D14.

PROVISIONS OF THERCI ACT, PWD ACT AND

NATIONAL TRUST FOR WELFARE OF PERSONS

REHABILITATION COUNCIL OF INDIA (RCI)

Lack of appropriate trained manpower has been one of the major constraints in
on of rehabilitation seryices in the country. The currernt training programne
e e ntry in the field of
coun
disability were isolated and ad-hoc in nature, with no stanl
gllabi. There was no unitormity in the teaching curriculum run by various institutionsat
he Under-graduate, raduate and Post-graduate levels. It was, therefore, decided by the
Government of lndia in 1986 to set up Rehabilitation Council which would be responsible
for:
i. Training policies and
programmes;
ii. To standardise the training courses for professionals dealing with disabied

persons;
ii. To grant recognition to the institutions running these training courses; and
iv. To maintain a Central Rehabilitation Register of the Rehabilitation

Professionals.
The Government of India introduced a Bill in the Parliament to give statutory
Council
Council for carrying out its duties effectively. The Rehabilitation
powers to the when the Government
of India Act, 1992, into force with effect from 22nd June, 1993,
came
of this Act.
constituted the body for the implementing purposes
and Full
Opportunities, Protection of Rights
The Persons with Disabilities (Equal welfare for the disabled, to a
has changed the earlier concept of
Participation) Act, 1995, child with
promise of a c c e s s to education of every
demand of equal opportunities. The trained manpower, for
Council to
responsibility on
the provide
disability, casts a special
vo ational and social integration.
their education,
on its o w n . it has several recognised
RCI does not run any training programme education for human
the country which are imparting for
nstitutions throughout Seminars/Conferences/Workshops

aevelopment. RCI regularly organises i n t e r n a t i o n a l levels.

and
at national
PEradation of knowledge

More About the Council of different

development
Council
which takes care or manpOwerof persons with disabilities
It is the only renaDilitation

for comprehensive
egories of professionals 1.e.
needs,
meet their rehabilitation rehabilitation;

medical
and
Physical
Educational rehabilitation;

Vocational rehabilitation; and

Social rehabilitation.

357
Objectives of the Council in the field
ot rehabilitation
and programmes
regulate the training policies
o
of people with disabilities. for rehabilitation
courses
standardization of training
about
o
bring with people with disabilities.
proressionals/personnel dealing and training institutions
in
minimum standards of education the country.
prescribe
the field of rehabilitation uniformly throughout throughout
institutions uniformly
these standards in all training
o regulate
the country. in the field of
degrees/diplomas/certificates

basis.
recognise foreign on reciprocal
To Universities/Institutions
rehabilitation awarded by possessin8 the
Central Rehabilitation Register of persons
T o maintain a
recognised rehabilitation qualification. the field
education and training in
regular basis, on
To collect information Institutions in India'and
on
from
of people with disabilities
of rehabilitation

abroad. way of
collaboration
rehabilitation education by
T o encourage continuing rehabilitation of persons with
working in the field of
with organisations
disabilities.
National
the RCI has launched
the following
In addition to the
above objectives
Programmes.
National Bridge Course
Course" has by the Council. It
been launched
The National Programme of "Bridge workers to bridge
towards existing rehabilitation
is path-breaking programme, targeted
a their knowledge
between qualified and unqualified professionals by upgrading
the gap the RCI as
skill. This makes them eligible for certification and recognition by
and
as per rules. The programme
is currently being run in o v e r 139
rehabilitation personnel
across the country and already thousands of persons have been benefitted.
institutions

of Health Centre (PHC) Medical Officers

National Programme for Training Primary
Doctors in
The Council has planned to train 30,000 Primary Health Centre (PHC)
the area of prevention, early identification and rehabilitation. It is being done in two phases.
as
in the field of rehabilitation to act
In the first phase, Senior Resource Persons working
Master Trainers. In the second, the master trainers will train the medical officers.

Linkages with Various Professional Agencies

The RCI regularly maintains linkages with various National and International
agencies. This is important to share the new programme developments and latest
technologies emerging day by day. It also helps in collaboration, updating knowledge
concerning disability and exchange of literature.

