidents of abuse, violence and exploitation and provide legal remedies available against such incidents; (b) take steps for avoiding such incidents and prescribe the procedure for its reporting; (c) take steps to rescue, protect and rehabilitate victims of such incidents; and (d) create awareness and make available information among the public. (2) Any person or registered organisation who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committedMay 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 137 against any person with disability, may give information about it to the Executive Magistrate within the local limits of whose jurisdiction such incidents occur. (3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or prevent its occurrence, as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order— (a) to rescue the victim of such act, authorising the police or any organisation working for persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as the case may be; (b) for providing protective custody to the person with disability, if such person so desires; (c) to provide maintenance to such person with disability. (4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of— (a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance; (b) the particulars of the nearest organisation or institution working for the rehabilitation of persons with disabilities; (c) the right to free legal aid; and (d) the right to file a complaint under the provisions of this Act or any other law dealing with such offence: Provided that nothing in this section shall be construed in any manner as to relieve the police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence. (5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the Indian Penal Code, or under any other law for the time being in force, he may forward the complaint to that effect to the Judicial or Metropolitan Magistrate, as 45 of 1860. the case may be, having jurisdiction in the matter. 8. (1) The persons with disabilities shall have equal protection and safety in situations Protection of risk, armed conflict, humanitarian emergencies and natural disasters. and safety. (2) The National Disaster Management Authority and the State Disaster Management Authority shall take appropriate measures to ensure inclusion of persons with disabilities 53 of 2005. in its disaster management activities as defined under clause (e) of section 2 of the Disaster Management Act, 2005 for the safety and protection of persons with disabilities. (3) The District Disaster Management Authority constituted under section 25 of the Disaster Management Act, 2005 shall maintain record of details of persons with disabilities in the district and take suitable measures to inform such persons of any situations of risk 53 of 2005. so as to enhance disaster preparedness. (4) The authorities engaged in reconstruction activities subsequent to any situation of risk, armed conflict or natural disasters shall undertake such activities, in consultation with the concerned State Commissioner, in accordance with the accessibility requirements of persons with disabilities. 9. (1) No child with disability shall be separated from his or her parents on the ground Home and of disability except on an order of competent court, if required, in the best interest of the family. child. (2) Where the parents are unable to take care of a child with disability, the competent court shall place such child with his or her near relations, and failing that within the community in a family setting or in exceptional cases in shelter home run by the appropriate Government or non-governmental organisation, as may be required.138 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Reproductive 10. (1) The appropriate Government shall ensure that persons with disabilities have rights. access to appropriate information regarding reproductive and family planning. (2) No person with disability shall be subject to any medical procedure which leads to infertility without his or her free and informed consent. Accessibility in 11. The Election Commission of India and the State Election Commissions shall voting. ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them. Access to 12. (1) The appropriate Government shall ensure that persons with disabilities are justice. able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability. (2) The appropriate Government shall take steps to put in place suitable support measures for persons with disabilities specially those living outside family and those disabled requiring high support for exercising legal rights. (3) The National Legal Services Authority and the State Legal Services Authorities constituted under the Legal Services Authorities Act, 1987 shall make provisions including reasonable accommodation to ensure that persons with disabilities have access to any 39 of 1987. scheme, programme, facility or service offered by them equally with others. (4) The appropriate Government shall take steps to— (a) ensure that all their public documents are in accessible formats; (b) ensure that the filing departments, registry or any other office of records are supplied with necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats; and (c) make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication. Legal 13. (1) The appropriate Government shall ensure that the persons with disabilities capacity. have right, equally with others, to own or inherit property, movable or immovable, control their financial affairs and have access to bank loans, mortgages and other forms of financial credit. (2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any other person before the law. (3) When a conflict of interest arises between a person providing support and a person with disability in a particular financial, property or other economic transaction, then such supporting person shall abstain from providing support to the person with disability in that transaction: Provided that there shall not be a presumption of conflict of interest just on the basis that the supporting person is related to the person with disability by blood, affinity or adoption. (4) A person with disability may alter, modify or dismantle any support arrangement and seek the support of another: Provided that such alteration, modification or dismantling shall be prospective in nature and shall not nullify any third party transaction entered into by the person with disability with the aforesaid support arrangement. (5) Any person providing support to the person with disability shall not exercise undue influence and shall respect his or her autonomy, dignity and privacy. Provision for 14. (1) Notwithstanding anything contained in any other law for the time being in force, guardianship. on and from the date of commencement of this Act, where a district court or any designated authority, as notified by the State Government, finds that a person withMay 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 139 disability, who had been provided adequate and appropriate support but is unable to take legally binding decisions, may be provided further support of a limited guardian to take legally binding decisions on his behalf in consultation with such person, in such manner, as may be prescribed by the State Government: Provided that the District Court or the designated authority, as the case may be, may grant total support to the person with disability requiring such support or where the limited guardianship is to be granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by the Court or the designated authority, as the case may be, to determine the nature and manner of support to be provided. Explanation.—For the purposes of this sub-section, “limited guardianship” means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. (2) On and from the date of commencement of this Act, every guardian appointed under any provision of any other law for the time being in force, for a person with disability shall be deemed to function as a limited guardian. (3) Any person with disability aggrieved by the decision of the designated authority appointing a legal guardian may prefer an appeal to such appellate authority, as may be notified by the State Government for the purpose. 