Udavikkaram: February 2015

To 29.01.2015

The Honorable Members,

Parliamentary Standing Committee,

Ministry of Social Justice and Empowerment,

New Delhi.

Sub: Meeting with the Standing Committee Members on the Rights of Persons with Disability Bill 2014- Reg.

Most Respected Sir/Madam

Greetings from Tamilnadu Udavikkaram Association for the Welfare of Differently Abled. Ours is a State Level Association having branches in all most all the districts of Tamilnadu and also networking associates in various places in Tamilnadu.

We have been serving for the cause of disability during the last 30 years in the State and also been in various committees constituted by the Government of Tamilnadu.

We are very much grateful to the Standing Committee members for giving us an opportunity to present our views and suggestions on the The Rights of Persons with Disability Bill 2014 which will repeal the existing PWD Act, 1995.

We are much thankful to the Honorable Members of the Parliament Standing Committee for personally hearing and considering the aspirations and hopes of the Stakeholders in the form of suggestions for inclusion/deletion/modification of various clauses in the RPD Bill 2014.

We enclose a list of our suggestions on the Bill and we request your good selves to please consider our suggestions also before enactment of The Rights of Persons with Disability Act 2015 by the Government.

With Warm Regards,

Thanking You,

Yours Sincerely,

For Tamilnadu Udavikkaram Association for the Welfare of Differently Abled

State President State General Secretary

(CA.T.A.P. Varadakutti) (Er. Aavin K.Gopinath)

Ph 9841048947 Ph 9790820194

Rights of Persons with Disabilities Bill, 2014

Suggestions for Changes, Modifications, Additions or Deletions in the Rights of Persons with Disabilities Bill, 2014

Tamilnadu Udavikkaram Association for the Welfare of Differently Abled

Chapter I - Preliminary

1. Sec 2(C) – Barrier

Barriers to include “attitudinal barriers” also.

2.Section 2(h) – Establishment

Establishment to include private establishments also namely Public or Private companies, Partnership firms, Societies, Trusts, Institutions and Proprietorship concerns, employing more than 10 employees.

3. Section 2(t) - Reasonable Accommodation

The words “without imposing a disproportionate or undue burden in a particular case” to be deleted

4. Section 2(U) – Registered Organization

Instead of the words “duly registered under an Act of Parliament or a State Legislature” to be changed as “duly registered under the Laws of the respective State or Centre”

5. Section 2 (w) (i) – Instead of the words “persons suffering from disabilities” to be substituted as “persons with disabilities”

Chapter II –Rights and Entitlements

6. Section 10 – to include also

Accessible environment in places where voter’s ID cards are issued,

To facilitate postal voting

Chapter III - Education

7. Section 15 – Education

It covers only the educational institutions funded by the Government and Local authorities.

Hence it is suggested that it should also cover private educational institutions recognized by the Central or State Government authorities.

8. Section 15 (viii) – To provide transport facilities -- free of cost

9. Section 16 (g) – To provide books,………….etc., free of cost upto the completion of their higher education. The age limit of 18 years is to be removed.

10. Section 16(h) – The words “in appropriate cases” to be removed.

Chapter V- Social Security, health, rehabilitation and recreation

11. Section 23(1) –

The words “within the limit of its economic capacity and development” to be deleted.

12. Section 23 (3) (f) – The words “with such Income ceiling as may be notified” to be deleted.

13. Section 23 (3) (g) – The words “subject to such income ceiling as may be notified” to be deleted.

14. Section 23 (3) (h) – The words “For more than two years” to be changed as “For more than one year”

15. Section 24 (1) (a) – The words “Subject to such family income as may be notified” to be deleted

16. Section 26 (1) –

The words “within their economic capacity and development” to be deleted.

17. Section 26 (3) – It provides consultation with only NGO’s. It should also include Associations/ DPO’s and both the NGO’s and Associations/ DPO’s should be registered organizations.

Chapter VI –Special Provisions for Persons With Benchmark Disabilities

18. Section 31(1) – To include

It is suggested that to include under this clause “all Private educational institutions or all Private educational Universities recognized by Central or State Government authorities”

19. Section 32 (ii) – Periodical intervals not exceeding five years to be changed as not exceeding three years.

20. Section 33 (1) – 5% reservation should be made applicable in promotions also to all types of disabilities both in Central and State Government.