358
 Some ot the lntra-country and Inter-country linkages are as touow*

Intra-country Linkages
National Institutes in different areas of disability
Universities
Universities Grants Commission (UGC) National

National Council of Educational Research & Training (NCER

of Teacher Education (NCTE) -
Indira Gandhi
National
p
ouncil
University (1GNOU)
Polytechnics
Engineering Colleges
Non-government Organisations

Inter-country Linkages Affairs.

of External
The Coucil is approaching
different countries through Ministry

Future Plans

to expand its activities through

Council plans
Fellowship & Research Schemes
Continuing Rehabilitation Education

Trainers
Award to Best Master
Rehabilitation Sciences
Examination for
National Board of

Website launched its website

Council of India proudly
Rehabilitation
and excellence for improving the quality
www.rehabcouncil.org]
in pursuit ofautomation a step forward in pursuit
of the goal of
website is
disabilities. The
with w o u l d e n a b l e the society
to have a c c e s s
of life of persons disabled people a s it
the quality of the
improving in the relevant
fields.
to the latest development [email protected]
Council is
address of the
The E-mail
is
The Postal address
23-A, Shivaji Marg
110015.
New Delhi
-

25913017
25913016 &
Phones:

Fax: 25911967
 OPPORTUNITIES,
(EQUAL
PERSONS wITH
DISABILITIES

ACT, 1995 (PWD ACT,

THE
2
PROTECTION OF RIGHTS AND
FULL
PARTICIPATION)

1995) Protection
of Kights and Full
Opportunities, a n important
Disabilities [Equal This law 1S
h e Persons with 7,1996.
on February
1995 has c o m e intoforce opportunities
for people
Participation] Act, e n s u r e equal
direction to
The Act provides for
l a n d m a r k and is a significant
step in the nation building.
in the employment
with disabilities
and their full participation medical educatiorn,
rehabilitation
like creation of
both prevention
of disability, and, development,
manpower
reservation, research and unemployment
and vocational training, with disability,
rehabilitation of persons
disabled employees and
barrier-tree environment, for the
insurance scheme
allowance for the disabled, special etc.
with severe disability,
e s t a b l i s h m e n t of homes for persons

Main Provisions of Act are:

detection of disabilities
- Prevention and early

Education

Employment
- Non-discrimination

- Research and Manpower Development

Affirmative action

- Social security

- Grievance redressal

Prevention and Early Detection of Disabilities

research shall be conducted to ascertain the cause

Surveys, investigations and
of occurrence of disabilities.

Various measures shall be taken to prevent disabilities. Staff at the Primary

Health Centres shall be trained to assist in this work.
All the children shall be screened once in a year for identifying "at-risk" cases.

Awareness campaigns shall be launched and sponsored to disseminate

information.

Measures shall be taken for pre-natal, perinatal, and post-natal care of the
mother and child.

360
E d u c a t i o n

Every child with disability shall have the

of 18 years in integrated schools or rights to free education till the age
special schools.
Appropriate transportation, removal of architectural barriers and restructuring
of the examination system shall be ensured for the benefit of children with
disabilities.

Children with disabilities shall have the right to free books, scholarships,
uniform and other learring material.
Special schools for children with disabilities shall be equipped with vocational
training facilities.
Non-formal education shall be promoted for children with disabilities
Teachers Training Institutions shall be established to develop requisite

manpower.
the redressal of grievances regarding
Parents may move to appropriate fora for
disabilities
the placement of their children with

Employment people with

be reserved for
enployment shall
3% of vacancies in government
from
1 % each for persons suffering
disabilities,
Blindness or Low Vision.

Hearing Impairment.
Locomotor Disabilities
& Cerebral Palsy.
for
shall be formulated
Suitable schemes disabilities.
with
and welfare of persons
The training
limit.
relaxation of upper age
The
Regulating the employment.
non-handicapping
creation of a
measures
and
disabilities are
Health and safety where persons
with
environment in places

employed. Educational
Institutes receiving
Institutes and other with
Educational
3% seats for people
Government
reserve at least
shall
from government
grant disabled during
disabilities. become
or
demoted, if they same pay
and
be sacked the
can another post with
No employee moved to
be
can impairment.
service, although
they denied
because of
can be
c o n d i t i o n . No
promotion

361
Affirmative Action
AIds and appliances shall be made available to people with disabilities.

rates to the people with

Allotment of land shall be made at concessionsl
disabilities for
House
Business
Special Recreational Centres

Special Schools

Research Schools
with Disability
Factories by Entrepreneurs
Non-Discrimination
and aircrafts will be designed
Public buildings, rail compartments, buses, ships
to give easy access to disabled people.
toilets shall be wheel chair accessible.
In all public places and in waiting rooms,
Braille and Sound symbols are also to be provided in lifts.
All the places of public utility shall be made barrier-free by providing ramps

Research and Manpower Development

Research in the following areas shall be sponsored and promoted:

Prevention of disability
Rehabilitation including CBR

Development of Assistive Devices

Job identification

On Site Modifications of Offices and Factories

Financial assistance shall be made available to the universities, other
institutions of higher learning, professional bodies and non-government
research units or institutions for undertaking research for special educatio,
rehabilitation and manpower development.

Social Security
Financial assistance to non-government organisations for rehabilitation or

persons with disabilities.