15. (1) The appropriate Government shall designate one or more authorities to Designation of mobilise the community and create social awareness to support persons with disabilities authorities to in exercise of their legal capacity. support. (2) The authority designated under sub-section (1) shall take measures for setting up suitable support arrangements to exercise legal capacity by persons with disabilities living in institutions and those with high support needs and any other measures as may be required. CHAPTER III EDUCATION 16. The appropriate Government and the local authorities shall endeavour that all Duty of educational institutions funded or recognised by them provide inclusive education to the educational children with disabilities and towards that end shall— institutions. (i) admit them without discrimination and provide education and opportunities for sports and recreation activities equally with others; (ii) make building, campus and various facilities accessible; (iii) provide reasonable accommodation according to the individual’s requirements; (iv) provide necessary support individualised or otherwise in environments that maximise academic and social development consistent with the goal of full inclusion; (v) ensure that the education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication; (vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them; (vii) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disability; (viii) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs. 17. The appropriate Government and the local authorities shall take the following Specific measures for the purpose of section 16, namely:— measures to promote and (a) to conduct survey of school going children in every five years for identifying facilitate children with disabilities, ascertaining their special needs and the extent to which these inclusive education. are being met:140 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Provided that the first survey shall be conducted within a period of two years from the date of commencement of this Act; (b) to establish adequate number of teacher training institutions; (c) to train and employ teachers, including teachers with disability who are qualified in sign language and Braille and also teachers who are trained in teaching children with intellectual disability; (d) to train professionals and staff to support inclusive education at all levels of school education; (e) to establish adequate number of resource centres to support educational institutions at all levels of school education; (f) to promote the use of appropriate augmentative and alternative modes including means and formats of communication, Braille and sign language to supplement the use of one’s own speech to fulfill the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society; (g) to provide books, other learning materials and appropriate assistive devices to students with benchmark disabilities free of cost up to the age of eighteen years; (h) to provide scholarships in appropriate cases to students with benchmark disability; (i) to make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities such as extra time for completion of examination paper, facility of scribe or amanuensis, exemption from second and third language courses; (j) to promote research to improve learning; and (k) any other measures, as may be required. Adult 18. The appropriate Government and the local authorities shall take measures to education. promote, protect and ensure participation of persons with disabilities in adult education and continuing education programmes equally with others. CHAPTER IV SKILL DEVELOPMENT AND EMPLOYMENT Vocational 19. (1) The appropriate Government shall formulate schemes and programmes training and including provision of loans at concessional rates to facilitate and support employment self of persons with disabilities especially for their vocational training and self-employment. employment. (2) The schemes and programmes referred to in sub-section (1) shall provide for— (a) inclusion of person with disability in all mainstream formal and non-formal vocational and skill training schemes and programmes; (b) to ensure that a person with disability has adequate support and facilities to avail specific training; (c) exclusive skill training programmes for persons with disabilities with active links with the market, for those with developmental, intellectual, multiple disabilities and autism; (d) loans at concessional rates including that of microcredit; (e) marketing the products made by persons with disabilities; and (f) maintenance of disaggregated data on the progress made in the skill training and self-employment, including persons with disabilities. Non-discrimi- 20. (1) No Government establishment shall discriminate against any person with nation in disability in any matter relating to employment: employment.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 141 Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section. (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability. (3) No promotion shall be denied to a person merely on the ground of disability. (4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service: Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. (5) The appropriate Government may frame policies for posting and transfer of employees with disabilities. 21. (1) Every establishment shall notify equal opportunity policy detailing measures Equal proposed to be taken by it in pursuance of the provisions of this Chapter in the manner opportunity as may be prescribed by the Central Government. policy. (2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be. 22. (1) Every establishment shall maintain records of the persons with disabilities in Maintenance relation to the matter of employment, facilities provided and other necessary information of records. in compliance with the provisions of this Chapter in such form and manner as may be prescribed by the Central Government. (2) Every employment exchange shall maintain records of persons with disabilities seeking employment. (3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate Government. 23. (1) Every Government establishment shall appoint a Grievance Redressal Officer Appointment for the purpose of section 19 and shall inform the Chief Commissioner or the State of Commissioner, as the case may be, about the appointment of such officer. Grievance Redressal (2) Any person aggrieved with the non-compliance of the provisions of section 20, Officer. may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action. (3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration. (4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability. CHAPTER V SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION 24. (1) The appropriate Government shall within the limit of its economic capacity and Social development formulate necessary schemes and programmes to safeguard and promote security. the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community: Provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others.142 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (2) The appropriate Government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status. (3) The schemes under sub-section (1) shall provide for,— (a) community centres with good living conditions in terms of safety, sanitation, health care and counselling; (b) facilities for persons including children with disabilities who have no family or have been abandoned, or are without shelter or livelihood; (c) support during natural or man-made disasters and in areas of conflict; (d) support to women with disability for livelihood and for upbringing of their children; (e) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas; (f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free of cost to persons with disabilities with such income ceiling as may be notified; (g) disability pension to persons with disabilities subject to such income ceiling as may be notified; (h) unemployment allowance to persons with disabilities registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation; (i) care-giver allowance to persons with disabilities with high support needs; (j) comprehensive insurance scheme for persons with disability, not covered under the Employees State Insurance Schemes, or any other statutory or Governmentsponsored insurance schemes; (k) any other matter which the appropriate Government may think fit. Healthcare. 25. (1) The appropriate Government and the local authorities shall take necessary measures for the persons with disabilities to provide,— (a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified; (b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres; (c) priority in attendance and treatment. (2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall— (a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities; (b) promote various methods for preventing disabilities; (c) screen all the children at least once in a year for the purpose of identifying “at-risk” cases; (d) provide facilities for training to the staff at the primary health centres; (e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation; (f) take measures for pre-natal, perinatal and post-natal care of mother and child;May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 143 (g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers; (h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted; (i) healthcare during the time of natural disasters and other situations of risk; (j) essential medical facilities for life saving emergency treatment and procedures; and (k) sexual and reproductive healthcare especially for women with disability. 26. The appropriate Government shall, by notification, make insurance schemes for Insurance their employees with disabilities. schemes. 27.(1) The appropriate Government and the local authorities shall within their economic Rehabilitation. capacity and development, undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities. (2) For the purposes of sub-section (1), the appropriate Government and the local authorities may grant financial assistance to non-Governmental Organisations. (3) The appropriate Government and the local authorities, while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities. 