Ministry of Social Justice and Empowerment, Government of India, Department of Empowerment of Persons with Disabilities (Divyangjan) have notified the much awaited the Rights of Persons with Disabilities Rules, 2017. With the advent of these rules, the Act i.e. The Rights of Persons with Disabilities Act, 2016 which came into force on 27th December 2016 has come into effect with complete powers to regulate Government as well as Private Establishments.
Sequence of Events:
a. The Rights of Persons with Disabilities Act, 2016 came into force on 27th December 2016.
b. The draft of the Rights of Persons with Disabilities Rules, 2017 was published on 21st April, 2017 as required by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 in the Gazette of India.
c. After receipt and reconciliation of the comments, objections and suggestions received from all the stakeholders, the Central Government, in exercise of powers conferred by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), has made the The Rights of Persons with Disabilities Rules, 2017
Important Points:
a. These rules shall come into force with effect from 15th June 2017.
b. This Rules shall extend to whole of India.
c. No person shall be discriminated by the Establishment on the ground of disability.
d. No Establishment shall compel a person with the disability to partly or fully pay the costs incurred for reasonable accommodation.
e. The establishment shall include Government as well as Private Establishment.
f. Every establishment shall publish equal opportunity policy for persons with disabilities and display the same on the website of the Company.
g. Provisions for appointment of Liaison officer have been provided who shall overview the process of appointment of persons with disabilities.
h. The requirement for maintenance of records for persons with disabilities has been provided which shall include the details like name, the number of employees, gender, age, type of disability etc.
i. Following New Compliance related to the physical environment, transport and information and communication technology have been prescribed:
Physical Environment
Standard for public buildings as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disabilities and Elderly Persons as issued by the Government of India, Ministry of Urban Development in March 2016;
Transportation Facilities
The standard for Bus Body Code for transportation system as specified in the notification of the Government of India in the Ministry of Road Transport and Highways.
Information and Communication Technology
· website standard as specified in the Guidelines for Indian Government Websites, as adopted by Department of Administrative Reforms and Public Grievances, Government of India;
· documents to be placed on websites shall be in Electronic Publication (ePUB) or Optical Character Reader (OCR) based pdf format.
Please write to us for a detailed review on the compliances including drafting of Equal Opportunity Policy, the manner of maintenance of records and other compliances applicable to the Government and/or Private Establishment.
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