Insurance coverage for the benefit of the government employees w ith
disabilities.

362
 with the
Unemployment allowance to people with disabilities registered
who could not be
special employment exchange for more than year and
a

placed in any gainful occupation.

Grievance Redressal

in the Act, people with disabilities

In case of violation of rights as prescribed
move an application to
may
Disabilities at the Centre
Chief Commissioner for Persons with
various States
Commissioner for Persons with Disabilities in the

WELFARE OF PERSONS WITH

AUTISM,
FOR
THE NATIONAL TRUST
3.
CEREBRAL PALSY,
MENTALRETARDATIONAND MULTIPLE DISABILITIES ACT,
1999

Objectives of the Act

constitution of a national body
for the Welfare of Persons
This Act provides for the
Retardation and
Disabilities. Such a
Multiple nationa
with Autism, Cerebral Palsy, Mental
shall be as under:
be trust whose objects
body will a
and
with disability to live as independently
to enable and empower persons
(a) to which they belong;
within and as close to the community
as fully as possible
with disability to live
to persons
strengthen facilities to provide support
(b) to
within their own families;
to provide need based services
to extend support to registered organisation
(c) of persons with disability;
during the period of crisis in the family
with disability who do not have family
(d) to deal with problems of persons
support;
disability in
for the care and protection of persons with
measures
(e) to promote
their parent or guardian;
the event of death of
ot guardians and trustees for persons
( to evolveprocedure for the appointment
such protection;
with disability requiring
rights and
realization of equal opportunities,
protection of
(g) to facilitate the
and
full participation of persons with disability;
incidental to the aforesaid objects.
do any other act which is
(h) to
extends to
30th December, 1999 and
assent of the President
on
The Act received the
the whole of India.

363
Definitions
skill atfecting the
development primaiyand
(a) autism means a condition of uneven
marked by repetiave ritualistic
of a person,
ommuication and social abilities
behaviour a person of
conations
of non-progressive
m e a n s a group
C) ereDral palsy" rom Drain insult or
abnormal motor control posture resulting
Cnaracterised by or infant period
of development;
nyuries ocCurring in the prenatal, perinatal
or incomplere develOpment of
retardation" condition of arrested
() mental means a
of
intelligence;
mind of a person which is specially characterised by subnormality
combination of two or more defined
disabilities as

(h) "multiple disabilities" means a

Disabilities (Equal Opportunities,
in clause section 2 of the Persons with
i) of
Act, 1995. These are blindness, low
P'rotection of Rights and Full Participation)
mental retardation
locomotor disability,
VISIon, leprosy cured, hearing impairment,
and mental illness;
from any of the conditions
) "person with disability" means a person suffering
retardation or a combination of any two
relating to autism, cerebral palsy, mental
or more of such conditions and includes a person suftering from severe multiple

disability;
in field which
() "professional" means a*
person who is having special expertise a

would promote the welfare of persons with disability;

association of persons with disábility or an

(m) "registered organisation" means an

association of parents of persons with disability or a voluntary organisation, as the

case may be, registered under section 12 of this Act;

(o) "severe disability" means disability with eighty percent or more of one or more o
multiple disabilities;

(P) "Trust means the National Trust for Welfare of Persons with Autism, Cerebra
Palsy, Mental Retardation and Multiple Disability constituted under sub-section
(1) of section 3 of this Act.

Registration of Associations with the Board

Any Association ot persons with disability or any association of

persons or
voluntary organizations can
parents of disabic
apply to the Board for
registration. If applicat
is genuine and is accompanied with necessary
be registered. Upon
documents and fees, the associatio
registration, the association
book and documents maintained by the Board. The
can have
access to or obtain copy or a
Board will determine the
status of registered
organizations seeking financial assistance in pre-fun
regulations. The Board will also hoid
every year a
accordance
meeting of registered organizatio
364
Local Level Committees

The Board will have to constitute Local

Level Committees
mprising of District Magistrate or the District Commissionerfor different areas
comp

enresentative from a registered organization and a person with along with one
three years to act as a Local Level Committee. These Local Leveldisability for a period of
meet at least once in three months. Committees have to

Appointment of Guardians for Persons with Disability

A parent or relative of a
person with disability may apply to the Local Level
Committee for appointment
of a guardian/or a
person with the naturalAguardian
organisation can also make such an application with consent of disability. registeredof
the disabled person. 1The Local Level Committee will examine whether the
personofwith
disability needs a guardian and for what purpose and also lay down the duties the
guardian. The guardian will be responsible for the maintenance of the person with
disability. The guardian will also submit to the Local Level Committee inventory and
annual acounts of the property and assets, claims and liabilities in
respect of such person
with disability. A guardian so appointed can be removed for negligence or for
misappropriating the property of the person with disability.

365