28. The appropriate Government shall initiate or cause to be initiated research and Research and development through individuals and institutions on issues which shall enhance habilitation development. and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities. 29. The appropriate Government and the local authorities shall take measures to Culture and promote and protect the rights of all persons with disabilities to have a cultural life and recreation. to participate in recreational activities equally with others which include,— (a) facilities, support and sponsorships to artists and writers with disability to pursue their interests and talents; (b) establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities; (c) making art accessible to persons with disabilities; (d) promoting recreation centres, and other associational activities; (e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities; (f) redesigning courses in cultural and arts subjects to enable participation and access for persons with disabilities; (g) developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities; and (h) ensuring that persons with hearing impairment can have access to television programmes with sign language interpretation or sub-titles. 30. (1) The appropriate Government shall take measures to ensure effective participation Sporting in sporting activities of the persons with disabilities. activities. (2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents. (3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate Government and the sports authorities shall take measures to,—144 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (a) restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities; (b) redesign and support infrastructure facilities of all sporting activities for persons with disabilities; (c) develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities; (d) provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities; (e) allocate funds for development of state of art sport facilities for training of persons with disabilities; (f) promote and organise disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events. CHAPTER VI SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES Free education 31. (1) Notwithstanding anything contained in the Rights of Children to Free and for children Compulsory Education Act, 2009, every child with benchmark disability between the age with of six to eighteen years shall have the right to free education in a neighbourhood school, 35 of 2009. benchmark or in a special school, of his choice. disabilities. (2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years. Reservation in 32. (1) All Government institutions of higher education and other higher education higher institutions receiving aid from the Government shall reserve not less than five per cent. educational seats for persons with benchmark disabilities. institutions. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education. Identification 33. The appropriate Government shall— of posts for reservation. (i) identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34; (ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and (iii) undertake periodic review of the identified posts at an interval not exceeding three years. Reservation. 34. (1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e), namely:— (a) blindness and low vision; (b) deaf and hard of hearing; (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; (d) autism, intellectual disability, specific learning disability and mental illness; (e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 145 Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time: Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section. (2) Where in any recruitment year any vacancy cannot be filled up due to nonavailability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government. (3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit. 35. The appropriate Government and the local authorities shall, within the limit of their Incentives to economic capacity and development, provide incentives to employer in private sector to employers in ensure that at least five per cent. of their work force is composed of persons with private sector. benchmark disability. 36. The appropriate Government may, by notification, require that from such date, the Special employer in every establishment shall furnish such information or return as may be employment prescribed by the Central Government in relation to vacancies appointed for persons with exchange. benchmark disability that have occurred or are about to occur in that establishment to such special employment exchange as may be notified by the Central Government and the establishment shall thereupon comply with such requisition. 37. The appropriate Government and the local authorities shall, by notification, make Special schemes in favour of persons with benchmark disabilities, to provide,— schemes and (a) five per cent. reservation in allotment of agricultural land and housing in all development relevant schemes and development programmes, with appropriate priority to women with programmes. benchmark disabilities; (b) five per cent. reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities; (c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres. CHAPTER VII SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS 38. (1) Any person with benchmark disability, who considers himself to be in need of Special high support, or any person or organisation on his or her behalf, may apply to an authority, provisions to be notified by the appropriate Government, requesting to provide high support. for persons with (2) On receipt of an application under sub-section (1), the authority shall refer it to disabilities an Assessment Board consisting of such Members as may be prescribed by the Central with high support. Government. (3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature. (4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf.146 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 CHAPTER VIII DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS Awareness 39. (1) The appropriate Government, in consultation with the Chief Commissioner or campaigns. the State Commissioner, as the case may be, shall conduct, encourage, support or promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with disabilities provided under this Act are protected. (2) The programmes and campaigns specified under sub-section (1) shall also,— (a) promote values of inclusion, tolerance, empathy and respect for diversity; (b) advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee; (c) foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children; (d) provide orientation and sensitisation at the school, college, University and professional training level on the human condition of disability and the rights of persons with disabilities; (e) provide orientation and sensitisation on disabling conditions and rights of persons with disabilities to employers, administrators and co-workers; (f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, colleges and schools. Accessibility. 40. The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas. Access to 41. (1) The appropriate Government shall take suitable measures to provide,— transport. (a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines; (b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design; (c) accessible roads to address mobility necessary for persons with disabilities. (2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,— (a) incentives and concessions; (b) retrofitting of vehicles; and (c) personal mobility assistance. Access to 42. The appropriate Government shall take measures to ensure that,— information and (i) all contents available in audio, print and electronic media are in accessible communication format; technology. (ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning; (iii) electronic goods and equipment which are meant for every day use are available in universal design.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 147 43. The appropriate Government shall take measures to promote development, Consumer production and distribution of universally designed consumer products and accessories goods. for general use for persons with disabilities. 44. (1) No establishment shall be granted permission to build any structure if the Mandatory building plan does not adhere to the rules formulated by the Central Government under observance section 40. of accessibility (2) No establishment shall be issued a certificate of completion or allowed to take norms. occupation of a building unless it has adhered to the rules formulated by the Central Government. 