21. Section 33 (2) – Instead of the words “the employer shall fill up the vacancy by appointment of a person other than a person with disability” the following should be substituted “the employer shall carry forward such vacancy for appointing only a person with disability”

22. Section 33(3) – To modify as follows

To provide relaxation of upper age limits up to 10 years instead of 5 years

23. Section 34 -

To remove the words “within the limit of their economic capacity and development”

Chapter VIII – Duties and responsibilities of appropriate Governments

24. Section 39 – To include the word “enforce” as given below

The National commission shall formulate and enforce the regulations.

25. Section 40(1)(a) – To include

Bus terminus, travelling boats and ships, and ports, etc.

26. Section 40(1)(b) –

The words “Wherever technically feasible, economically viable” to be deleted

27. Section 44(1) –

The term “public building” is not defined under the Bill

Public buildings to include buildings which are open to the public for its usage such as Hotels, Restaurants, Marriage halls, Theatres, Convention centres, Theme parks, Hospitals, Banks, Libraries, Shops, Parks, Zoo, Stadiums, Exhibitions, Temples and place of worship, Etc.

The word “within a period not exceeding 5 years” should be changed as “3years”

28. Section 46 (3)

The word “every 5 years” should be changed as “every 3years”

Chapter IX Registration of Institutions for persons with disabilities and grants to such institutions

29. Section 54 – The words “may within the limits of their economic capacity and development” to be deleted

Chapter XI - Central and State Advisory Board on disability and district level committee

30. Section 59(2) – Central Advisory Board

A person with disability should be made as the second Vice-Chairperson of the Central Advisory Board.

31. Section 59(2)(r)(ii) –

The words “as far as practicable” to be removed.

To make all the members as person with disabilities.

Further, instead of 10 members, 1 person with disability representing each State and Union Territory should be made as members.

Further, the NGO as well as DPO should be registered under the appropriate Laws of Central or State Government.

Section 63. The Central Advisory Board shall meet at least once in every 3 months.

32. Section 65(2) – State Advisory Board

A person with disability should be made as the second Vice-Chairperson of the State Advisory Board.

33. Section 65(2)(e)(iii) -

The words “as far as practicable” to be removed.

To make all the members as person with disabilities.

Further, instead of 10 members, 1 person with disability representing each District should be made as members.

Further, the NGO as well as DPO should be registered under the appropriate Laws of Central or State Government.

34. Section 69. The State Advisory Board shall meet at least once in every 3 months.

Chapter XII – National commission for Persons with Disabilities

35. Section 73(2) –

The chairperson of the National Commission to be selected from a panel of persons with disability satisfying the requirements mentioned under this Section.

Only when eligible candidates are not available, non-disabled person shall be appointed as a chairperson.

An additional post of Vice chairperson should be created and filled up only with the person with disability

36. Section 76(1)(C) –

“Has become physically incapable of acting as a member” to be deleted.

Chapter XIII –State Commission for Persons with Disabilities

37. Section 86(2) -

The chairperson of the State Commission to be selected from a panel of persons with disability satisfying the requirements mentioned under this Section.

Only when eligible candidates are not available, non-disabled person shall be appointed as a chairperson.

An additional post of Vice chairperson should be created and filled up only with the person with disability

38. Section 89(1)(c) -

“has become physically incapable of acting as a member” to be deleted.

Chapter XIV – Special Court

39. Section 98 – In addition to special courts, separate mobile courts also to be included.

Chapter XVI – Offences and penalties

40. Section 103(1) – After the words

“Where an offence under this Act has been committed by a company” to be expanded as “Government, Public servants, Government companies”

41. In addition to the above the following subjects should also be included in the bill

(a) To provide for the creation of a separate recruitment board for persons with disabilities in both Central and State Level.

(b) To provide for the creation of a separate University for persons with disabilities

(c) To issue a National Permanent Disability Number(NPDN) like the PAN card issued by the IT Department

Udavikkaram

Saturday, February 14, 2015

Monday, February 9, 2015

Sunday, February 1, 2015

CLIMBE STAIRCASE IN WHEEL CHAIR

THE RIGHTS OF PERSONS WITH DISABILITIES BILL 2014-- a representation before the PARLIAMENT STANDING COMMITTEE