Rules of RPWD Act
The Ministry of Social Justice and Empowerment (Department of Empowerment of Persons with Disabilities – Divyangjan), in exercise of powers conferred by sub-sections (1) and (2) of Section 100 of the RPWD Act, 2016, published and released the Rights of Persons with Disabilities Rules, 2017 (Rules of RPWD Act) along with eight types of Forms on 15.06.2017.
The rules of RPWD Act provide for aspects for effective implementation of the main act. Significantly, the rules mandate that there shall be a nodal officer in the District Education Office to deal with all matters relating to admissions and facilities to be provided in schools for children with disabilities, in accordance with the provisions of Sections 16 to 31 of the said act.
The procedure for applying for a disability certificate is provided under the Rules of RPWD Act 2017. Rule 17 provides that any person with a specified disability may apply for a certificate of disability and where a person is a minor or has any other disability which renders them unfit, their legal guardian can make such an application. The manner, and requirements to make such an application are mentioned in Rule 17 along with Form IV and the issuance of a certificate of disability is prescribed under Rule 18 along with Form V, VI and VII, as the case may be.
The rules of RPWD Act also provide for an ‘Equal Opportunity Policy’ and how to compute the number of reserved seats, by an employer, for compliance with the reservation rule under the act.
In addition to the Model Rules by the Central Govt., most States have promulgated their own Rules for each State, primarily to specify the authorities under the act and further provide for the procedures. The Delhi Rights of Persons with Disabilities Rules, 2018 was notified on 27.12.2018 by the Lieutenant Governor of National Capital Territory of Delhi, by exercising the powers conferred by sub-section (1) of Section 101 of the RPWD Act.
The Delhi Disability Rules, 2018 provide for the procedure of appointment of a Limited guardian who will take legally binding decisions on behalf of a person with a disability.
The Rules also provide for a Nodal officer, who shall be designated in the District Education Office of the Department of Education of each zone to deal with all the matters relating to the admissions for children with disabilities and facilities to be provided in schools.