45. (1) All existing public buildings shall be made accessible in accordance with the Time limit for rules formulated by the Central Government within a period not exceeding five years from making the date of notification of such rules: existing infrastructure Provided that the Central Government may grant extension of time to the States on and a case to case basis for adherence to this provision depending on their state of premises accessible preparedness and other related parameters. and action (2) The appropriate Government and the local authorities shall formulate and for that purpose. publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops. 46. The service providers whether Government or private shall provide services in Time limit for accordance with the rules on accessibility formulated by the Central Government under accessibility section 40 within a period of two years from the date of notification of such rules: by service providers. Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules. 47. (1) Without prejudice to any function and power of Rehabilitation Council of India Human constituted under the Rehabilitation Council of India Act, 1992, the appropriate Government resource 34 of 1992. shall endeavour to develop human resource for the purposes of this Act and to that end development. shall,— (a) mandate training on disability rights in all courses for the training of Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers; (b) induct disability as a component for all education courses for schools, colleges and University teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, asha workers, anganwadi workers, engineers, architects, other professionals and community workers; (c) initiate capacity building programmes including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support; (d) ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect; (e) conduct training programmes for sports teachers with focus on sports, games, adventure activities; (f) any other capacity development measures as may be required. (2) All Universities shall promote teaching and research in disability studies including establishment of study centres for such studies. (3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitisation, orientation and training of suitable personnel to undertake the various responsibilities under this Act.148 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Social audit. 48. The appropriate Government shall undertake social audit of all general schemes and programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities. CHAPTER IX REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS Competent 49. The State Government shall appoint an authority as it deems fit to be a competent authority. authority for the purposes of this Chapter. Registration. 50. Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority: Provided that an institution for care of mentally ill persons, which holds a valid licence under section 8 of the Mental Health Act, 1987 or any other Act for the time being 14 of 1987. in force, shall not be required to be registered under this Act. Application 51. (1) Every application for a certificate of registration shall be made to the competent and grant of authority in such form and in such manner as may be prescribed by the State Government. certificate of registration. (2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder, it shall grant a certificate of registration to the applicant within a period of ninety days of receipt of application and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for: Provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing. (3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the State Government. (4) The certificate of registration granted under sub-section (2) ,— (a) shall, unless revoked under section 52 remain in force for such period as may be prescribed by the State Government; (b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government. (5) An application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity. (6) A copy of the certificate of registration shall be displayed by the institution in a conspicuous place. (7) Every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the State Government. Revocation of 52. (1) The competent authority may, if it has reason to believe that the holder of a registration. certificate of registration granted under sub-section (2) of section 51 has,— (a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or (b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate:May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 149 Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked. (2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,— (a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or (b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal. (3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be— (a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or (b) transferred to any other institution specified by the competent authority. (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority. 53. (1) Any person aggrieved by the order of the competent authority refusing to grant Appeal. a certificate of registration or revoking a certificate of registration may, within such period as may be prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by the State Government against such refusal or revocation. (2) The order of the appellate authority on such appeal shall be final. 54. Nothing contained in this Chapter shall apply to an institution for persons with Act not to disabilities established or maintained by the Central Government or a State Government. apply to institutions established or maintained by Central or State Government. 55. The appropriate Government may within the limits of their economic capacity and Assistance to development, grant financial assistance to registered institutions to provide services and registered to implement the schemes and programmes in pursuance of the provisions of this Act. institutions. CHAPTER X CERTIFICATION OF SPECIFIED DISABILITIES 56. The Central Government shall notify guidelines for the purpose of assessing the Guidelines for extent of specified disability in a person. assessment of specified disabilities. 57. (1) The appropriate Government shall designate persons, having requisite Designation of qualifications and experience, as certifying authorities, who shall be competent to issue certifying the certificate of disability. authorities. (2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions. 58. (1) Any person with specified disability, may apply, in such manner as may be Procedure for prescribed by the Central Government, to a certifying authority having jurisdiction, for certification. issuing of a certificate of disability.150 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,— (a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government; (b) inform him in writing that he has no specified disability. (3) The certificate of disability issued under this section shall be valid across the country. Appeal against 59. (1) Any person aggrieved with decision of the certifying authority, may appeal a decision of against such decision, within such time and in such manner as may be prescribed by certifying the State Government, to such appellate authority as the State Government may designate authority. for the purpose. (2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government. CHAPTER XI CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE Constitution of 60. (1) The Central Government shall, by notification, constitute a body to be known Central as the Central Advisory Board on Disability to exercise the powers conferred on, and to Advisory perform the functions assigned to it, under this Act. Board on Disability. (2) The Central Advisory Board shall consist of,— (a) the Minister in charge of Department of Disability Affairs in the Central Government, Chairperson, ex officio; (b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry in the Central Government, Vice Chairperson, ex officio; (c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio; (d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant Governors of the Union territories, Members, ex officio; (e) Secretaries to the Government of India in charge of the Ministries or Departments of Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher Education, Women and Child Development, Expenditure, Personnel and Training, Administrative Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Communications and Information Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, ex officio; (f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio; (g) Chairperson, Rehabilitation Council of India, Member, ex officio; (h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio; (i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, Member, ex officio; (j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member, ex officio; (k) Chairman, Railway Board, Member, ex officio; (l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, ex officio;May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 151 (m) Director, National Council for Educational Research and Training, Member, ex officio; (n) Chairperson, National Council of Teacher Education, Member, ex officio; (o) Chairperson, University Grants Commission, Member, ex officio; (p) Chairperson, Medical Council of India, Member, ex officio; (q) Directors of the following Institutes:— (i) National Institute for the Visually Handicapped, Dehradun; (ii) National Institute for the Mentally Handicapped, Secundrabad; (iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi; (iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai; (v) National Institute for the Orthopaedically Handicapped, Kolkata; (vi) National Institute of Rehabilitation Training and Research, Cuttack; (vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai; (viii) National Institute for Mental Health and Sciences, Bangalore; (ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio; (r) Members to be nominated by the Central Government,— (i) five Members who are experts in the field of disability and rehabilitation; (ii) ten Members, as far as practicable, being persons with disabilities, to represent non-Governmental Organisations concerned with disabilities or disabled persons organisations: Provided that out of the ten Members nominated, at least, five Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; (iii) up to three representatives of national level chambers of commerce and industry; (s) Joint Secretary to the Government of India dealing with the subject of disability policy, Member-Secretary, ex officio. 61. (1) Save as otherwise provided under this Act, a Member of the Central Advisory Terms and Board nominated under clause (r) of sub-section (2) of section 60 shall hold office for a conditions of term of three years from the date of his nomination: Service of members. Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Central Government may, if it thinks fit, remove any Member nominated under clause (r) of sub-section (2) of section 60, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (r) of sub-section (2) of section 60 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon becomes vacant. (4) A casual vacancy in the Central Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated. (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (r) of sub-section (2) of section 60 shall be eligible for renomination.152 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (6) The Members nominated under sub-clause (i) and sub-clause (ii) of clause (r) of sub-section (2) of section 60 shall receive such allowances as may be prescribed by the Central Government. Disqualifications. 62. (1) No person shall be a Member of the Central Advisory Board, who — (a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has so abused his position in the opinion of the Central Government as a Member so as to render his continuance in the office is prejudicial interests of the general public. (2) No order of removal shall be made by the Central Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 61, a Member who has been removed under this section shall not be eligible for renomination as a Member. Vacation of 63. If a Member of the Central Advisory Board becomes subject to any of the seats by disqualifications specified in section 62, his seat shall become vacant. Members. Meetings of 64. The Central Advisory Board shall meet at least once in every six months and shall the Central observe such rules of procedure in regard to the transaction of business at its meetings Advisory as may be prescribed. Board on disability. Functions of 65. (1) Subject to the provisions of this Act, the Central Advisory Board on disability Central shall be the national-level consultative and advisory body on disability matters, and shall Advisory facilitate the continuous evolution of a comprehensive policy for the empowerment of Board on persons with disabilities and the full enjoyment of rights. disability. (2) In particular and without prejudice to the generality of the foregoing provisions, the Central Advisory Board on disability shall perform the following functions, namely:— (a) advise the Central Government and the State Governments on policies, programmes, legislation and projects with respect to disability; (b) develop a national policy to address issues concerning persons with disabilities; (c) review and coordinate the activities of all Departments of the Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the national plans; (e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities vis-à-vis information, services and the built environment and their participation in social life; (f) monitor and evaluate the impact of laws, policies and programmes to achieve full participation of persons with disabilities; and (g) such other functions as may be assigned from time to time by the Central Government.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 153 66. (1) Every State Government shall, by notification, constitute a body to be known as State the State Advisory Board on disability to exercise the powers conferred on, and to perform Advisory the function assigned to it, under this Act. Board on disability. (2) The State Advisory Board shall consist of— (a) the Minister in charge of the Department in the State Government dealing with disability matters, Chairperson, ex officio; (b) the Minister of State or the Deputy Minister in charge of the Department in the State Government dealing with disability matters, if any, Vice-Chairperson, ex officio; (c) secretaries to the State Government in charge of the Departments of Disability Affairs, School Education, Literacy and Higher Education, Women and Child Development, Finance, Personnel and Training, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Labour and Employment, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Information Technology, Public Enterprises, Youth Affairs and Sports, Road Transport and any other Department, which the State Government considers necessary, Members, ex officio; (d) three Members of the State Legislature of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any, and where there is no Legislative Council, three Members shall be elected by the Legislative Assembly, Members, ex officio; (e) Members to be nominated by the State Government:— (i) five Members who are experts in the field of disability and rehabilitation; (ii) five Members to be nominated by the State Government by rotation to represent the districts in such manner as may be prescribed: Provided that no nomination under this sub-clause shall be made except on the recommendation of the district administration concerned; (iii) ten persons as far as practicable, being persons with disabilities, to represent non-Governmental Organisations or associations which are concerned with disabilities: Provided that out of the ten persons nominated under this clause, at least, five shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes; (iv) not more than three representatives of the State Chamber of Commerce and Industry; (f) officer not below the rank of Joint Secretary in the Department dealing with disability matters in the State Government, Member-Secretary, ex officio. 67. (1) Save as otherwise provided under this Act, a Member of the State Advisory Terms and Board nominated under clause (e) of sub-section (2) of section 66, shall hold office for conditions of a term of three years from the date of his nomination: service of Members. Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The State Government may, if it thinks fit, remove any Member nominated under clause (e) of sub-section (2) of section 66, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (3) A Member nominated under clause (e) of sub-section (2) of section 66 may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant. (4) A casual vacancy in the State Advisory Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.154 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (5) A Member nominated under sub-clause (i) or sub-clause (iii) of clause (e) of sub-section (2) of section 66 shall be eligible for renomination. (6) the Members nominated under sub-clause (i) and sub-clause (ii) of clause (e) of sub-section (2) of section 66 shall receive such allowances as may be prescribed by the State Government. Disqualification. 68. (1) No person shall be a Member of the State Advisory Board, who— (a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or (b) is of unsound mind and stands so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has so abused in the opinion of the State Government his position as a Member as to render his continuance in the State Advisory Board detrimental to the interests of the general public. (2) No order of removal shall be made by the State Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding anything contained in sub-section (1) or sub-section (5) of section 67, a Member who has been removed under this section shall not be eligible for renomination as a Member. Vacation of 69. If a Member of the State Advisory Board becomes subject to any of the seats. disqualifications specified in section 68 his seat shall become vacant. Meetings of 70. The State Advisory Board shall meet at least once in every six months and shall State observe such rules or procedure in regard to the transaction of business at its meetings Advisory as may be prescribed by the State Government. Board on disability. Functions of 71. (1) Subject to the provisions of this Act, the State Advisory Board shall be the State- State level consultative and advisory body on disability matters, and shall facilitate the continuous Advisory evolution of a comprehensive policy for the empowerment of persons with disabilities and Board on the full enjoyment of rights. disability. (2) In particular and without prejudice to the generality of the foregoing provisions, the State Advisory Board on disability shall perform the following functions, namely:— (a) advise the State Government on policies, programmes, legislation and projects with respect to disability; (b) develop a State policy to address issues concerning persons with disabilities; (c) review and coordinate the activities of all Departments of the State Government and other Governmental and non-Governmental Organisations in the State which are dealing with matters relating to persons with disabilities; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the persons with disabilities in the State plans; (e) recommend steps to ensure accessibility, reasonable accommodation, nondiscrimination for persons with disabilities, services and the built environment and their participation in social life on an equal basis with others; (f) monitor and evaluate the impact of laws, policies and programmes designed to achieve full participation of persons with disabilities; and (g) such other functions as may be assigned from time to time by the State Government.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 155 72. The State Government shall constitute District-level Committee on disability to District-level perform such functions as may be prescribed by it. Committee on disability. 73. No act or proceeding of the Central Advisory Board on disability, a State Advisory Vacancies not Board on disability, or a District-level Committee on disability shall be called in question to invalidate proceedings. on the ground merely of the existence of any vacancy in or any defect in the constitution of such Board or Committee, as the case may be. CHAPTER XII CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES 74. (1) The Central Government may, by notification, appoint a Chief Commissioner Appointment for Persons with Disabilities (hereinafter referred to as the “Chief Commissioner”) for the of Chief purposes of this Act. Commissioner and (2) The Central Government may, by notification appoint two Commissioners to Commissioners. assist the Chief Commissioner, of which one Commissioner shall be a persons with disability. (3) A person shall not be qualified for appointment as the Chief Commissioner or Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (4) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be such as may be prescribed by the Central Government. (5) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit. (6) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence and control of the Chief Commissioner. (7) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the Central Government. (8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such manner as may be prescribed by the Central Government. 75. (1) The Chief Commissioner shall— Functions of Chief (a) identify, suo motu or otherwise, the provisions of any law or policy, Commissioner. programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps; (b) inquire, suo motu or otherwise, deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the Central Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation; (f) undertake and promote research in the field of the rights of persons with disabilities;156 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (g) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (h) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (i) monitor utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and (j) perform such other functions as the Central Government may assign. (2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act. Action of 76. Whenever the Chief Commissioner makes a recommendation to an authority in appropriate pursuance of clause (b) of section 75, that authority shall take necessary action on it, and authorities on inform the Chief Commissioner of the action taken within three months from the date of recommenda- receipt of the recommendation: tion of Chief Commissioner. Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the Chief Commissioner within a period of three months, and shall also inform the aggrieved person. Powers of 77. (1) The Chief Commissioner shall, for the purpose of discharging his functions Chief under this Act, have the same powers of a civil court as are vested in a court under the Commissioner. Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, 5 of 1908. namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the Chief Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief 45 of 1860. Commissioner shall be deemed to be a civil court for the purposes of section 195 and 2 of 1974. Chapter XXVI of the Code of Criminal Procedure, 1973. Annual and 78. (1) The Chief Commissioner shall submit an annual report to the Central special Government and may at any time submit special reports on any matter, which, in his reports by opinion, is of such urgency or importance that it shall not be deferred till submission of Chief the annual report. Commissioner. (2) The Central Government shall cause the annual and the special reports of the Chief Commissioner to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be taken on his recommendations and the reasons for nonacceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government. 79. (1) The State Government may, by notification, appoint a State Commissioner for Appointment of State Persons with Disabilities (hereinafter referred to as the “State Commissioner”) for the Commissioner purposes of this Act. in States. (2) A person shall not be qualified for appointment as the State Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation. (3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the State Commissioner shall be such as may be prescribed by the State Government.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 157 (4) The State Government shall determine the nature and categories of officers and other employees required to assist the State Commissioner in the discharge of his functions and provide the State Commissioner with such officers and other employees as it thinks fit. (5) The officers and employees provided to the State Commissioner shall discharge his functions under the general superintendence and control of the State Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the State Government. (7) The State Commissioner shall be assisted by an advisory committee comprising of not more than five members drawn from the experts in the disability sector in such manner as may be prescribed by the State Government. 80. The State Commissioner shall— Functions of State Commissioner. (a) identify, suo motu or otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, and recommend necessary corrective steps; (b) inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action; (c) review the safeguards provided by or under this Act or any other law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation; (d) review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures; (e) undertake and promote research in the field of the rights of persons with disabilities; (f) promote awareness of the rights of persons with disabilities and the safeguards available for their protection; (g) monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities; (h) monitor utilisation of funds disbursed by the State Government for the benefits of persons with disabilities; and (i) perform such other functions as the State Government may assign. 81. Whenever the State Commissioner makes a recommendation to an authority in Action by pursuance of clause (b) of section 80, that authority shall take necessary action on it, and appropriate inform the State Commissioner of the action taken within three months from the date of authorities on receipt of the recommendation: recommen- dation of State Commissioner. Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person. 82. (1) The State Commissioner shall, for the purpose of discharging their functions Powers of under this Act, have the same powers of a civil court as are vested in a court under the State 5 of 1908. Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, Commissioner. namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any documents;158 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the State 45 of 1860. Commissioners shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. 2 of 1974. Annual and 83. (1) The State Commissioner shall submit an annual report to the State Government special and may at any time submit special reports on any matter, which, in its opinion, is of such reports by urgency or importance that it shall not be deferred till submission of the annual report. State Commissioner. (2) The State Government shall cause the annual and the special reports of the State Commissioner for persons with disabilities to be laid before each House of State Legislature where it consists of two Houses or where such Legislature consist of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendation of the State Commissioner and the reasons for non- acceptance the recommendations, if any. (3) The annual and special reports shall be prepared in such form, manner and contain such details as may be prescribed by the State Government. CHAPTER XIII SPECIAL COURT Special Court. 84. For the purpose of providing speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district, a Court of Session to be a Special Court to try the offences under this Act. Special Public 85. (1) For every Special Court, the State Government may, by notification, specify a Prosecutor. Public Prosecutor or appoint an advocate, who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. (2) The Special Public Prosecutor appointed under sub-section (1) shall be entitled to receive such fees or remuneration as may be prescribed by the State Government. CHAPTER XIV NATIONAL FUND FOR PERSONS WITH DISABILITIES National Fund 86. (1) There shall be constituted a Fund to be called the National Fund for persons for persons with disabilities and there shall be credited thereto— with disabilities. (a) all sums available under the Fund for people with disabilities, constituted vide notification No. S.O. 573 (E), dated the 11th August, 1983 and the Trust Fund for Empowerment of Persons with Disabilities, constituted vide notification No. 30-03/ 2004- 6 of 1890. DDII, dated the 21st November, 2006, under the Charitable Endowment Act, 1890. (b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16th April, 2004 of the Hon’ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000; (c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers; (d) all sums received from the Central Government including grants-in-aid; (e) all sums from such other sources as may be decided by the Central Government. (2) The Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 159 87. (1) The Central Government shall maintain proper accounts and other relevant Accounts and records and prepare an annual statement of accounts of the Fund including the income audit. and expenditure accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Fund shall be audited by the Comptroller and Auditor- General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the Fund to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Fund shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor- General of India generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the Fund. (4) The accounts of the Fund as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon, shall be laid before each House of Parliament by the Central Government. CHAPTER XV STATE FUND FOR PERSONS WITH DISABILITIES 88. (1) There shall be constituted a Fund to be called the State Fund for persons with State Fund disabilities by a State Government in such manner as may be prescribed by the State for persons Government. with disabilities. (2) The State Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed by the State Government. (3) Every State Government shall maintain proper accounts and other relevant records of the State Fund for persons with disabilities including the income and expenditure accounts in such form as may be prescribed by the State Government in consultation with the Comptroller and Auditor-General of India. (4) The accounts of the State Fund for persons with disabilities shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable from the State Fund to the Comptroller and Auditor-General of India. (5) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Fund for persons with disabilities shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of the Government accounts, and in particular, shall have right to demand production of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Fund. (6) The accounts of the State Fund for persons with disabilites as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be laid before each House of the State Legislature where it consists of two Houses or where such Legislature consists of one House before that House. CHAPTER XVI OFFENCES AND PENALTIES 89. Any person who contravenes any of the provisions of this Act, or of any rule made Punishment thereunder shall for first contravention be punishable with fine which may extend to ten for contravention thounsand rupees and for any subsequent contravention with fine which shall not be less of provisions than fifty thousand rupees but which may extend to five lakh rupees. of Act or rules or regulations made thereunder.160 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 Offences by 90. (1) Where an offence under this Act has been committed by a company, every companies. person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. Punishment for 91. Whoever, fraudulently avails or attempts to avail any benefit meant for persons with fraudulently benchmark disabilities, shall be punishable with imprisonment for a term which may availing any extend to two years or with fine which may extend to one lakh rupees or with both. benefit meant for persons with benchmark disabilities. Punishment for 92. Whoever,— offences of atrocities. (a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view; (b) assaults or uses force to any person with disability with intent to dishonour him or outrage the modesty of a woman with disability; (c) having the actual charge or control over a person with disability voluntarily or knowingly denies food or fluids to him or her; (d) being in a position to dominate the will of a child or woman with disability and uses that position to exploit her sexually; (e) voluntarily injures, damages or interferes with the use of any limb or sense or any supporting device of a person with disability; (f) performs, conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent except in cases where medical procedure for termination of pregnancy is done in severe cases of disability and with the opinion of a registered medical practitioner and also with the consent of the guardian of the woman with disability, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. Punishment for 93. Whoever, fails to produce any book, account or other documents or to furnish any failure to statement, information or particulars which, under this Act or any order, or direction made furnish or given thereunder, is duty bound to produce or furnish or to answer any question put information. in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 161 94. No Court shall take cognizance of an offence alleged to have been committed by Previous an employee of the appropriate Government under this Chapter, except with the previous sanction of sanction of the appropriate Government or a complaint is filed by an officer authorised appropriate Government. by it in this behalf. 95. Where an act or omission constitutes an offence punishable under this Act and Alternative also under any other Central or State Act, then, notwithstanding anything contained in any punishments. other law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under such Act as provides for punishment which is greater in degree. CHAPTER XVII MISCELLANEOUS 96. The provisions of this Act shall be in addition to, and not in derogation of, the Application of provisions of any other law for the time being in force. other laws not barred. 97. No suit, prosecution or other legal proceeding shall lie against the appropriate Protection of Government or any officer of the appropriate Government or any officer or employee of the action taken in good faith. Chief Commissioner or the State Commissioner for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. 98. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order, published in the Official Gazette, make such provisions or give remove such directions, not inconsistent with the provisions of this Act, as may appear to it to be difficulties. necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament. 99. (1) On the recommendations made by the appropriate Government or otherwise, Power to if the Central Government is satisfied that it is necessary or expedient so to do, it may, amend by notification, amend the Schedule and any such notification being issued, the Schedule Schedule. shall be deemed to have been amended accordingly. (2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament. 100. (1) The Central Government may, subject to the condition of previous publication, Power of by notification, make rules for carrying out the provisions of this Act. Central Government (2) In particular, and without prejudice to the generality of the foregoing power, such to make rules may provide for all or any of the following matters, namely:— rules. (a) the manner of constituting the Committee for Research on Disability under sub-section (2) of section 6; (b) the manner of notifying the equal opportunity policy under sub-section (1) of section 21; (c) the form and manner of maintaining records by every establishment under sub-section (1) of section 22; (d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section (3) of section 23; (e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 36; (f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the Assessment Board under sub-section (3) of section 38; (g) rules for person with disabilites laying down the standards of accessibility under section 40;162 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 (h) the manner of application for issuance of certificate of disability under sub- section (1) and form of certificate of disability under sub-section (2) of section 58; (i) the allowances to be paid to nominated Members of the Central Advisory Board under sub-section (6) of section 61; (j) the rules of procedure for transaction of business in the meetings of the Central Advisory Board under section 64; (k) the salaries and allowances and other conditions of services of Chief Commissioner and Commissioners under sub-section (4) of section 74; (l) the salaries and allowances and conditions of services of officers and staff of the Chief Commissioner under sub-section (7) of section 74; (m) the composition and manner of appointment of experts in the advisory committee under sub-section (8) of section 74; (n) the form, manner and content of annual report to be prepared and submitted by the Chief Commissioner under sub-section (3) of section 78; (o) the procedure, manner of utilisation and management of the Fund under sub-section (2) of section 86; and (p) the form for preparation of accounts of Fund under sub-section (1) of section 87. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Power of State 101. (1) The State Government may, subject to the condition of previous publication, Government by notification, make rules for carrying out the provisions of this Act, not later than six to make months from the date of commencement of this Act. rules. (2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner of constituting the Committee for Research on Disablity under sub-section (2) of section 5; (b) the manner of providing support of a limited guardian under sub-section (1) of section 14; (c) the form and manner of making an application for certificate of registration under sub-section (1) of section 51; (d) the facilities to be provided and standards to be met by institutions for grant of certificate of registration under sub-section (3) of section 51; (e) the validity of certificate of registration, the form of, and conditions attached to, certificate of registration under sub-section (4) of section 51; (f) the period of disposal of application for certificate of registration under sub- section (7) of section 51; (g) the period within which an appeal to be made under sub-section (1) of section 53; (h) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 59;May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 163 (i) the allowances to be paid to nominated Members of the State Advisory Board under sub-section (6) of section 67; (j) the rules of procedure for transaction of business in the meetings of the State Advisory Board under section 70; (k) the composition and functions of District Level Committee under section 72; (l) salaries, allowances and other conditions of services of the State Commissioner under sub-section (3) of section 79; (m) the salaries, allowances and conditions of services of officers and staff of the State Commissioner under sub-section (3) of section 79; (n) the composition and manner of appointment of experts in the advisory committee under sub-section (7) of section 79; (o) the form, manner and content of annual and special reports to be prepared and submitted by the State Commissioner under sub-section (3) of section 83; (p) the fee or remuneration to be paid to the Special Public Prosecutor under sub-section (2) of section 85; (q) the manner of constitution of State Fund for persons with disabilities under sub-section (1), and the manner of utilisation and management of State Fund under sub- section (2) of section 88; (r) the form for preparation of accounts of the State Fund for persons with disabilities under sub-section (3) of section 88. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House. 102. (1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Repeal and 1 of 1996. Participation) Act, 1995 is hereby repealed. savings. (2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.164 TAMIL NADU GOVERNMENT GAZETTE [Part IV—Sec. 4 THE SCHEDULE [See clause (zc) of section 2] SPECIFIED DISABILITY 1. Physical disability.— A. Locomotor disability (a person’s inability to execute distinctive activities associated with movement of self and objects resulting from affliction of musculoskeletal or nervous system or both), including— (a) “leprosy cured person” means a person who has been cured of leprosy but is suffering from— (i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity; (ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity; (iii) extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and the expression “leprosy cured” shall construed accordingly; (b) “cerebral palsy” means a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth; (c) “dwarfism” means a medical or genetic condition resulting in an adult height of 4 feet 10 inches (147 centimeters) or less; (d) “muscular dystrophy” means a group of hereditary genetic muscle disease that weakens the muscles that move the human body and persons with multiple dystrophy have incorrect and missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterised by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue; (e) “acid attack victims” means a person disfigured due to violent assaults by throwing of acid or similar corrosive substance. B. Visual impairment— (a) “blindness” means a condition where a person has any of the following conditions, after best correction— (i) total absence of sight; or (ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better eye with best possible correction; or (iii) limitation of the field of vision subtending an angle of less than 10 degree. (b) “low-vision” means a condition where a person has any of the following conditons, namely:— (i) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto 10/200 (Snellen) in the better eye with best possible corrections; or (ii) limitation of the field of vision subtending an angle of less than 40 degree up to 10 degree. C. Hearing impairment— (a) “deaf” means persons having 70 DB hearing loss in speech frequencies in both ears; (b) “hard of hearing” means person having 60 DB to 70 DB hearing loss in speech frequencies in both ears; D. “speech and language disability” means a permanent disability arising out of conditions such as laryngectomy or aphasia affecting one or more components of speech and language due to organic or neurological causes.May 17, 2017] TAMIL NADU GOVERNMENT GAZETTE 165 2. Intellectual disability, a condition characterised by significant limitation both in intellectual functioning (rasoning, learning, problem solving) and in adaptive behaviour which covers a range of every day, social and practical skills, including— (a) “specific learning disabilities” means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia; (b) “autism spectrum disorder” means a neuro-developmental condition typically appearing in the first three years of life that significantly affects a person’s ability to communicate, understand relationships and relate to others, and is frequently associated with unusal or stereotypical rituals or behaviours. 3. Mental behaviour,— “mental illness” means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life, but does not include retardation which is a conditon of arrested or incomplete development of mind of a person, specially characterised by subnormality of intelligence. 4. Disability caused due to— (a) chronic neurological conditions, such as— (i) “multiple sclerosis” means an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to communicate with each other; (ii) “parkinson’s disease” means a progressive disease of the nervous system marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly affecting middle-aged and elderly people associated with degeneration of the basal ganglia of the brain and a deficiency of the neurotransmitter dopamine. (b) Blood disorder— (i) “haemophilia” means an inheritable disease, usually affecting only male but transmitted by women to their male children, characterised by loss or impairment of the normal clotting ability of blood so that a minor would may result in fatal bleeding; (ii) “thalassemia” means a group of inherited disorders characterised by reduced or absent amounts of haemoglobin. (iii) “sickle cell disease” means a hemolytic disorder characterised by chronic anemia, painful events, and various complications due to associated tissue and organ damage; “hemolytic” refers to the destruction of the cell membrane of red blood cells resulting in the release of hemoglobin. 5. Multiple Disabilities (more than one of the above specified disabilities) including deaf blindness which means a condition in which a person may have combination of hearing and visual impairments causing severe communication, developmental, and educational problems. 6. Any other category as may be notified by the Central Government. DR. G. NARAYANA RAJU, Secretary to the Govt. of India. (Re-published by order of the Governor) A. ARUNAGIRI, Additional Secretary to Government, Law Department. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU.