National Documents

Ministry of Social Justice and Empowerment, Government of India Rules and Regulations PDF Print E-mail
Monday, 02 March 2015 17:35
  1. National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (Amendment) Rules – 2014. Hindi (New)
  2. Amended Rules for Persons with Disabilities
  3. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996
  4. The National Trust Rules, 2000
  5. The National Trust Regulations, 2001
  6. Rehabilitation Council of India Regulations, 1997
  7. Rehabilitation Council of India (Conditions of Service of the Member-Secretary, the officers and other employees) Regulations, 1998
  8. Rehabilitation Council of India (Standards of Professional Conduct, Etiquette and Code of Ethics for Rehabilitation Professionals) Regulations, 1998.

Source: Ministry of Social Justice and Empowerment, Govt. of India

The Workmen’s Compensation Act PDF Print E-mail
  • The Workmen’s Compensation Act 1923
  • The Workmen’s Compensation (Amendment) Act 2000
  • The Workmen’s Compensation (Amendment) Act 2009
Mental Health Act, 1987 PDF Print E-mail
Tuesday, 23 August 2011 12:06
The Central Mental health Authority Rules 1990
The States Mental health Rules 1990

THE GAZETTE OF INDIA
EXTRAORDINARY

PART II – Section1
Published By Authority
MINISTRY OF LAW AND JUSTICE
New delhi, Friday, May, 22, 1987

Legislative Department – New Delhi, the 22nd May, 1987

The following Act of Parliament received the assent of the President on the 22nd May, 1987, and is hereby published for general information:-

The Mental Health Act, 1987
No. 14 OF 1987
(22nd, May 1987)

An Act to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs and for maters connected therewith or incidental thereto.

Be it enacted by Parliament in the Thirty–eighth Year of the Republic of India as follows:-

{mospagebreak}
CHAPTER I

PRELIMINARY
1. (1) This Act may be called the Mental Health Act, 1987.

[ Short title, extent and commencement ]

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act, and any reference in any provision to the commencement of this Act in a State shall be constructed as a reference to the coming to force of that provision in that State.

2. In this Act, unless the context otherwise requires: –

a) “cost of maintenance”, in relation to a mentally ill person admitted in a psychiatric hospital or psychiatric nursing home, shall mean the cost of such items as the State Government may, by general or special order, specify in this behalf;

b)“District Court” means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and include any other civil court which the State Government may, by notification, specify as the court competent to deal with all or any of the maters specified in this Act:

c) “Inspecting Officer” means a person authorized by the State Government or by the licensing authority to inspect any psychiatric hospital or psychiatric nursing home;

d“license” means a license granted under section 8;

e)“licensee” means the holder of a license;

f) “licensed psychiatric hospital” or “licensed psychiatric nursing home” means a psychiatric hospital or psychiatric nursing home as the case may be licensed, or deemed to be licensed, under this Act;

g) “licensing authority” means such officer or authority as may be specified by the State Government to be the licensing authority for the purposes of this Act;

h) “Magistrate” means –

(1) in relation to a metropolitan are within the meaning of clause (k) of section 2 of the Code of Criminal Procedure, 1973, a Metropolitan
Magistrate: [2 of 1974)

(2)In relation to any other area, the Chief Judicial Magistrate. Sub- Divisional Judicial Magistrate or such other Judicial Magistrate or the first class as the State Government may, by notification empower to perform the functions of a Magistrate under this Act:

i)  “Medical Officer” means a gazetted medical officer in the service of Government and includes a medical practitioner declared, by a general or special order of the State Government, to be a medical officer for the purpose of this Act:

j)“medical officer in charge”, in relation to any psychiatric hospital or psychiatric nursing home, means the medical officer who for the time being, is in charge of that hospital or nursing home;

k) “medical practitioner” means a person who possesses a recognized medical qualification as defined –
(i)in clause (h) of section 2 of the Indian Medical Council Act 1956, and whose name has been entered in a State Medical Register, as defined in clause (k) of that section;

[102 of 1956]

(ii) in clause (h) of sub-section (l) of section 2 of the Indian Medicine Central Council Act, 1970, and whose name has been entered in a State Register of Indian Medicine, as defined in clause (j) of sub-section (l) of that section; and

[48 of 1970]

(iii) in clause (g) of sub-section (l) of section 2 of the Homeopathy Central Council Act, 1973, and whose name has been entered in a State Register of Homoeopathy, as defined in clause (i) of sub-section (l) of that section;

[59 of 1973]

(l) “mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation;:

(m) “mentally ill prisoner” means a mentally ill person for whose detention in, or removal to, a psychiatric hospital, psychiatric nursing home, jail or other place of safe custody, an order referred to in section 27 has been made;

(n) “minor” means a person who has not completed the age of eighteen years;

(o) “notification” means a notification published in the Official Gazette;

(p) “prescribed” means prescribed by rules made under this Act;

(q) “psychiatric hospital” or “psychiatric nursing home” means a hospital or, as the case may be, a nursing home established or maintained by the Government or any other person for the treatment and care of mentally ill persons and includes a convalescent home established or maintained by the Government or any other person for such mentally ill persons; but does not include any general hospital or general nursing home established or maintained by the Government and which provides also for psychiatric services.

(r) “psychiatrist” means a medical practitioner possessing a post-graduate degree or diploma in psychiatry, recognized by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who, having regard to his knowledge and experience in psychiatry, has been declared by the Government of that State to be a psychiatrist for the purposes of this Act:

[102 of 1956]

(s) “reception order” means an order made under the provisions of this Act for the admission and detention of a mentally ill person in a psychiatric hospital or psychiatric nursing home;

(t) “relative” includes any person related to the mentally ill person by blood, marriage or adoption;

(u) “State Government”, in relation to a Union territory, means the Administrator thereof.

CHAPTER II. MENTAL HEALTH AUTHORITIES

3. (1) The Central Government shall establish an Authority for mental health with such designation as it may deem fit.

(2) The Authority established under sub-section
(l) shall be subject to the superintendence, direction and control of the Central Government.

[Central Authority for Mental Health Services]

(3) The Authority established under sub-section (1) shall –

(a) be in charge of regulation, development, direction and co-ordination with respect of Mental Health

Services under the Central Government and all other matters which, under this Act, are the concern of the Central Government or any officer or authority ubordinate to the Central Government;

(b) supervise the psychiatric hospitals and psychiatric nursing homes and other Mental Health Service Agencies (including places in which mentally ill persons may be kept or detained) under the control of the Central Government;

(c) advise the Central Government on all matters relating to mental health; and

(d) discharge such other functions with respect to matters relating to mental health as the Central Government may require.

Explanation: – For the purposes of this section and section 4, “Mental Health Services” include, in addition to psychiatric hospitals and psychiatric nursing homes, observation wards, day-care centers, inpatient treatment in general hospitals, ambulatory treatment facilities and other facilities, convalescent homes and half-way-homes for mentally ill persons.

4. (1) The State Government shall establish an Authority for mental health with such designation as it may deem fit.

(2) The Authority established under sub-section
(1) shall be subject to the superintendence, direction and control of the State Government.

[State Authority for Mental Health Services]

(3) The Authority established under sub-section (l) shall –

(a) be in charge of regulation, development and co-ordination with respect to Mental Health Services under the State Government and all other matters which, under this Act, are the concern of the State Government or any officer or authority subordinate to the State Government;

(b) supervise the psychiatric hospitals and psychiatric nursing homes and other Mental Health Service Agencies (including places in which mentally ill persons may be kept or detained) under the control of the State Governments;

(c) advise the state Government on all matters relating to mental health; and

(d) discharge such other functions with respect to matters relating to mental health as the State Government may require.

CHAPTER III. PSYCHIATRIC HOSPITALS AND PSYCHIATRIC NURSING HOMES

5. (1) The Central Government may, in any part of India, or the State Government may, within the limits of its jurisdiction, establish or maintain psychiatric hospitals or psychiatric nursing homes for the admission, treatment and care of mentally ill persons at such places as it things fit; and separate psychiatric hospitals and psychiatric nursing homes may be established or maintained for :-

[Establishment or maintenance of psychiatric hospitals and psychiatric nursing homes]

(a) those who are under the age of sixteen years;

(b) those who are addicted to alcohol or other drugs which lead to behavioral changes in a person;

(c) those who have been convicted of any offence; and

(d) those belonging to such other class or category of persons as may be prescribed.

(2) Where a psychiatric hospital or psychiatric nursing home is established or maintained by the Central Government, any reference in this Act to the State Government shall, in relation to such hospital or nursing home, be constructed as a reference to the Central Government.

6. (1) On and after the commencement of this Act, no person shall establish or maintain a psychiatric hospital or psychiatric nursing home unless he holds a valid license granted to him under this Act:

[Establishment or maintenance of psychiatric hospitals or psychiatric nursing homes only with license.]

Provided that a psychiatric hospital or psychiatric nursing home (whether called asylum or by any other name) licensed by the Central Government or any State Government and maintained as such immediately before the commencement of this Act may continue to be maintained, and shall be deemed to be a licensed psychiatric hospital or licensed psychiatric nursing home, as the case may be, under this Act:-

(a) for a period of three months from such commencement, or

(b) if an application made in accordance with section 7 for a license is pending on the expiry of the period specified in clause (a), till the disposal of such application.

(2) Nothing contained in sub-section

(1) shall apply to a psychiatric hospital or psychiatric nursing home established or maintained by the Central Government or a State Government.

7. (1) Every person, who holds at the commencement of this Act, a valid license authorising that person to establish or maintain any psychiatric hospital or psychiatric nursing home, shall, if the said person intends to establish or continue the maintenance of such hospital or nursing home after the expiry of the period referred to in clause (a) of the proviso to sub-section (1) of section 6, make, at least one month before the expiry of such period, an application to the licensing authority for the grant of a fresh license for the establishment or maintenance of such hospital or nursing home, as the case may be.

[Application for license.]

(2) A person, who intends to establish or maintain, after the commencement of this Act, a psychiatric hospital or psychiatric nursing home shall, unless the said person already holds a valid license, make an application to the licensing authority for the grant of a license.

(3) Every application under sub-section (1) or sub-section (2) shall be in such form and be accompanied by such fee as may be prescribed.

8. On receipt of an application under section 7, the licensing authority shall make such inquiries as it may deem fit and where it is satisfied that –

[Grant or refusal of license.]

(a) the establishment or maintenance of the psychiatric hospital or psychiatric nursing home or the continuance of the maintenance of any such hospital or nursing home established before the commencement of this Act is necessary;

(b) the applicant is in a position to provide the minimum facilities prescribed for the admission, treatment and care of mentally ill persons; and

(c) the psychiatric hospital or psychiatric nursing home, will be under the charge of a medical officer who is a psychiatrist, it shall grant a license to the applicant in the prescribed form, and where it is not so satisfied, the licensing authority shall, by order, refuse to grant the license applied for:

Provided that, before making any order refusing to grant a license, the licensing authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a license shall set out therein the reasons for such refusal and such reasons shall be communicated to the applicant in such manner as may be prescribed

9. (1) A license shall not be transferable or heritable

[Duration and renewal of license]

(2) Where a licensee is unable to function as such for any reason or where a licensee dies, the licensee or, as the case may be, the legal representative of such licensee shall forthwith report the matter in the prescribed manner to the licensing authority and notwithstanding anything contained in sub-section (1), the psychiatric hospital or psychiatric nursing home concerned may continue to be maintained and shall be deemed to be licensed psychiatric hospital or licensed nursing home, as the case may be:-

(a) for a period of three months from the date of such report or in the case of the death of the licensee from the date of his death, or

(b) if an application made in accordance with sub-section (3) for a license is pending on the expiry of the period specified in clause (a), till the disposal of such application.

(3) The legal representative of the licensee referred to in sub-section (2), shall, if he intends to continue the maintenance of the psychiatric hospital or psychiatric nursing home after the expiry of the period referred to in sub-section (2), make, at least one month before the expiry of such period, an application to the licensing authority for the grant of a fresh license for the maintenance of such hospital or nursing home, as the case may be, and the provisions of section 8 shall apply in relation to such application as they apply in relation to an application made under section 7.

(4) Every licence shall, unless revoked earlier under section 11, be valid for a period of five years from the date on which it is granted.

(5) A licence may be renewed, from time to time, on an application made in that behalf to the licensing authority, in such form and accompanied by such fee, as may be prescribed, and every such application shall be made not less than one year before the date on which the period of validity of the license is due to expire:

Provided that the renewal of a licensee shall not be refused unless the licensing authority is satisfied that –

(i) the licensee is not in a position to provide in a psychiatric hospital or psychiatric nursing home, the minimum facilities prescribed for the admission, treatment and care therein of mentally ill persons; or

(ii) the licensee is not in a position to provide a medical officer who is a psychiatrist to take charge of the psychiatric hospital or psychiatric nursing home; or

(iii) the licensee has contravened any of the provisions of this Act or any rule made thereunder.

10. Every psychiatric hospital or psychiatric nursing home shall be maintained in such manner and subject to such condition as may be prescribed.

[Psychiatric hospital and psychiatric nursing home to be maintained in accordance with prescribed conditions]

11. (1) The licensing authority may, without prejudice to any other penalty that may be imposed on the licence, by order in writing, revoke the license if it is satisfied that

[Revocation of license]

(a) the psychiatric hospital or psychiatric nursing home is not being maintained by the licensee in accordance with the provisions of this Act or the rules made there under; or

(b) the maintenance of the psychiatric hospital or psychiatric nursing home is being carried on in a manner detrimental to the moral, mental or physical well-being of the inpatients thereof;

Provided that no such order shall be made except after giving the licensee a reasonable opportunity of being heard, and every such order shall be set out therein the grounds for the revocation of the license and such grounds shall be communicated to the licensee in such manner as may be prescribed.

(2) Every order made under sub-section(1) shall contain a direction that the inpatients of the psychiatric hospital or psychiatric nursing home shall be transferred to such other psychiatric hospital or psychiatric nursing home as may be specified in that order and it shall also contain such provisions (including provisions by way of directions) as to the care and custody of such inpatients pending such transfer.

(3) Every order made under sub-section (1) shall take effect:-

(a) where no appeal has been preferred against such order under section 12, immediately on the expiry of the period prescribed for such appeal; and

(b) where such appeal has been preferred and the same has been dismissed, from the date of the order of such dismissal.

12.(1) Any person, aggrieved by an order of the licensing authority refusing to grant or renew a license, or revoking a license, may, in such manner and within such period as may be prescribed, prefer an appeal to the State Government:

[appeal]

Provided that the State Government may entertain an appeal preferred after the expiry of the prescribed period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) Every appeal under sub-section (1) shall be made in such form and accompanied by such fee as may be prescribed.

13. (1) An Inspecting Officer may, at any time, enter and inspect any psychiatric hospital or psychiatric nursing home and require the production of any records, which are required to be kept in accordance with the rules made in this behalf, for inspection:

[Inspection of psychiatric hospitals and psychiatric nursing homes and visiting of patients]

Provided that any personal records of a patient so inspected shall be kept confidential except for the purposes of sub-section (3).

(2) The Inspecting Officer may interview in private any patient receiving treatment and care therein-

(a) for the purpose of inquiring into any complaint made by or on behalf of such patient as to the treatment and care, or

(b) in any case, where the Inspecting Officer has reason to believe that any inpatient is not receiving proper treatment and care.

(3) Where the Inspecting Officer is satisfied that any inpatient in a psychiatric hospital or psychiatric nursing home is not receiving proper treatment and care, he may report the matter to the licensing authority and thereupon the licensing authority may issue such direction as it may deem fit to the medical officer-in-charge or the licensee of the psychiatric hospital, or, as the case may be, the psychiatric nursing home and every such medical officer-in-charge or licensee shall be bound to comply with such directions.

14. Provision shall be made in every psychiatric hospital or psychiatric nursing home for such facilities as may be prescribed for the treatment of every mentally ill person, whose condition does or warrant his admission as an inpatient or who, for the time being, is not undergoing treatment as inpatient.

[Treatment of out patients]

CHAPTER IV. Admission And Detenstion In Psychaitric Hospital Or Psychiatric Nursing Home

PART I

Admission on voluntary basis

15. Any person (not being a minor), who considers himself to be a mentally ill person and desires to be admitted to any psychiatric hospital or psychiatric nursing home for treatment, may request the medical officer in charge for being admitted as a voluntary patient.

[Request by major for admission as voluntary patient]

16. Where the guardian of a minor considers such minor to be a mentally ill person and desires to admit such minor in any psychiatric hospital or psychiatric nursing home for treatment, he may request the medical officer-in-charge for admitting such minor as a voluntary patient.

[Request by guardian for admission of a ward]

17. (1) On receipt of a request under section 15 or section 16, the medical officer-in-charge shall make such inquiry as he may deem fit within a period not exceeding twenty-fours and if satisfied that the applicant or, as the case may be, the minor requires treatment as an inpatient in the psychiatric hospital or psychiatric nursing home, he may admit therein such applicant or, as the case may be, minor as a voluntary patient.

[Admission of, and regulation with respect to, voluntary patients]

(2) Every voluntary patient admitted to a psychiatric hospital or psychiatric nursing home shall be bound to abide by such regulations as may be made by the medical officer-in-charge or the licensee of the psychiatric hospital or psychiatric nursing home.

18. (1) The medical officer-in-charge of a psychiatric hospital or psychiatric nursing home shall, on a request made in that behalf –

[Discharge of voluntary patients]

(a) by any voluntary patient; and

(b) by the guardian of the patient, if he is a minor voluntary patient,

discharge, subject to the provisions of sub-section (3) and within twenty-four hours of the receipt of such request, the patient from the psychiatric hospital or psychiatric nursing home.

(2) Where a minor voluntary patient who is admitted as an inpatient in any psychiatric hospital or psychiatric nursing home attains majority, the medical officer-in-charge of such hospital or nursing home shall, as soon as may be, intimate the patient that he has attained majority and that unless a request for his continuance as an inpatient is made by him within a period of one month of such intimation, he shall be discharged, and if, before the expiry of the said period, no request is made to the medical officer-in-charge for his continuance as an inpatient, he shall, subject to the provisions of sub-section (3), be discharged on the expiry of the said period.

(3) Notwithstanding anything contained in sub-section (1) or subsection(2), where the medical officer in charge of a psychiatric hospital or psychiatric nursing home is satisfied that the discharge of a voluntary patient under sub-section (1) or sub-section (2) will not be in the interest of such voluntary patient, he shall, within seventy-two hours of the receipt of a request under sub-section (1), or, if no request under sub-section (2) has been made by the voluntary patient before the expiry of the period mentioned in that sub-section, within seventy-two hours of such expiry constitute a Board consisting of two medical officers and seek its opinion as to whether such voluntary patient needs further treatment and if the board is of the opinion that such voluntary patient needs further treatment in the psychiatric hospital or psychiatric nursing home, the medical officer shall not discharge the voluntary patient, but continue his treatment for a period not exceeding ninety days at a time.

PART II

Admission under Special Circumstances

19. (1) Any mentally ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill person if the medical officer-in-charge is satisfied that in the interests of the mentally ill person it is necessary so to do:

[Admission of mentally ill persons under certain special circumstances] Provided that no person so admitted as an inpatient shall be kept in the psychiatric hospital or psychiatric nursing home as an inpatient for a period exceeding ninety days except in accordance with the other provisions of this Act.

(2) Every application under sub-section (1), shall be in the prescribed form and be accompanied by two medical certificates, from two medical practitioners of whom one shall be a medical practitioner in the service of Government, to the effect that the condition of such mentally ill person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home.

Provided that the medical officer, in charge of the psychiatric hospital or psychiatric nursing home concerned may, if satisfied that it is proper so to do, cause a mentally ill person to be examined by two medical practitioners working in the hospital or in the nursing home instead of requiring such certificates.

(3) Any mentally ill person admitted under sub-section (1) or his relative or friend may apply to the Magistrate for his discharge and the Magistrate may, after giving notice to the person at whose instance he was admitted to the psychiatric hospital or psychiatric nursing home and after making such inquiry as he may deem fit either allow or dismiss the application.

(4) The provisions of the foregoing sub-section shall be without prejudice to the powers exercisable by a Magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this Act, to pass a reception under, if he is satisfied that it is necessary so to do in accordance with the relevant provisions of this Act.

PART III

Reception Orders

A: – Reception Orders on applications 20.

(1) An Application for a reception order may be made by –

[Application for reception order]

(a) the medical officer in charge of a psychiatric hospital or psychiatric nursing home, or

(b) by the husband, wife or any other relative of the mentally ill person.

(2) Where a medical officer in charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill person is undergoing treatment under a temporary treatment order is satisfied that –

(a) the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or, as the case may be, psychiatric nursing home is required to be continued for more than six months, or

(b) it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home,

he may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.

(3) Subject to the provisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill person under a reception order in a psychiatric hospital or psychiatric nursing home.

(4) Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made.

(5) No person –

(i) who is a minor, or

(ii) who, within fourteen days before the date of the application, has not seen the alleged mentally ill person,

shall make an application under this section.

(6) Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.

21. Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement.

[Form and contents of medical certificates] (a) that each of the medical practitioners referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him; and

(b) that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.

22. (1) On receipt of an application under sub-section (2) of section 20, the Magistrate may make a reception order, if he is satisfied that –

[Procedure upon application for reception order] (i) the mentally ill person is suffering from mental disorder of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment; or

(ii) it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that he should be so detained, and a temporary treatment order would not be adequate in the circumstances of the case end it is necessary to make a reception order.

(2) On receipt of an application under sub-section (3) of section 20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates.

(3) If the Magistrate considers that there are sufficient grounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so.

(4) If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill person as he thinks fit.

(5) The notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the Magistrate, such notice shall be given.

(6) If the magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such order as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal of the application.

(7) On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of –

(i) the applicant;

(ii) the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);

(iii) the person who may be appointed by the alleged mentally ill person to represent him; and

(iv) such other person as the Magistrate thinks fit,

and if the Magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the cost of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.

(8) If any application is dismissed under sub-section (7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.

B- Reception orders on production of mentally ill persons before Magistrate

23.(1) Every Officer in charge of a police station,-

(a) may take or cause to be taken into protection any person found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself, and.

[Powers and duties of police officers in respect of certain mentally ill persons] (b) shall take or cause to be taken into protection any person within the limits of his station whom he has reason to believe to be dangerous by reason of mental illness.

(2) No person taken into protection under sub-section(1) shall be detained by the police without being informed , as soon as may be, of the grounds for taking him into such protection, or where in the opinion of the officer taking the person into protection, such person is not capable of understanding those grounds, without his relatives or friends, if any, being informed of such grounds.

(3) Every person who is taken into protection and detained under this section shall be produced before the nearest Magistrate within a period of twenty four hours of taking him into such protection excluding the time necessary for the journey from the place where he was taken into such protection to the Court of the Magistrate and shall not be detained beyond the said period without the authority of the Magistrate.

24.(1) If a person is produced before a Magistrate under sub-section(3) of section 23, and if, in his opinion, there are sufficient grounds for proceeding further, the Magistrate shall-

[Procedure on production of mentally ill person]

(a) examine the person to assess his capacity to understand,

(b) cause him to be examined by a medical officer, and

(c) make such inquiries in relation to such person as he may deem necessary.

(2) After the completion of the proceedings under sub-section (1), the Magistrate may pass a reception order authorizing the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home, –

(a) if the medical officer certifies such person to be a mentally ill person, and

(b) if the Magistrate is satisfied that the said person is a mentally ill person and that in the interests of the health and personal safety of that person or for protection of others, it is necessary to pass such order.

Provided that if any relative or friend of the mentally ill person desires that the mentally ill person be sent to any particular licensed psychiatric hospital or licensed psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the Magistrate shall, if the medical officer in charge of such hospital or nursing home consents, make a reception order for the admission of the mentally ill person into that hospital or nursing home and detention therein:

Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from being any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to, the care of such relative or friend.

25. (1) Every officer in charge of a police station, who has reason to believe that any person within the limits of his station is mentally ill and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.

[Order in case of mentally ill person cruelly treated or not under proper care and control]

(2) (2) Any private person who has reason to believe that any person is mentally ill and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.

(3) If it appears to the Magistrate, on the report of a police officer or on the report or information derived from any other person, or otherwise that any mentally ill person within the local limits of his jurisdiction is not under proper care and control, or is ill-treated or neglected by any relative or other person having the charge of such mentally ill person, the Magistrate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person.

(4) If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to take proper care of such mentally ill person and where such relative or other person willfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees.

(5) If there is no person legally bound to maintain the mentally ill person, or if the person legally bound to maintain the mentally ill person refuses or neglects to maintain such person, or if, for any other reason, the Magistrate thinks fit so to do, he may cause the mentally ill person to be produced before him and, without prejudice to any action that may be taken under sub-section (4) , proceed in the manner provided in section 24 as if such reason had been produced before him under sub section (3) of section 23.

C: – Further provisions regarding admission and detention of certain mentally ill persons

26. If any District Court holding an inquisition under Chapter VI regarding any person who is found to be mentally ill is of opinion that it is necessary so to do in the interests of such person, it may, by order, direct that such person shall be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home and every such order may be varied from time to time or revoked by the District Court.

[Admission as inpatient after inquisition]

27. An order under section 30 of the Prisoners Act, 1900, or under section 144 of the Air Force Act, 1950, or under section 145 of the Army Act, 1950, or under section 143 or section 144 of the Navy Act, 1957, or under section 330 or section 335 of the Code of Criminal Procedure, 1973, directing the reception of a mentally ill prisoner into any psychiatric hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital or psychiatric nursing home to which such person may be lawfully transferred for detention therein

[Admission and detention of mentally ill prisoner]

3 of 1990, 45 of 1950, 46 of 1950, 62 of 1957, 2 of 1974 28. (1) When any person alleged to be a mentally ill person appears or is brought before a Magistrate under section 23 or section 25, the Magistrate may, by order in writing, authorize the detention of the alleged mentally ill person under proper medical custody in an observation ward of a general hospital or general nursing home or psychiatric hospital or psychiatric nursing home or in any other suitable place for such period not exceeding ten days as the Magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill person may properly be given under clause (a) of sub-section (2) of section 24.

[Detention of alleged mentally ill person. Pending report by medical officer]

(2) The Magistrate may, from time to time, for the purpose mentioned in sub-section (1), by order in writing, authorize such further detention of the alleged mentally ill person for periods not exceeding ten days at a time as he may deem necessary.

Provided that no person shall be authorized to be detained under this sub-section for a continuous period exceeding thirty days in the agreeable.

29. Whenever any reception order is made by a Magistrate under section 22, section 24 or section 25, he may, for reasons to be recorded in writing, direct that the mentally ill person in respect of whom the order is made may be detained for such period not exceeding thirty days in such place as he may deem appropriate, pending the removal of such person to a psychiatric hospital or psychiatric nursing home.

[Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home] D – Miscellaneous provision in relation to orders under this Chapter

30. Where any order under this Chapter is required to be made on the basis of a medical certificate, such order shall not be made unless the person who has signed the medical certificate, or where such order is required to be made on the basis of two medical certificates, the signatory of the respective certificates, has certified that he has personally examined the alleged mentally, ill person,

[Time and manner of medical examination of mentally ill person]

(i) in the case of an order made on an application, not earlier than ten near days immediately before the date on which such application is made; and

(ii) in any other case, not earlier than ten clear days immediately before the date of such order:

Provided that where a reception order is required to be made on the basis of two medical certificates such order shall not be made unless the certificates show that the signatory of each certificate examined the alleged mentally ill person independently of the signatory of the other certificate.

31. A reception order made under this Chapter shall be sufficient authority:-

[Authority for reception order] (i) for the applicant or any person authorized by him, or

(ii) in the case of a reception order made otherwise than on an application, for the person authorized so to do by the authority making the order, to take the mentally ill person to the place mentioned in such order or for his admission and treatment as an inpatient in the psychiatric hospital or psychiatric nursing home specified in the order or, as the case may be, for his admission and detention therein, or in any psychiatric hospital or psychiatric nursing home to which he may be removed in accordance with the provisions of this Act, and the medical officer-in-charge shall be bound to comply with such order:

Provided that in any case where the medical officer-in-charge finds accommodation in the psychiatric hospital or psychiatric nursing home inadequate, he shall, after according admission, intimate that fact to the Magistrate or the District Court which passed the order and there upon the Magistrate or the District Court, as the case may be, shall pass such order as he or it may deem fit:

Provided further that every reception order shall cease to have effect –

(a) on the expiry of thirty days from the date on which it was made, unless within that period, the mentally ill person has been admitted to the place mentioned therein, and

(b) on the discharge, in accordance with the provisions of this Act, of the mentally ill person.

32. Every Magistrate or District Court making a reception order shall forthwith send a certified copy thereof together with copies of the requisite medical certificates and the statement of particulars to the medical officer in charge of the psychiatric hospital or psychiatric nursing home to which the mentally ill person is to be admitted.

[Copy of reception order to be sent to medical officer in charge]

33. No Magistrate or District Court shall pass a reception order for the admission as an inpatient to, or for the detention of any mentally ill person, in any psychiatric hospital or psychiatric nursing home outside the State in which the Magistrate or the District Court exercises jurisdiction:

Provided that an order for admission or detention in to or in a psychiatric hospital or psychiatric nursing home situated in any other state may be passed if the State Government has by general or special order and after obtaining the consent of the government of such other State, authorized the Magistrate or the District Court in that behalf.

[Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission]

34. If, after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home under a reception order, it appears that the order under which he was admitted or detained or any of the documents on the basis of which such order was made is defective or incorrect, the same may, at any time thereafter he amended with the permission of the Magistrate or the District Court, by person or persons who signed the same and upon such amendment being made, the order shall have effect and shall be deemed always to have had effect as if it had been originally made as so amended, or, as the case be, the documents upon which it was made had been originally furnished as so amended.

[Amendment of order or document]

35. (1) Subject to the provisions of this section the Magistrate may, by order in writing (hereinafter referred to the order of substitution), transfer the duties and responsibilities under this Act, of the person on whose application a reception order was made, to any other person who is willing to undertake the same and such other person shall thereupon be deemed for the purposes of this Act to be the person on whose application the reception order was made and all references in this Act to the latter person shall be construed accordingly:

[Power to appoint substitute for person upon whose application reception order has been made]

Provided that no such order of substitution shall absolve the person upon whose application the reception order was made or, if he is dead, his legal representative, from any liability incurred before the date of the order substitution.

2) Before making any order of substitution, the Magistrate shall send a notice to the person on whose application the reception order was made , if he is alive, and to any relative of the mentally ill person who, in the opinion of the Magistrate, shall have notice.

3) The notice under sub-section (2) shall specify the name of the person in whose favour it is proposed to make the order of substitution and the date (which shall be not less than twenty days from the date of issue of the notice) on which objections, if any, to the making of such order shall be considered.

4) On the date specified under sub-section (3), or any subsequent date to which the proceedings may be adjourned, the Magistrate shall consider any objection made by any person to whom notice was sent, or by any other relative of the mentally ill person, and shall receive all such evidence as may be produced by or on behalf of any such person or relative and after making such inquiry as the Magistrate may deem fit, make or refrain from making the order of substitution:

Provided that, if the person whose application, the reception order was made is dead and any other person is willing and is, in the opinion of the Magistrate, fit to undertake the duties and responsibilities under this Act of the former person, the Magistrate shall, subject to the provisions contained in the proviso to sub-section(1), make an order to that effect.

5) In making any substitution order under this section, the Magistrate shall give preference to the person who is the nearest relative of the mentally ill person, unless, for reasons to be recorded in writing the Magistrate considers that giving such preference will not be in the interests of the mentally person.

6) The Magistrate may make such order for the payment of the costs of an inquiry under this section by any person or from out of the estate of the mentally ill person as he thinks fit.

7) Any notice under sub-section (2) may be sent by post to the last known address of the person for whom it is intended.

36. In any area where a Commissioner of Police has been appointed, all the powers and functions of the Magistrate under sections 23,24, 25 and 28 may be exercised or discharged by the Commissioner of Police and all the functions of an officer in charge of a police station under this Act may be discharged by any police officer not below the rank of an Inspector.

[Officers competent to exercise powers and discharge functions of Magistrate under certain sections.]

CHAPTER IV

Admission And Detenstion In Psychaitric Hospital Or Psychiatric Nursing Home

PART I

Admission on voluntary basis

15. Any person (not being a minor), who considers himself to be a mentally ill person and desires to be admitted to any psychiatric hospital or psychiatric nursing home for treatment, may request the medical officer in charge for being admitted as a voluntary patient.

[Request by major for admission as voluntary patient]

16. Where the guardian of a minor considers such minor to be a mentally ill person and desires to admit such minor in any psychiatric hospital or psychiatric nursing home for treatment, he may request the medical officer-in-charge for admitting such minor as a voluntary patient.

[Request by guardian for admission of a ward]

17. (1) On receipt of a request under section 15 or section 16, the medical officer-in-charge shall make such inquiry as he may deem fit within a period not exceeding twenty-fours and if satisfied that the applicant or, as the case may be, the minor requires treatment as an inpatient in the psychiatric hospital or psychiatric nursing home, he may admit therein such applicant or, as the case may be, minor as a voluntary patient.

[Admission of, and regulation with respect to, voluntary patients]

(2) Every voluntary patient admitted to a psychiatric hospital or psychiatric nursing home shall be bound to abide by such regulations as may be made by the medical officer-in-charge or the licensee of the psychiatric hospital or psychiatric nursing home.

18. (1) The medical officer-in-charge of a psychiatric hospital or psychiatric nursing home shall, on a request made in that behalf –

[Discharge of voluntary patients]

(a) by any voluntary patient; and

(b) by the guardian of the patient, if he is a minor voluntary patient,

discharge, subject to the provisions of sub-section (3) and within twenty-four hours of the receipt of such request, the patient from the psychiatric hospital or psychiatric nursing home.

(2) Where a minor voluntary patient who is admitted as an inpatient in any psychiatric hospital or psychiatric nursing home attains majority, the medical officer-in-charge of such hospital or nursing home shall, as soon as may be, intimate the patient that he has attained majority and that unless a request for his continuance as an inpatient is made by him within a period of one month of such intimation, he shall be discharged, and if, before the expiry of the said period, no request is made to the medical officer-in-charge for his continuance as an inpatient, he shall, subject to the provisions of sub-section (3), be discharged on the expiry of the said period.

(3) Notwithstanding anything contained in sub-section (1) or subsection(2), where the medical officer in charge of a psychiatric hospital or psychiatric nursing home is satisfied that the discharge of a voluntary patient under sub-section (1) or sub-section (2) will not be in the interest of such voluntary patient, he shall, within seventy-two hours of the receipt of a request under sub-section (1), or, if no request under sub-section (2) has been made by the voluntary patient before the expiry of the period mentioned in that sub-section, within seventy-two hours of such expiry constitute a Board consisting of two medical officers and seek its opinion as to whether such voluntary patient needs further treatment and if the board is of the opinion that such voluntary patient needs further treatment in the psychiatric hospital or psychiatric nursing home, the medical officer shall not discharge the voluntary patient, but continue his treatment for a period not exceeding ninety days at a time.


PART II

Admission under Special Circumstances

19. (1) Any mentally ill person who does not, or is unable to, express his willingness for admission as a voluntary patient, may be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home on an application made in that behalf by a relative or a friend of the mentally ill person if the medical officer-in-charge is satisfied that in the interests of the mentally ill person it is necessary so to do:

[Admission of mentally ill persons under certain special circumstances] Provided that no person so admitted as an inpatient shall be kept in the psychiatric hospital or psychiatric nursing home as an inpatient for a period exceeding ninety days except in accordance with the other provisions of this Act.

(2) Every application under sub-section (1), shall be in the prescribed form and be accompanied by two medical certificates, from two medical practitioners of whom one shall be a medical practitioner in the service of Government, to the effect that the condition of such mentally ill person is such that he should be kept under observation and treatment as an inpatient in a psychiatric hospital or psychiatric nursing home.

Provided that the medical officer, in charge of the psychiatric hospital or psychiatric nursing home concerned may, if satisfied that it is proper so to do, cause a mentally ill person to be examined by two medical practitioners working in the hospital or in the nursing home instead of requiring such certificates.

(3) Any mentally ill person admitted under sub-section (1) or his relative or friend may apply to the Magistrate for his discharge and the Magistrate may, after giving notice to the person at whose instance he was admitted to the psychiatric hospital or psychiatric nursing home and after making such inquiry as he may deem fit either allow or dismiss the application.

(4) The provisions of the foregoing sub-section shall be without prejudice to the powers exercisable by a Magistrate before whom the case of a mentally ill person is brought, whether under this section or under any other provision of this Act, to pass a reception under, if he is satisfied that it is necessary so to do in accordance with the relevant provisions of this Act.


PART III

Reception Orders

A: – Reception Orders on applications 20.

(1) An Application for a reception order may be made by –

[Application for reception order]

(a) the medical officer in charge of a psychiatric hospital or psychiatric nursing home, or

(b) by the husband, wife or any other relative of the mentally ill person.

(2) Where a medical officer in charge of a psychiatric hospital or psychiatric nursing home in which a mentally ill person is undergoing treatment under a temporary treatment order is satisfied that –

(a) the mentally ill person is suffering from mental disorder of such a nature and degree that his treatment in the psychiatric hospital or, as the case may be, psychiatric nursing home is required to be continued for more than six months, or

(b) it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that such person shall be detained in a psychiatric hospital or psychiatric nursing home,

he may make an application to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or, as the case may be, psychiatric nursing home is situated, for the detention of such mentally ill person under a reception order in such psychiatric hospital or psychiatric nursing home, as the case may be.

(3) Subject to the provisions of sub-section (5), the husband or wife of a person who is alleged to be mentally ill or, where there is no husband or wife, or where the husband or wife is prevented by reason of any illness or absence from India or otherwise from making the application, any other relative of such person may make an application to the Magistrate within the local limits of whose jurisdiction the said person ordinarily resides, for the detention of the alleged mentally ill person under a reception order in a psychiatric hospital or psychiatric nursing home.

(4) Where the husband or wife of the alleged mentally ill person is not the applicant, the application shall contain the reasons for the application not being made by the husband or wife and shall indicate the relationship of the applicant with the alleged mentally ill person and the circumstances under which the application is being made.

(5) No person –

(i) who is a minor, or

(ii) who, within fourteen days before the date of the application, has not seen the alleged mentally ill person,

shall make an application under this section.

(6) Every application under sub-section (3) shall be made in the prescribed form and shall be signed and verified in the prescribed manner and shall state whether any previous application had been made for inquiry into the mental condition of the alleged mentally ill person and shall be accompanied by two medical certificates from two medical practitioners of whom one shall be a medical practitioner in the service of Government.

21. Every medical certificate referred to in sub-section (6) of section 20 shall contain a statement.

[Form and contents of medical certificates] (a) that each of the medical practitioners referred to in that sub-section has independently examined the alleged mentally ill person and has formed his opinion on the basis of his own observations and from the particulars communicated to him; and

(b) that in the opinion of each such medical practitioner the alleged mentally ill person is suffering from mental disorder of such a nature and degree as to warrant the detention of such person in a psychiatric hospital or psychiatric nursing home and that such detention is necessary in the interests of the health and personal safety of that person or for the protection of others.

22. (1) On receipt of an application under sub-section (2) of section 20, the Magistrate may make a reception order, if he is satisfied that –

[Procedure upon application for reception order] (i) the mentally ill person is suffering from mental disorder of such a nature and degree that it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment; or

(ii) it is necessary in the interests of the health and personal safety of the mentally ill person or for the protection of others that he should be so detained, and a temporary treatment order would not be adequate in the circumstances of the case end it is necessary to make a reception order.

(2) On receipt of an application under sub-section (3) of section 20, the Magistrate shall consider the statements made in the application and the evidence of mental illness as disclosed by the medical certificates.

(3) If the Magistrate considers that there are sufficient grounds for proceeding further, he shall personally examine the alleged mentally ill person unless, for reasons to be recorded in writing, he thinks that it is not necessary or expedient to do so.

(4) If the Magistrate is satisfied that a reception order may properly be made forthwith, he may make such order, and if the Magistrate is not so satisfied, he shall fix a date for further consideration of the application and may make such inquiries concerning the alleged mentally ill person as he thinks fit.

(5) The notice of the date fixed under sub-section (4) shall be given to the applicant and to any other person to whom, in the opinion of the Magistrate, such notice shall be given.

(6) If the magistrate fixes a date under sub-section (4) for further consideration of the application, he may make such order as he thinks fit, for the proper care and custody of the alleged mentally ill person pending disposal of the application.

(7) On the date fixed under sub-section (4), or on such further date as may be fixed by the Magistrate, he shall proceed to consider the application in camera, in the presence of –

(i) the applicant;

(ii) the alleged mentally ill person (unless the Magistrate in his discretion otherwise directs);

(iii) the person who may be appointed by the alleged mentally ill person to represent him; and

(iv) such other person as the Magistrate thinks fit,

and if the Magistrate is satisfied that the alleged mentally ill person, in relation to whom the application is made, is so mentally ill that in the interests of the health and personal safety of that person or for the protection of others it is necessary to detain him in a psychiatric hospital or psychiatric nursing home for treatment, he may pass a reception order for that purpose and if he is not so satisfied, he shall dismiss the application and any such order may provide for the payment of the cost of the inquiry by the applicant personally or from out of the estate of the mentally ill person, as the Magistrate may deem appropriate.

(8) If any application is dismissed under sub-section (7), the Magistrate shall record the reasons for such dismissal and a copy of the order shall be furnished to the applicant.

B- Reception orders on production of mentally ill persons before Magistrate

23.(1) Every Officer in charge of a police station,-

(a) may take or cause to be taken into protection any person found wandering at large within the limits of his station whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself, and.

[Powers and duties of police officers in respect of certain mentally ill persons]

(b) shall take or cause to be taken into protection any person within the limits of his station whom he has reason to believe to be dangerous by reason of mental illness.

(2) No person taken into protection under sub-section(1) shall be detained by the police without being informed , as soon as may be, of the grounds for taking him into such protection, or where in the opinion of the officer taking the person into protection, such person is not capable of understanding those grounds, without his relatives or friends, if any, being informed of such grounds.

(3) Every person who is taken into protection and detained under this section shall be produced before the nearest Magistrate within a period of twenty four hours of taking him into such protection excluding the time necessary for the journey from the place where he was taken into such protection to the Court of the Magistrate and shall not be detained beyond the said period without the authority of the Magistrate.

24.(1) If a person is produced before a Magistrate under sub-section(3) of section 23, and if, in his opinion, there are sufficient grounds for proceeding further, the Magistrate shall-

[Procedure on production of mentally ill person]

(a) examine the person to assess his capacity to understand,

(b) cause him to be examined by a medical officer, and

(c) make such inquiries in relation to such person as he may deem necessary.

(2) After the completion of the proceedings under sub-section (1), the Magistrate may pass a reception order authorizing the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home, –

(a) if the medical officer certifies such person to be a mentally ill person, and

(b) if the Magistrate is satisfied that the said person is a mentally ill person and that in the interests of the health and personal safety of that person or for protection of others, it is necessary to pass such order.

Provided that if any relative or friend of the mentally ill person desires that the mentally ill person be sent to any particular licensed psychiatric hospital or licensed psychiatric nursing home for treatment therein and undertakes in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the mentally ill person in such hospital or nursing home, the Magistrate shall, if the medical officer in charge of such hospital or nursing home consents, make a reception order for the admission of the mentally ill person into that hospital or nursing home and detention therein:

Provided further that if any relative or friend of the mentally ill person enters into a bond, with or without sureties for such amount as the Magistrate may determine, undertaking that such mentally ill person will be properly taken care of and shall be prevented from being any injury to himself or to others, the Magistrate may, instead of making a reception order, hand him over to, the care of such relative or friend.

25. (1) Every officer in charge of a police station, who has reason to believe that any person within the limits of his station is mentally ill and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, shall forthwith report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.

[Order in case of mentally ill person cruelly treated or not under proper care and control]

(2) (2) Any private person who has reason to believe that any person is mentally ill and is not under proper care and control, or is ill-treated or neglected by any relative or other person having charge of such mentally ill person, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides.

(3) If it appears to the Magistrate, on the report of a police officer or on the report or information derived from any other person, or otherwise that any mentally ill person within the local limits of his jurisdiction is not under proper care and control, or is ill-treated or neglected by any relative or other person having the charge of such mentally ill person, the Magistrate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person.

(4) If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to take proper care of such mentally ill person and where such relative or other person willfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees.

(5) If there is no person legally bound to maintain the mentally ill person, or if the person legally bound to maintain the mentally ill person refuses or neglects to maintain such person, or if, for any other reason, the Magistrate thinks fit so to do, he may cause the mentally ill person to be produced before him and, without prejudice to any action that may be taken under sub-section (4) , proceed in the manner provided in section 24 as if such reason had been produced before him under sub section (3) of section 23.

C: – Further provisions regarding admission and detention of certain mentally ill persons

26. If any District Court holding an inquisition under Chapter VI regarding any person who is found to be mentally ill is of opinion that it is necessary so to do in the interests of such person, it may, by order, direct that such person shall be admitted and kept as an inpatient in a psychiatric hospital or psychiatric nursing home and every such order may be varied from time to time or revoked by the District Court.

[Admission as inpatient after inquisition]

27. An order under section 30 of the Prisoners Act, 1900, or under section 144 of the Air Force Act, 1950, or under section 145 of the Army Act, 1950, or under section 143 or section 144 of the Navy Act, 1957, or under section 330 or section 335 of the Code of Criminal Procedure, 1973, directing the reception of a mentally ill prisoner into any psychiatric hospital or psychiatric nursing home, shall be sufficient authority for the admission of such person in such hospital or psychiatric nursing home to which such person may be lawfully transferred for detention therein

[Admission and detention of mentally ill prisoner]

3 of 1990, 45 of 1950, 46 of 1950, 62 of 1957, 2 of 1974 28. (1) When any person alleged to be a mentally ill person appears or is brought before a Magistrate under section 23 or section 25, the Magistrate may, by order in writing, authorize the detention of the alleged mentally ill person under proper medical custody in an observation ward of a general hospital or general nursing home or psychiatric hospital or psychiatric nursing home or in any other suitable place for such period not exceeding ten days as the Magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill person may properly be given under clause (a) of sub-section (2) of section 24.

[Detention of alleged mentally ill person. Pending report by medical officer]

(2) The Magistrate may, from time to time, for the purpose mentioned in sub-section (1), by order in writing, authorize such further detention of the alleged mentally ill person for periods not exceeding ten days at a time as he may deem necessary.

Provided that no person shall be authorized to be detained under this sub-section for a continuous period exceeding thirty days in the agreeable.

29. Whenever any reception order is made by a Magistrate under section 22, section 24 or section 25, he may, for reasons to be recorded in writing, direct that the mentally ill person in respect of whom the order is made may be detained for such period not exceeding thirty days in such place as he may deem appropriate, pending the removal of such person to a psychiatric hospital or psychiatric nursing home.

[Detention of mentally ill person pending his removal to psychiatric hospital or psychiatric nursing home] D – Miscellaneous provision in relation to orders under this Chapter

30. Where any order under this Chapter is required to be made on the basis of a medical certificate, such order shall not be made unless the person who has signed the medical certificate, or where such order is required to be made on the basis of two medical certificates, the signatory of the respective certificates, has certified that he has personally examined the alleged mentally, ill person,

[Time and manner of medical examination of mentally ill person]

(i) in the case of an order made on an application, not earlier than ten near days immediately before the date on which such application is made; and

(ii) in any other case, not earlier than ten clear days immediately before the date of such order:

Provided that where a reception order is required to be made on the basis of two medical certificates such order shall not be made unless the certificates show that the signatory of each certificate examined the alleged mentally ill person independently of the signatory of the other certificate.

31. A reception order made under this Chapter shall be sufficient authority:-

[Authority for reception order]

(i) for the applicant or any person authorized by him, or

(ii) in the case of a reception order made otherwise than on an application, for the person authorized so to do by the authority making the order,

to take the mentally ill person to the place mentioned in such order or for his admission and treatment as an inpatient in the psychiatric hospital or psychiatric nursing home specified in the order or, as the case may be, for his admission and detention therein, or in any psychiatric hospital or psychiatric nursing home to which he may be removed in accordance with the provisions of this Act, and the medical officer-in-charge shall be bound to comply with such order:

Provided that in any case where the medical officer-in-charge finds accommodation in the psychiatric hospital or psychiatric nursing home inadequate, he shall, after according admission, intimate that fact to the Magistrate or the District Court which passed the order and there upon the Magistrate or the District Court, as the case may be, shall pass such order as he or it may deem fit:

Provided further that every reception order shall cease to have effect –

(a) on the expiry of thirty days from the date on which it was made, unless within that period, the mentally ill person has been admitted to the place mentioned therein, and

(b) on the discharge, in accordance with the provisions of this Act, of the mentally ill person.

32. Every Magistrate or District Court making a reception order shall forthwith send a certified copy thereof together with copies of the requisite medical certificates and the statement of particulars to the medical officer in charge of the psychiatric hospital or psychiatric nursing home to which the mentally ill person is to be admitted.

[Copy of reception order to be sent to medical officer in charge]

33. No Magistrate or District Court shall pass a reception order for the admission as an inpatient to, or for the detention of any mentally ill person, in any psychiatric hospital or psychiatric nursing home outside the State in which the Magistrate or the District Court exercises jurisdiction:

Provided that an order for admission or detention in to or in a psychiatric hospital or psychiatric nursing home situated in any other state may be passed if the State Government has by general or special order and after obtaining the consent of the government of such other State, authorized the Magistrate or the District Court in that behalf.

[Restriction as to psychiatric hospitals and psychiatric nursing homes into which reception order may direct admission]

34. If, after the admission of any mentally ill person to any psychiatric hospital or psychiatric nursing home under a reception order, it appears that the order under which he was admitted or detained or any of the documents on the basis of which such order was made is defective or incorrect, the same may, at any time thereafter he amended with the permission of the Magistrate or the District Court, by person or persons who signed the same and upon such amendment being made, the order shall have effect and shall be deemed always to have had effect as if it had been originally made as so amended, or, as the case be, the documents upon which it was made had been originally furnished as so amended.

[Amendment of order or document]

35. (1) Subject to the provisions of this section the Magistrate may, by order in writing (hereinafter referred to the order of substitution), transfer the duties and responsibilities under this Act, of the person on whose application a reception order was made, to any other person who is willing to undertake the same and such other person shall thereupon be deemed for the purposes of this Act to be the person on whose application the reception order was made and all references in this Act to the latter person shall be construed accordingly:

[Power to appoint substitute for person upon whose application reception order has been made]

Provided that no such order of substitution shall absolve the person upon whose application the reception order was made or, if he is dead, his legal representative, from any liability incurred before the date of the order substitution.

2) Before making any order of substitution, the Magistrate shall send a notice to the person on whose application the reception order was made , if he is alive, and to any relative of the mentally ill person who, in the opinion of the Magistrate, shall have notice.

3) The notice under sub-section (2) shall specify the name of the person in whose favour it is proposed to make the order of substitution and the date (which shall be not less than twenty days from the date of issue of the notice) on which objections, if any, to the making of such order shall be considered.

4) On the date specified under sub-section (3), or any subsequent date to which the proceedings may be adjourned, the Magistrate shall consider any objection made by any person to whom notice was sent, or by any other relative of the mentally ill person, and shall receive all such evidence as may be produced by or on behalf of any such person or relative and after making such inquiry as the Magistrate may deem fit, make or refrain from making the order of substitution:

Provided that, if the person whose application, the reception order was made is dead and any other person is willing and is, in the opinion of the Magistrate, fit to undertake the duties and responsibilities under this Act of the former person, the Magistrate shall, subject to the provisions contained in the proviso to sub-section(1), make an order to that effect.

5) In making any substitution order under this section, the Magistrate shall give preference to the person who is the nearest relative of the mentally ill person, unless, for reasons to be recorded in writing the Magistrate considers that giving such preference will not be in the interests of the mentally person.

6) The Magistrate may make such order for the payment of the costs of an inquiry under this section by any person or from out of the estate of the mentally ill person as he thinks fit.

7) Any notice under sub-section (2) may be sent by post to the last known address of the person for whom it is intended.

36. In any area where a Commissioner of Police has been appointed, all the powers and functions of the Magistrate under sections 23,24, 25 and 28 may be exercised or discharged by the Commissioner of Police and all the functions of an officer in charge of a police station under this Act may be discharged by any police officer not below the rank of an Inspector.

[Officers competent to exercise powers and discharge functions of Magistrate under certain sections.]

CHAPTER V

INSPECTION, DISCHARGE, LEAVE OF ABSENCE AND REMOVAL OF MENTALL ILL PERSONS

PART I

INSPECTION 37. (1) The State Government or the Central Government, as the case may be, shall appoint for every psychiatric hospital and every psychiatric nursing home, not less than five Visitors, of whom at least one shall be a medical officer, preferably a psychiatric and two social works.

(2) The head of the Medical Services of the State or his nominee preferably a psychiatrist shall be an ex officio Visitor of all the psychiatric hospitals and psychiatric nursing homes in the State.

(3) The qualifications of persons to be appointed as Visitors under sub-section (1) and the terms and conditions of their appointment shall be such as may be prescribed.

[Appointment of Visitors]

38.Not less than three Visitors shall, at least once in every month, make a joint inspection of every part of the psychiatric hospital or psychiatric nursing home in respect of which they have been appointed and examine every minor admitted as a voluntary patient under section 17 and, as far as circumstances will permit, every other mentally ill person admitted therein and the order for the admission of, and the medical certificates relating to, every mentally ill person admitted subsequent to the joint inspection immediately preceding, and shall enter in a book kept for that purpose such remarks as they deem appropriate in regard to the management and condition of such hospital or nursing home and of the inpatients thereof :

[Monthly inspection by Visitors] Provided that the Visitors shall not be entitled to inspect any personal records of an inpatient which in the opinion of the medical officer-in-charge are confidential in nature:

Provided further that if any of the Visitors does not participate in the joint inspection of the psychiatric hospital or psychiatric nursing home in respect of which he was appointed a Visitor for three consecutive months, he shall cease to hold office as such Visitor.

39. (1) Notwithstanding anything contained in section 38, where any person is detained under the provisions of section 144 of the Air Force Act, 1950, or section 145 of the Army Act, 1950, or section 143 or section 144 of the Navy Act, 1957, or section 330 or section 335 of the Code of Criminal Procedure, 1973, –

[Inspection of mentally ill prisoners]

45 of 1950, 40 of 1950, 62 of 1957, 2 of 1974

(i) the Inspector – General of Prisons, where such person is detained in a jail; and

(ii) all or any three of the Visitors including at least one social worker appointed under sub-section (1) of section 37, where such person is detained in a psychiatric hospital or psychiatric nursing home,

shall, once in every three months, visit such person at the place where he is detained, in order to assess the state of mind of such person and make a report thereon to the authority under whose order such person is so detained.

(2) The State Government may empower any of its officers to discharge all or any of the functions of the Inspector-General of Prisons under sub-section (1).

(3) The medical officer in charge of a psychiatric hospital or psychiatric nursing home wherein any person referred to in sub-section (1) is detained, shall once in every six months, make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained.

(4) Every person who is detained in jail under the provisions of various Acts referred to in sub-section (1) shall be visited at least once in every three months, by a psychiatrist, or where a psychiatrist is not available, by a medical officer empowered by the State Government, in this behalf and such psychiatrists or, as the case may be, such medical officer shall make a special report regarding the mental and physical condition of such person to the authority under whose order such person is detained.

PART II

DISCHARGE

40. (1) Not withstanding anything contained in Chapter IV, the medical officer in charge of a psychiatric hospital or psychiatric Nursing home may, on the recommendations of two medical parishioners one of whom shall preferably by a psychiatrist, by order in writing, direct the discharge of any person, other than a voluntary patient detained or undergoing treatment therein as an inpatient, and such person shall thereupon be discharged from the psychiatric hospital or psychiatric nursing home:

[Order of discharge by medical officer in charge]

Provided that no order under this sub-section shall be made in respect of a mentally ill prisoner otherwise than as provided in section 30 of the Prisoners Act, 1990 or in any other relevant law.

(2) Where any order of discharge is made under sub-section (I) in respect of a person who has been detained or is undergoing treatment as inpatient in pursuance of an order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer in charge.

[3 of 1900]

41. Any person detained in a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under this Act, shall be discharged on an application made in that behalf to the medical officer in charge by the person on whose application the order was made:

[Discharge of mentally ill persons on application] Provided that no person shall be discharged under this section if the medical officer in charge certifies in writing that the person is dangerous and unfit to be at large.

42. (1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychiatric nursing home under section 22, section 24 or section

25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under whose orders the mentally ill person is detained.

[Orders of discharge on the undertaking of relatives or friends, etc, for care of mentally ill person]

(2) Where an application is received under sub-section (1), the authority shall, on such relative or friend furnishing a bond, with or without sureties, for such authority may specify in this behalf, undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged.

43. (1) Any person (not being a mentally prisoner) detained in pursuance of an order made under this Act who feels that he has recovered from his mental illness may make an application to the Magistrate, where necessary under the provisions of this Act, for his discharge from the psychiatric nursing home.

[Discharge of person on his request] (2) An application made under sub-section (1) shall be supported by a certificate either from the medical officer in charge of the psychiatric hospital or psychiatric nursing home where the applicant is undergoing treatment or from a psychiatrist

(3) The Magistrate may, after making such inquiry as he may deem fit, pass an order discharging the person or dismissing the application.

44. If any person detained in a psychiatric hospital or psychiatric nursing home in pursuance of a reception order made under this Act is subsequently found on an inquisition held in accordance with the provisions of Chapter VI, to be of sound mind or capable of taking care of himself and managing his affairs, the medical officer in charge shall forthwith, on the production of a copy of such finding duly certified by the District Court, discharge such person from such hospital or nursing home.

[Discharge of person subsequently found on inquisition to be of sound mind]


PART III

Leave of Absence

45.(1) An application for leave of absence on behalf of any mentally ill person (not being a mentally ill prisoner) undergoing treatment as an inpatient in any psychiatric hospital or psychiatric nursing home may be made to the medical officer in charge, –

[Leave of Absence] (a) in the case of a person who was admitted on the application of the husband or wife, by the husband or wife of such mentally ill person, or where by reason of mental or physical illness, absence from India or otherwise, the husband or wife is not in a position to make such application, by any other relative of the mentally ill person duly authorised by the husband or wife , or

(b) in the case of any other person, by the person on whose application the mentally ill person was admitted:

Provided that no application under this sub-section shall be made by a person who has not attained the age of majority.

(2) Every application under sub-section (1) shall be accompanied by a bond, with or without sureties for such amount as the medical officer in charge may specify, undertaking-

(i) to take proper care of the mentally ill person,

(ii) to prevent the mentally ill person from causing injury to himself or to others and

(iii) to bring back the mentally ill person to the psychiatric hospital or, as the case may be ,psychiatric nursing home, on the expiry of the period of leave.

(3) On receipt of an application under sub-section (1), the medical officer in charge may grant leave of absence to the mentally ill person for such period as the medical officer in charge may deem necessary and subject to such conditions as may in the interests of the health and personal safety of the mentally ill person or for the protection of others, be specified in the order:

Provided that the total number of days for which leave of absence may granted to a patient under this sub-section shall not exceed sixty days. (2)

(4) Where the mentally ill person is not brought back to the psychiatric hospital or psychiatric nursing home on the expiry of the leave granted to him under this section the medical officer in charge shall forthwith report that fact to the Magistrate within the local limits of whose jurisdiction such hospital or nursing home is situate and the Magistrate may, after making such inquiry as he may deem fit, make an order directing him to be brought back to the psychiatric hospital or psychiatric nursing home, as the case may be.

(5) Nothing contained in this section shall apply to a voluntary patient referred to in section 15 or section 16 and the provisions of section 18 shall apply to him.

46. (1) Where the medical officer in charge refuses to grant leave of absence to a mentally ill person under section 45, the applicant may apply to the Magistrate within the local limits of whose jurisdiction the psychiatric hospital or psychiatric nursing home wherein the mentally ill person is detained is situate, for the grant of leave of absence to the mentally ill person and the Magistrate may, if he is satisfied that it is necessary so to do, and on the applicant entering into a bond in accordance with the provisions of sub-section (2), by order, grant leave of absence to the mentally ill person for such period and subject to such conditions as may be specified in the order.

[Grant of leave of absence by Magistrate] (2) Every bond referred to in sub-section (1) shall be with or without sureties and for such amount as the Magistrate may decide and shall contain the undertaking referred to in sub-section (2) of section 45

(3) The Magistrate shall forward a copy of his order to the medical officer in charge and on receipt of such order the medical officer in charge shall entrust the mentally ill person to the person on whose application the leave of absence was granted under this section.

PART IV. REMOVAL

47.(1) Any mentally ill person other than a voluntary patient referred to in section 15 or section 16 may, subject to any general or special order of the State Government, be removed from any psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home within the State, or to any other psychiatric hospital or psychiatric nursing home in any other state with the consent of the Government of that other state:

Provided that no mentally ill person admitted to a psychiatric hospital or psychiatric nursing home under an order made in pursuance of an application made under this Act shall be removed unless intimation thereof has been given to the applicant.

[Removal of mentally ill person from one psychiatric hospital or psychiatric nursing home to any other psychiatric hospital or psychiatric nursing home]

(2) The State Government may make such general or special order as it thinks fit directing the removal of any mentally ill prisoner from the place where he is for the time being detained ,to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in the State or to any psychiatric hospital, psychiatric nursing home, jail or other place of safe custody in any other State with the consent of the Government of that other state.

48. Every person brought into a psychiatric hospital or psychiatric nursing home under any order made under this Act, may be detained or as the case may be, admitted as an inpatient therein until he is removed or is discharged under any law, and in case of his escape from such hospital or nursing home he may, by virtue of such order, be retaken by any police officer or by the medical officer in charge or any officer or servant of such hospital or nursing home, or by any other person authorised in that behalf by the medical officer in charge, and conveyed to, and received and detained or, as the case may be kept is an inpatient in such hospital or nursing home:

[Admission, detention and retaking in certain cases]

Provided that in the case of a mentally person (not being a mentally ill prisoner) the power to retake as aforesaid under this section shall not be exercisable after the expiry of a period of one month from the date of his escape.

49. Any person aggrieved by any order of a Magistrate, passed under any of the foregoing provisions may, within sixty days from the date of the order, appeal against that order to the District Court within the local limits of whose jurisdiction the Magistrate exercised the powers, and the decision of the District Court on such appeal shall be final.

[Appeal from orders of Magistrate]

CHAPTER VI

JUDICIAL INQUISITION REGARDING ALLEGED MENTALLY ILL PERSON POSSESSIONG PROPERTY, CUSTODY OF HIS PERSON AND MANAGEMENT OF HIS PROPERTY

50. (1) Where an alleged mentally ill person is possessed of property, an application for holding an inquisition into the mental condition of such person may be made either –

[Application for judicial inquisition]

(a) By any of his relatives, or

(b) By a public curator appointed under the Indian succession Act, 1925 or

[39 of 1925]

(c) By the advocate – general of the state in which the alleged mentally ill person resides, or

(d) Where the property of the alleged mentally ill person comprises land or interest in land, or where the property or part thereof is of such a nature as can lawfully be entrusted for management to a court of wards established under any law for the time being in force in this state, by the Collector of the District in which such land is situate,

to the District Court within the local limits of whose jurisdiction the alleged mentally ill person resides.

(2) on receipt of an application under sub-section (1), the District Court shall, by personal service or by such other mode of service as it may deem fit, serve a notice on the alleged mentally ill person to attend at such place and such time as may be specified in the notice or shall, in like manner, serve a notice on the person having the custody of the alleged mentally ill person to produce such person at the said place and at the said time, for being examined by the District Court or by any other person whom the District Court may call for a report concerning the mentally ill person:

Provided that , if the alleged mentally ill person is a woman, who according to the custom prevailing in the area where she resides or according to the religion, to which she belongs, ought no to be compel to appear in public, the District Court may cause her to examine by issuing a commission as provided in the code of civil procedure, 1908.

[5 of 1908]

(3) A copy of the notice under sub-section (2) shall also be served upon the applicant and upon any relative of the alleged mentally ill person or other person who, in the opinion of the District Court, shall have notice of Judicial inquisition to be held by it.

(4) For the purpose of holding the inquisition applied for, the District Court may appoint two or more persons to act as assessors.

Page 322

51. On completion of the inquisition, the District Court shall record its findings on, –

(i) whether the alleged mentally ill person is in fact mentally ill or not, and

(i) where such person is mentally ill, whether he is incapable of taking care of himself and of managing his property, or in capable of managing his property only. [Issues on which finding should be given by District Court after inquisition]

52. (1) Where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is in capable of taking care of himself and of managing his property, it shall make an order for the appointment of the Guardian under section 53 to take care of his person and of a Manager under section 54 for the management of his property.

(2) where the District Court records a finding that the alleged mentally ill person is in fact mentally ill and is incapable of managing his property but capable of taking care of himself, it shall make an order under section 54, regarding the management of his property.

[Provision for appointing guardian of mentally ill person and for manager of property]

(3) where the District Court records a finding that the alleged mentally ill person is not mentally ill, it shall dismiss the application,

(4) where the district court deems fit, it may appoint under sub section (1) the same person to be the guardian and the manager.

53. (1) where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under subsection (2) of section

54, the Collector of District, may appoint any suitable person to be his guardian.

[Appointment of Guardian of mentally ill person]

(2) in the discharge of his functions under sub section (1), the Collector shall be subject to the supervision and control of the state government of any authority appointed by it in that behalf.

54. (1) Where the property of the Mentally ill person who is in capable of managing it is such as can be taken charge of by a court of wards under any law for the time being inforce, the District Court shall authorise the court of wards to take charge of such property and there upon not withstanding anything contained in such law, the Court of wards shall assume the management of such property in accordance with that law.

[Appointment of manger for management of property of mentally ill person]

(2) where the property of the mentally ill person consists

(3) where the management of the property of the mentally ill person cannot be entrusted in whole or in part of land or of any interest in land which cannot taken charge of by the court of wards, the District court may, after obtaining the consent of the Collector of the District in which the land is situated, direct the Collector to take charge of the person and such part of the property or interest therein of mentally ill person as cannot be taken charge of by the court of wards to the court of wards or to the Collector under subsection (1) or subsection (2), as the case may be, the District Court shall appoint any suitable person to be the manager of such property.

55. Where the property of a mentally ill person has been entrusted to the collector by District court under subsection (2) of section 54, he may, subject to the control of the State Government or any authority appointed by it that behalf, appoint any suitable person for the management of the property of the mentally ill person.

[Appointment of manager by Collector]

56. Every person who is appointed as the manager of the property of the mentally ill person by the District Court or by the Collector shall, if so required by the appointing authority, entering into a bond for such sum, in such form and with such sureties as that authority, may specify, to account for all receipts from the property of the Mentally ill person.

[manager of property to execute the Bond]

57. (1) No person, who is the legal heir or a mentally ill person shall appointed under section 53, 54 or 55 to be the guardian of such mentally ill person of, as the case may be, the manager of his property unless the District Court or, as the case may be, the Collector, for reasons to be recorded in writing considers that such appointment is for the benefit of the mentally ill person.

[Appointment and remuneration of guardians and managers]

(2) The guardian of a mentally ill person or the manager of his property or both appointed under this act shall be paid, from out of the property of the mentally ill person, such allowance as the appointing authority may determine.

58. (1) Every person appointed as a guardian of a mentally ill person or manager of his property, or of both, under this act shall have the care of the mentally ill person or his property, or of both, and be responsible for the maintenance of the mentally ill person and of such members of his family as are depended on him.

[Duties of guardian and manager]

( 2) where the person appointed as guardian of a mentally ill person, is different from the person appointed as the manger of his property, the manger of his property shall pay to the guardian of the mentally ill person such allowance may be fixed by the authority appointing the guardian for the maintenance of the mentally ill person and of such members of his family as are depended on him.

59. (1) Every manager appointed under this act shall, subject to the provisions of this act, exercise the powers in regard to the management of the property of the mentally ill person in respect of which he is appointed as manager, as the mentally ill person would have exercised as owner of the property had he not been mentally ill, and shall realize all claims due to the estate of the mentally ill person and pay all debts and discharge all liabilities due from that estate:

[Power of Manager]

Provided that the manager shall not mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person or lease out any such property for a period exceeding 5 years, unless he obtains the permission of the District Court in that behalf.

(2) The District Court may, on an application made by the manger, grand him permission to mortgage, create a charge on, or, transfer by sale, gift, exchange of otherwise, any immovable property of the mentally ill person or to lease out any such property for a period exceeding 5 years, subject to such condition or restriction as that court may think fit to impose.

(3) The District Court shall cause notice of every application for permission to be served on any relative or friend of the mentally ill person and after considering objections, if any, received from the relative or fried and after making such inquiries as it may deem necessary, grant or refused permission having regard to the interests of the mentally ill person.

60. (1) Every manager appointed under this act shall, within a period of 6 months from the date of his appointment, deliver to the authority, which appointed him, and inventory of the immovable property belonging to the mentally ill person and of all assets and other movable property received on behalf of the mentally ill person, together with a statement of all claims due to and all debts and liabilities due by, such mentally ill person.

[Manager to furnish in inventory and annual accounts]

(2) Every such manager shall also furnish to the said appointing authority within a period of three months of the close of every financial year, and account of the property and assets in his charge, the sum received and disbursed on account of the mentally ill person and the balance remaining with him.

61. Every manager appointed under this act, may in the name and on behalf of the mentally ill person, –

[Manager’s power to execute conveyances under orders of District Court]

(a) exercise all such conveyances and instruments of transfers by way of sale, mortgage or otherwise of property of mentally ill person as may be permitted by the district court: and

(b) subject to the orders of the district court, exercise all powers vested in that behalf in the mentally ill person in his individual capacity or in his capacity as a trusty or as a guardian

62. Where the mentally ill person had, before his mental illness, contracted to sell or otherwise dispose of his property or any portion thereof, and if such contract is, in the opinion of the District Court, of  such a nature as ought to be performed, the District Court may direct the manager appointed under this act to perform such contract and to do such other acts in fulfillment of the contract as the court considers necessary and thereupon the manager shall be bound to act accordingly.

[Manager to perform contracts directed by District Court]

63. Where a mentally ill person had been engaged in business before he became mentally ill, the District Court may, if it appears to be for the benefit of the mentally ill person to dispose of his business premises, direct the manager appointed under this act in relation to the property of such person to sell and dispose of such premises and to apply the sale proceeds thereof in such manner as the District Court may direct and thereupon the manager shall be bound to act accordingly.

[Disposal of Business premises]

64. Where a mentally ill person is entitled to a lease or under lease, and it appears to the manager appointed under this act, in relation to the property of such person that it would be for the benefit of the mentally ill person to dispose of such lease or under lease, such manager may, after obtaining the orders of the District Court, surrender, assign or otherwise dispose of such lease or under lease to such person for such consideration and upon such terms and conditions as the court may direct.

[Manager may dispose of leases]

65. The District Court may, on application made to it by any person concerning any matter whatsoever connected with the mentally ill person or his property, make such order, subject to the provisions of this chapter, in relation to that matter as in the circumstances it thinks fit.

Power to make order concerning any matter connected with mentally ill person]

66. If any relative of the mentally ill person or the Collector impugns, by a petition to the District Court, the accuracy of the inventory or statement referred to in subsection (1), or, as the case may be, any annual account referred to in sub section (2), of section 60, the court may summon the manager and summarily inquire into the matter and make such order thereon as it thinks fit.

[Proceeding it accuracy of inventory or accounts is impugned ]

Provided that the District Court may, in its discretion, refer such petition to any such court subordinate to it, or to the Collector in any case where the manager was appointed by the Collector and the petition is not presented by the Collector.

67. All sums received by a manager on account of any estate in excess of what may be required for the current expenses of the mentally ill person or for the management of his property, shall be paid into the public treasury on account of the estate, and shall be invested from time to time in any of the securities specified in section 20 of the Indian Trusts act, 1882 (2 of 1882) unless, the authority which appointed him, for reasons to be recorded in writing, directs that, in the interests of the mentally ill person such sums be otherwise invested or applied.

[Payment into public treasury and investment of proceeds of estate]

68. Any relative of a mentally ill person may, with the leave of the District Court, sue for an account from any manager appointed under this act, or from any such person after his removal from office or trust, or from his legal representative in the case of his death, in respect of any property then or formerly under his management of any sums of money or other property received by him on account of such property.

[Relative may sue for account]

69. (1) the manger of the property of a mentally ill person may, for sufficient cause and for reasons to be recorded in writing, be removed by the authority which appointed him and such authority may appoint a new manager in his place.

[Removal of managers and guardians]

(2) Any manager removed under subsection (1) shall be bound to deliver the charge of all property of the mentally ill person to the new manager and to account for all moneys received or disbursed by him.

(4) The District Court may, for sufficient cause, remove any guardian of a mentally ill person and appoint in his place a new guardian.

70. (1) Where a person, being a member of a partnership firm, is found to be mentally ill, the District Court may, on the application of any other partner for the dissolution of partnership or on the application of any person who appears to that court to be entitled to seek such dissolution, dissolve the partnership.

[Dissolution and disposal of property of partnership on a member becoming mentally ill]

(2) Upon the dissolution under subsection (1), or otherwise, in due course of law, of a partnership firm to which that subsection applies the manager appointed under this act may, in the name and on behalf of the mentally ill person, join with the other partners in disposing of the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the District Court may direct.

71. (1) Notwithstanding anything contained in the foregoing provisions, the District Court may, instead of appointing a manager of the estate, order that in the case of cash, the cash and in the case of any other property the produce thereof, shall be realized and paid or delivered to such person as may be appointed by the District Court in this behalf, to be applied for the maintenance of the mentally ill person and of such members of his family as are dependent on him.

(2) A receipt given by the person appointed under sub-section (1) shall be valid discharge to any person who pays money or delivers any property of the mentally ill person to the person so appointed.

[Power to apply property for maintenance of mentally ill person without appointing manager in certain cases.]

72. Where any stock or Government securities or any share in a company (transferable within India or the dividends of which are payable therein) is or are standing in the name of, or vested in, a mentally ill person beneficially entitled thereto, or in the manager appointed under this Act or in a trustee for him, and the manager dies intestate, or himself becomes mentally ill, or is out of the jurisdiction of the District Court, or it is uncertain whether the manager is living or dead, or he neglects or refuses to transfer the stock, securities or shares, or to receive and pay over thereof the dividends to a new manager appointed in his place within fourteen days after being required by the Court to do so, then the District Court may direct the company or Government concerned to make such transfer or to transfer the same, and to receive and pay over the dividends in such manner as it may direct.

[Power to order transfer of stock, securities of shares belonging to mentally ill person in certain cases]

73. Where any stock or Government securities or share in a company is or are standing in the name of, or vested in, any person residing out of India, the District Court upon being satisfied that such person has been declared to be mentally ill and that his personal estate has been vested in a person appointed for the management thereof, according to the law of the place where he is residing, may direct the company or Government concerned to make such transfer of the stock, securities or shares or of any part thereof, to or into the name of the person so appointed or otherwise, and also to receive and pay over the dividends and proceeds, as the District Court thinks fit.

[Power to order transfer of stock, securities or shares of mentally ill person residing out of India]

74. If it appears to the District Court that the mental illness of a mentally ill person is in its nature temporary, and that it is expedient to make provision for a temporary period, for his maintenance or for the maintenance of such members of his family s are dependent on him. The District Court may, in like manner as under section 71, direct his property or a sufficient part thereof to be applied for the purpose specified therein.

[Power to apply property for mentally ill person’s maintenance in case of temporary mental illness]

75. (1) Where the District Court has reason to believe that any person who was found t be mentally ill after inquisition under this Chapter has ceased to be mentally ill, it may direct any court subordinate to it to inquire whether such person has ceased to be mentally ill.

(2) An inquiry under sub-section (1) shall, so far as may be, be conducted in the same manner as an inquisition conducted under this Chapter.

(3) If after an inquiry under this section, it is found that the mental illness of a person has ceased, the District Court shall order all actions taken in respect of the mentally ill person under this Act to be set aside on such terms and conditions as that Court thinks fit to impose.

[Action taken in respect of mentally ill person to be set aside if District Court finds that his mental illness has ceased]

76. An appeal shall lie to the High Court from every order made by a District Court under this Chapter.

[Appeals]

77. The District Court may, from time to time, make regulations for the purpose of carrying out the provisions of this Chapter.

[Power of District Court to make regulations]

CHAPTER VII

LIABILITY TO MEET COT OF MAINTENANCE OF MENTALLY ILL PERSONS DETAINED IN PSYCHIATRIC HOSPITAL OR PSYCHIATRIC NURSING HOME

78. The cost of maintenance of a mentally ill person detained as an inpatient in any psychiatric hospital or psychiatric nursing home shall, unless otherwise provided for by any law for the time being in force, be borne by the Government of the State wherein the authority which passed the order in relation to the mentally ill person is subordinate, if –

[Cost of maintenance to be borne by Government in certain cases]

(a) that authority which made the order has not taken an undertaking from any person to hear the cost of maintenance of such mentally ill person, and (a)

(b) (b) no provision for bearing the cost of maintenance of such a District Court under this Chapter.

79. (1) Where any mentally ill person detained in a psychiatric hospital or psychiatric nursing home has an estate or where any person legally bound to maintain such person has the means to maintain such person the Government liable to pay the cost of maintenance of such person under section 78 or any local authority liable to bear the cost of maintenance of such mentally ill person under any law for the time being in force, may make an application to the District Court within whose jurisdiction the estate of the mentally ill person is situate or the person legally bound to maintain the mentally ill person and having the means therefor resides, for an order authorising it to apply the estate of the mentally ill person to the cost of maintenance or, as the case may be, directing the person legally bound to maintain the mentally ill person and having the means therefore to bear the cost of maintenance of such mentally ill person.

[Application to District Court for payment of cost of maintenance out of mentally ill person or from a person legally bound to maintain him.]

(2) An order made by the District Court under sub-section (1) shall be enforced in the same manner, shall have the same force and effect and be subject to appeal, as a decree made by such Court in a Suit in respect of the property or person mentioned therein.

80. Nothing contained in the foregoing provisions shall be deemed to absolve a person legally bound to maintain a mentally ill person from maintaining such mentally ill person.

[persons legally bound to maintain mentally ill person not absolved from such liability]


CHAPTER VIII

PROTECTION OF HUMAN RIGHTS OF MENTALLY ILL PERSONS

81. (1) No mentally ill person shall be subjected during treatment to any indignity (whether physical or mental) or cruelty.

(2) No mentally ill person under treatment shall be used for purposes of research, unless-

(i) such research is of direct benefit to him for purposes of diagnosis or treatment; or

(ii) such person, being a voluntary patient, has given his consent in writing or where such person (whether or not a voluntary patient) is incompetent by reason of minority or otherwise, to give valid consent, the guardian or other person competent to give consent on his behalf, has given his consent in writing for such research..

(3) Subject to any rules made in this behalf under section 94 for the purpose of preventing vexatious or defamatory communications or communications prejudicial to the treatment or mentally ill persons, no letters or other communications sent by or to a mentally ill persons under treatment shall be intercepted, detained or destroyed.


CHAPTER IX
. PENALTIES AND PROCEDURE

82. (1) Any person who establishes or maintains a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III shall, on conviction, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in case of a second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

[Penalty for establishment or maintenance of psychiatric hospital or psychaitric nursing home in contravention of Chapter III]

(2) Whoever, after conviction under sub-section (1), continues to maintain a psychiatric hospital or psychiatric nursing home in contravention of the provisions of Chapter III Shall, on conviction, be punishable with fine which may extend to one hundred rupees, for every day after the first day during which the contravention is continued.

83. Any person who receives or detains or keeps a mentally ill person in a psychiatric hospital or psychiatric nursing home otherwise than in accordance with the provisions of this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.

[Penalty for improper reception of mentally ill person]

84. Any manager appointed under this Act to manage the property of a mentally ill person, who contravenes the provisions of section 60 or sub-section (2) of section 69, shall, on conviction, be punishable with fine which may extend to two thousand rupees and may be detained in a civil prison till he complies with the said provisions.

[Penalty for contravention of sections 60 and 69]

85. Any person who contravenes any of the provisions of this Act or of any rule of regulation made thereunder, for the contravention of which no penalty is expressly provided, in this Act, shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

[General provision for punishment of other offence]

86. (1) Where an offence under this Act has been committed by a company, every 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:

[Offences by companies]

Provided that nothing contained in this sub-section shall render any such person liable to any punishments, 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 a 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.

87. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall take cognizance of any offence punishable under section 82, except with the previous sanction of the licensing authority.

[Sanction for prosecutions]. 2 of 1974

CHAPTER X. MISCELLANEOUS

88. The provisions of Chapter XXXIII of the Code of Criminal Procedure, 1973, as far as may be, apply to bonds taken under this Act.

[Provision as to bonds] 2 of 1974

89. The medical officer in charge of a psychiatric hospital or psychiatric nursing home shall, as soon as may be, after any mentally ill person detained therein has been discharged make a report in respect of his mental and physical condition to the authority under whose orders such person had been so detained.

[Report by medical officer]

90. (1) Where any sum is payable in respect of pay, pension, gratuity or any allowance to any person by any Government and the person to whom the sum is payable is certified by a Magistrate under this Act to be a mentally ill person, the officer under whose authority such sum would be payable, may pay to the person having charge of the mentally ill person to much of the said sum, as he thinks fit, having regard to the cost of maintenance of such person and may pay to such members of the family of the mentally ill person as are dependent on him for maintenance, the surplus, if any, or such part thereof, as he thinks fit, having regard to the cost of maintenance of such members.

(2) Where there is any further surplus amount available out of the funds specified in sub-section (1) after making payments as provided in that sub-section, the Government shall hold the same to be dealt with as follows, namely:-

(a) where the mentally ill person is certified to have ceased to be mentally ill by the District Court within the local limits of whose jurisdiction such person resides or is kept or detained, the whole of the surplus amount shall be paid to that person;

(b) where the mentally ill person dies before payment, the whole of the surplus amount shall be paid over to those of his heirs who are legally entitled to receive the same;

(c) Where the mentally ill person comes during his mental illness without leaving nay person legally entitled to succeed to his estate. The whole of the surplus amount shall, with the prior permission of the District Court, be utilized for such charitable purpose as may be approved by the District Court.

(3) The Central Government or the State Government, as the case may be, shall be discharged of all liability in respect of any amounts paid in accordance with this section.

91. (1) Where a mentally ill person is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate that such person has not sufficient means to engage a legal practitioner, the District Court or Magistrate shall assign a legal practitioner to represent him at the expense of the State.

[Legal aid to mentally ill person at State expense in certain cases]

(2) Where a mentally ill person having sufficient means to engage a legal practitioner is not represented by a legal practitioner in any proceeding under this Act before a District Court or a Magistrate and it appears to the District Court or Magistrate, having regard to all the circumstances of the case, that such person ought to be represented by a legal practitioner, the District Court or Magistrate may assign a legal practitioner to represent him and direct the State to bear the expenses with respect thereto and recover the same from out of the property of such person.

(3) The High Curt may, with the previous approval of the State Government, make rules providing for –

(a) the mode of selecting legal practitioners for the purpose of subsections (1) and (2)

(b) the facilities to be allowed to such legal practitioners,

(c) the fees payable to such legal practitioners by the Government and generally for carrying out the purpose of sub-sections (1) and (2)

Explanation – In this section “legal practitioner” shall have the meaning assigned to it in clause (i) of section 2 of the Advocates Act, 1961.

[25 of 1961]

92. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder.

[Protection of action taken in good faith]

(2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this Act or any rules, regulations or orders made thereunder.

93. (1) Any references in this Act to a law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

[Construction of refrence to certain laws, etc]

(2) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be constructed as a reference to such officer or authority as may be specified by the General Government by notification.

94. (1) The Central Government may, by notification, make rules providing for the qualifications of persons who may be appointed as Mental Health Authority under section 3 and the terms and conditions subject to which they may be appointed under that section and all other matters relating to such authority.

[Power of Central Government and State Government to make rules]

(2) Subject to the provisions of sub-section (1), the State Government, with the previous approval of the Central Government may, by notification, make rules for carrying out the provisions of this Act:

Provided that the first rules shall be made by the Central Government by notification.

(3) In particular, and without prejudice to the generality of the foregoing power, rules made under sub-section (2) may provide for all or any of the following maters, namely:-

(a) the qualifications of persons who may be appointed as Mental Health Authority and the terms and conditions subject to which they may be appointed under section 4 and all other maters relating to such authority.

(b) The class or category of persons for whom separate psychiatric hospitals and psychiatric nursing homes may be established and maintained under clause (d) of subsection (1) of section 5;

(c) The form in which –

(i) an application may be made for grant or, renewal of a license and the fee payable in respect thereof under section 7 or, as the case may be, section 9;

(ii) a license may be granted for the establishment or maintenance of a psychiatric hospital or a psychiatric nursing home under section 8;

(iii) an application may be made for a reception order under section 20;

(d) the manner in which an order refusing in grant, or revoking a license shall be communicated under section 8 or, as the case may be section 11;

(e) the manner in which a report may be made to the licensing authority under sub-section (2) of section 9;

(f) the minimum facilities referred to in the provisio to sub-section (5) of section 9 including –

(i) psychiatrist – patient ratio;

(ii) other medical or para-medical staff (i)

(iii) space requirement;

(iv) treatment facilities; and

(v) equipment;

(g) the manner in which and the conditions subject to which a psychiatric hospital or psychiatric nursing home shall be maintained under section 10;

(h) the form and manner in which and the period within which an appeal against any order refusing to grant or renew a license of revoking a license shall be preferred the fee payable in respect thereof under section 12;

(i) the manner in which records shall be maintained under sub-section (1) o section 13.

(j) The facilities to be provided under section 14 for the treatment of a mentally ill person as an outpatient.

(k) the manner in which application for a reception order shall be signed and verified under sub-section (5) of section 20;

(l) the qualifications of persons who may be appointed as Visitors and the terms and conditions on which they may be appointed under section 37 and their functions;

(m) prevention of vexatious or defamatory communications and other matters referred to in sub-section (3) of section 81;

(n) any other matter which is required to be, or may be, prescribed.

95. (1) Every rule made by the Central Government 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.

[Rules made by Central Government or the State Government to be laid before the Legislatures]

(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

96. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force and to the extent of such inconsistency that other law shall be deemed to have no effect.

[Effect of Action other law]

97. If any difficulty arises in giving effect to the provisions of this Act in any State, the State Government may by order, do anything not inconsistent with such provisions which appears to be necessary or expedient for the purpose of removing the difficulty.

[Power in remove difficulty]

Provided that no other shall be made under this section in relation to any State after the expiry of two years from the date on which this Act comes into force in that State.

98. (1) The Indian Lunacy Act, 1912, and the Lunacy Act, 1977, are hereby repealed.

[Repeal and saving] 4 of 1912, Jammu and Kashmir Act 25 of 1977 (1930 AD)

(2) Notwithstanding such appeal, anything done or any action taken under either of the said A shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force until superseded by anything done or any action shall taken under this Act.

S. RAMAIAH Secretary to the Government of India
The Rehabilitation Council of India Act, 1992 PDF Print E-mail

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

The Act has been enacted under Article 253 of the Constitution read with item No. 13 of the Union List. It gives effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc. The implementation of the Act requires a multi-sectoral collaborative approach by the appropriate governments, including various Central Ministries/Departments, States/Union Territories, local bodies.

SOURCE: http://socialjustice.nic.in/policiesacts3.php

THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995

PUBLISHED IN PART II, SECTION 1 OF THE

EXTRAORDINARY GAZETTE OF INDIA

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 1st January, 1996/Pausa 11, 1917 (Saka)

The following Act of Parliament received the assent of the President on the 1st January, 1996, and is hereby published for general information:- No.1 OF 1996

[1st January 1996]

An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region.

WHEREAS the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December,1992, adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region;

AND WHEREAS India is a signatory to the said Proclamation; AND WHEREAS it is considered necessary to implement the Proclamation aforesaid.

Be it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:-

Chapter I Preliminary

Chapter II The Central Coordination Committee

Chapter III The State Coordination Committee

Chapter IV Prevention And Early Detection Of Disabilities

Chapter V Education

Chapter VI Employment

Chapter VII Affirmative Action

Chapter VIII Non – Discrimination

Chapter IX Research And Manpower Development

Chapter X Recognition Of Institutions For Persons With Disabilities

Chapter XI Institution For Persons With Severe Disabilities

Chapter XII The Chief Commissioner And Commissioners For Persons With Disabilities

Chapter XIII Social Security

Chapter XIV Miscellaneous

CHAPTER-I

1. PRELIMINARY

(1) This Act may be called the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may. by notification, appoint.

2. In this Act, unless the context otherwise requires,-

(a) “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 Cantonment Act, 1924, 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;

(iii) In respect of the Central Co-ordination Committee and the Central Executive Committee, the Central Government;

(iv) In respect of the State Co-ordination Committee and the State Executive Committee, the State Government;

(b) “Blindness” refers to a condition where a person suffers from any of the following conditions, namely:-

(i) Total absence of sight. or

(ii) Visual acuity not exceeding 6160 or 201200 (snellen) in the better eye with correcting lenses; or

(iii) Limitation of the field of vision subtending an angle of 20 degree or worse;

(c) “Central Co-ordination Committee” means the Central Co-ordination Committee constituted under sub-section (1) of section 3;

(d) “Central Executive Committee” means the Central Executive Committee constituted under sub-section (1) of section 9;

(e) “Cerebral palsy” means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;

(f) “Chief Commissioner” means the Chief Commissioner appointed under subsection (1) of section 57;

(g) “Commissioner” means the Commissioner appointed under sub-section (1) of section 60;

(h) “Competent authority” means the authority appointed under section 50;

(i) “Disability” means-

(I) Blindness;

(ii) Low vision;

(iii) Leprosy-cured;

(iv) Hearing impairment;

(v) Loco motor disability;

(vi) Mental retardation;

(vii) Mental illness;

(j) “Employer” means,-

(i) In relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and

(ii) In relation to an establishment, the chief executive officer of that the establishment;

(k) “Establishment” means a corporation established by or under a Central, Provincial 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 617 of ‘the Companies Act, 1956 and includes Departments of a Government;

(l) “Hearing impairment” means loss of sixty decibels or more in the better year in the conversational range of’ frequencies;

(m) “Institution for persons with disabilities” means an institution for the reception. Care, protection, education, training, rehabilitation or any other service of persons with disabilities;

(n) “Leprosy cured person” means any 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 from undertaking any gainful occupation, and the expression “leprosy cured” shall be construed accordingly;

(o) “Loco motor disability” means disability of the bones, joints muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy,

(p) “Medical authority” means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government;

(q) “Mental illness” means any mental disorder other than mental retardation;

(r) “Mental retardation” means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence;

(s) “Notification” means a notification published in the, Official Gazette;

(t) “Person with disability” means a person suffering from not less than forty per cent. of any disability as certified by a medical authority;

(u) “Person with low vision” means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;

(v) “Prescribed” means prescribed by rules made under this Act;

(w) “Rehabilitation” refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;

(x) “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, respecting-

(i) Persons who seek to engage employees from amongst the persons suffering from disabilities;

(ii) Persons with disability who seek employment;

(iii) Vacancies to which person with disability seeking employment may be appointed;

(y) “State Co-ordination Committee” means the State Co-ordination Committee constituted under sub-section (1) of section 19;

(z) “State Executive Committee” means the State Executive Committee constituted under sub-section (l) of section 19

CHAPTER II THE COORDINATION COMMITTEE

3. (1) The Central Government shall by notification constitute a body to be known as the Central Co-ordination Committee to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

(2) The Central Co-ordination Committee shall consist of-

(a) The Minister in charge of the Department of Welfare in the Central Government, Chairperson, ex officio;

(b) The Minister of State in-charge of the Department of Welfare in the Central Government, Vice-Chairperson, ex officio;

(c) Secretaries to the Government of India in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel, Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology. Legal Affairs, Public Enterprises, Members, ex officio;

(d) Chief Commissioner, Member, ex officio;

(e) Chairman Railway Board, Member, ex officio;

(f) Director-General of Lab our, Employment and Training, Member, ex officio;

(g) Director, National Council for Educational Research and Training, Member, ex officio;

(h) Three Members of Parliament. of whom two shall be elected by the House of the People and one by the Council of States, Members;

(I) Three persons to be nominated by the Central Government to represent the interests, which in the opinion of that Government ought to be represented, Members;

(j) Directors of the-

(I) National Institute for the Visually Handicapped, Dehradun;

(ii) National Institute for the Mentally Handicapped, Secundrabad;

(iii) National Institute for the Orthopaedically Handicapped, Calcutta;

(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Bombay,

Members, ex officio;

(k) Four Members to be nominated by the Central Government by rotation to represent the States and the Union territories in such manner as may be prescribed by the Central Government:

Provided that no appointment under this clause shall be made except on the recommendation of the State Government or, as the case may be, the Union territory;

(l) Five persons as far as practicable, being persons with disabilities. to represent non-governmental Organizations or associations which are concerned with disabilities, to he nominated by the Central Government, one from each area of disability, Members:

Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

(m) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, Member-Secretary, ex officio.

(3) The office of the Member of the Central Co-ordination Committee shall not disqualify its holder for being chosen as or for being a Member of either House of Parliament.

4. (1) Save as otherwise provided by or under this Act a Member of Central Co-ordination Committee nominated under clause (i) or clause (l) of sub-section (2) of section 3 shall hold office for a term of three years from the date of his nomination:

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 term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated.

(3) The Central Government may if it thinks fit remove any Member nominated under clause (i) or clause (1) of subsection (2) of section 3, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.

(4) A Member nominated under clause (i) or clause (1) of subsection (2) of section 3 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 become vacant.

(5) A casual vacancy in the Central Co-ordination Committee 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 Dominated.

(6) A Member nominated under clause (i) or clause (l) of subsection (2) of section 3 shall be eligible for (7) Members nominated under clause (i) and clause (1) of sub-section (2) of section 3 shall receive such allowances as may, be prescribed by the Central Government.

5. (1) No person shall be a Member of the Central Coordination Committee, 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 in the opinion of the Central Government his position as a Member as to render his continuance in the Central Coordination Committee detrimental to the 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 (6) of section 4, a Member who has been removed under this section shall not be eligible for renomination as a Member.

6. If a Member of the Central Coordination Committee becomes subject to any of the disqualifications specified in section 5, his scat shall become vacant.

7. Lie Central Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.

8. (1) Subject to the provisions of this Act, the function of the Central Coordination Committee shall be to serve as the national focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.

(2) In particular and without prejudice to the generality of the foregoing, the Central Coordination Committee may perform all or any, of the following functions, namely:-

(a) Review and coordinate the activities of all the Departments of Government and other Governmental and non-Govemmental Organizations which are dealing with matters relating to persons with disabilities;

(b) Develop a national policy to address issues faced by, persons with disabilities;

(c) Advise the Central Government on the formulation oil policies, programmes, legislation and projects with respect to disability,

(d) Take up the cause of persons with disabilities with the concerned authorities and the international organizations with a view, to provide for schemes and projects for the disabled in the national plans and other programmes and policies evolved by the international agencies;

(e) Review in consultation with the donor agencies their funding policies from the perspective of their impact on persons with disabilities;

(f) Take such other steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions;

(g) Monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;

(h) To perform such other functions as may be prescribed by the Central Government.

9. (1) The Central Government shall constitute a Committee to be known as the Central Executive Committee to perform the functions assigned to it under this Act.

(2) The Central Executive Committee shall consist of-

(a) The Secretary to the Government of India in the Ministry of Welfare, Chairperson, ex officio;

(b) The Chief Commissioner, Member, ex officio;

(c) The Director-General for Health Services, Member, ex officio;

(d) The Director-General, Employment and Training, Member, ex officio;

(e) Six persons not below the rank of a Joint Secretary to the Government of India, to represent the Ministries or Departments of Rural Development, Education. Welfare, Personnel Public Grievances and Pension and Urban Affairs and Employment, Science and Technology, Members, ex officio;

(f) The Financial Advisor, Ministry of Welfare in the Central Government, Member, ex officio;

(g) Advisor (Tariff) Railway Board, Member, ex officio;

(h) Four members to be nominated by the Central Government, by rotation, to represent the State Governments and the Union territories in such manner as may be prescribed by the Central Government;

(i) One person to be nominated by the Central Government to represent the interest, which in the opinion of the Central Government ought to be represented, Member;

(j) Five persons, as far as practicable, being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to he nominated by the Central Government, one from each area of disability, Members:

Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

(k) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, Member-Secretary, ex officio.

(3) Members nominated under clause (i) and clause (j) of sub-section (2) shall receive such allowances as may be prescribed by the Central Government.

(4) A Member nominated under clause (i) or clause (i) of sub-section (2) may at any time resign his office by writing under his hand addressed to the Central Government and the scat of the said Member shall thereupon become vacant.

10. (1) The Central Executive Committee shall be the executive body of the Central Coordination Committee and shall be responsible for carrying out the decisions of the Central Coordination Committee.

(2) Without prejudice to the provisions of sub-section (1), the Central Executive Committee shall also perform such other functions as may be delegated to it by the Central Coordination Committee.

11. The Central Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.

12. (1) The Central Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the Central Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

(2) A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the Central Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.

(3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the Central Government.

CHAPTER III. THE STATE COORDINATION COMMITTEE

13. (1) Every State Government shall, by notification, constitute a body to be known as the State Coordination Committee to exercise the powers conferred on, and to perform the function assigned to it, under this Act.

(2) the State Coordination Committee shall consist of-

(a) The Minister in-charge of the Department of Social Welfare in the State Government, Chairperson, ex officio;

(b) the Minister of State in-charge of the Department of Social Welfare, if any, Vice-Chairperson, ex officio;

(c) Secretaries to the State Government in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Public Enterprises, by whatever name called, Members, ex officio;

(d) Secretary of any other Department, which the State Government considers necessary, Member, ex officio;

(e) Chairman Bureau of Public Enterprises (by whatever name called) Member, ex officio;

(f) Five persons, as far as practicable, being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members:

Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

(g) Three Members of State Legislature, of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any;

(h) Three persons to be nominated by that State Government to represent agriculture, industry or trade or any other interest, which in the opinion of State Government ought to be represented, Members, ex officio;

(i) The Commissioner, Member, ex officio;

(j) Secretary to the State Government dealing with the welfare of the handicapped, Member-Secretary, ex officio.

(3) Notwithstanding anything contained in this section, no State Coordination Committee shall be constituted for a Union territory and in relation to a Union territory; the Central Coordination Committee shall exercise the functions and perform the functions of a State Coordination Committee for the Union territory:

Provided that in relation to a Union territory. The Central Coordination Committee may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.

14. (1) Save as otherwise provided by or under this Act, a Member of a State Coordination Committee nominated under clause (f) or clause (h) of subsection (2) of section 13 shall hold office for a term of three years from the date of his nomination:

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 term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated.

(3) The State Government may, if it thinks fit, remove any7 Member nominated under clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.

(4) A Member nominated under clause (f) or clause (h) of sub-section (2) of section 13 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.

(5) A casual vacancy in the State Coordination Committee 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.

(6) A Member nominated under clause (f) and clause (h) of sub-section (2) of section 13 shall be eligible for renomination.

(7) Members nominated under clause (f) and clause (h) of sub-section (2) of section13 shall receive such allowances as may he prescribed by the State Government.

15. (1) No pet-son shall he a Member of the State Coordination Committee, 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 Coordination Committee 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 (6) of section 14, a Member who has been removed under this section shall net be eligible for renomination as a Member.

16. If a Member of the State Coordination Committee becomes subject to any of the disqualifications specified in section 15, his seat shall become vacant.

17. The State Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

18. (1) Subject to the provisions of this Act, the function of the State Coordination Committee shall be to serve as the state focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.

(2) In particular and without prejudice to the generality of the foregoing function the State Coordination Committee may, within the State perform all or any of the following functions, namely.-

(a) Review and coordinate the activities of all the Departments of Government and other Governmental and non-Govemmental Organizations which are dealing with matters relating to persons with disabilities.,

(b) Develop a State policy to address issues faced by persons with disabilities;

(c) Advise the State Government on the formulation of policies. Programmes, legislation and projects with respect to disability;

(d) Review, in consultation with the donor agencies, their funding from the perspective of their impact on persons with disabilities;

(e) Take such other steps to ensure barrier free environment in pupil’s places. Work places, public utilities, schools and other institutions;

(f) Monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;

(g) To perform such other functions as may be prescribed by the State Government

19. (1) The State Government shall constitute a committee to be known as the State Executive Committee to perform the functions assigned to it under this Act.

(2) The State Executive Committee shall consist of-

(a) The Secretary, Department of Social Welfare, Chairperson, ex officio;

(b) The Commissioner, Member, ex officio;

(c) Nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of Health, Finance, Rural Development, Education, Welfare, Personnel Public Grievances, Urban Affairs Labor and Employment, Science and Technology, Members, ex officio;

(d) One person to be nominated by the State Government to represent the interest, which in the opinion of the State Government ought to be represented. Member;

(e) Five persons, as far as practicable being persons with disabilities. to represent non-governmental organizations or associations which arc concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members:

Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

(f) Joint Secretary dealing with the disability division in the Department of Welfare, Member-Secretary, ex officio.

(3) Members nominated under clause (d) and clause (e) of sub-section (2) shall receive such allowances as may be prescribed by the State Government.

(4) A Member nominated under clause (d) or clause (e) may at any time resign his office by writing under his hand addressed to the State Government and the scat of the said Member shall thereupon become vacant.

20. (1) The State Executive Committee shall be the executive body of the State Coordination Committee and shall be responsible for carrying out the decisions of the State Coordination Committee.

(2) Without prejudice to the provisions of sub-section (1), the State Executive Committee shall also perform such other functions as may be delegated to it by the State Coordination Committee.

21. The State Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by, the State Government.

22. (1) The State Executive Committee may associate with itself in such manner and for such purposes as may he prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

(2) A person associated with the State Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not he a member for any other purpose.

(3) A person associated wills the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the State Government.

23. In the performance of its functions under this Act,-

(a) The Central Coordination Committee shall be bound by such directions in writing, as the Central Government may give to it; and

(b) The State Coordination Committee shall be bound by such directions in writing, as the Central Coordination Committee or the State, Government may give to it:

Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Coordination Committee, the matter shall be referred to the Central Government for its decision.

24. No act or proceeding of the Central Coordination Committee, the Central Executive Committee, a State Coordination Committee or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

CHAPTER IV PREVENTATION AND EARLY DETECTION OF DISABILITIES

25. Within the limits of their economic capacity and development, the appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall-

(a) Undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;

(b) Promote various methods of 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 centers;

(e) Sponsor or cause to be sponsored awareness campaigns and is disseminated or cause to be disseminated information for general hygiene. Health and sanitation,

(f) Take measures for pre-natal, parental and post-natal care of mother and child;

(g) Educate the public through the pre-schools, schools, primary health Centers, 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;

CHAPTER V EDUCATION

26. The appropriate Governments and the local authorities shall-

(a) Ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;

(b) Endeavor to promote the integration of students with disabilities in the normal schools;

(c) Promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;

(d) Endeavor to equip the special schools for children with disabilities with vocational training facilities.

27. The appropriate Governments and the local authorities shall by notification make schemes for-

(a) Conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;

(b) Conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;

(c) Imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;

(d) Imparting education through open schools or open universities;

(e) Conducting class and discussions through interactive electronic or other media;

(f) Providing every child with disability free of cost special books and equipments needed for his education.

28. The appropriate Governments shall initiate or cause to be initiated research by official and non-governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

29. The appropriate Governments shall set up adequate number of teachers’ training institutions and assist the national institutes and other voluntary organizations to develop teachers’ training programmes specializing in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.

30. Without prejudice to the foregoing provisions, (be appropriate Governments shall by notification prepare a comprehensive education scheme which shall make Provision for-

(a) Transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools.

(b) The removal of architectural barriers from schools. colleges or other institution, imparting vocational and professional training;

(c) The supply of books, uniforms and other materials to children with disabilities attending school.

(d) The grant of scholarship to students with disabilities..

(e) Setting up of appropriate fora for the redressal of grievances of parent, regarding the placement of their children with disabilities;

(f) Suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision;

(g) Restructuring of curriculum for the benefit of children with disabilities;

(h) restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.

31. All educational institutions shall provide or cause to be provided amanuensis to blind students and students with or low vision.

CHAPTER VI EMPLOYMENT

32. Appropriate Governments shall–

(a) Identify posts, in the establishments, which can be reserved for the persons with disability;

(b) At periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.

33. Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent. for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-

(i) Blindness or low vision;

(ii) Bearing impairment;

(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

34. (1) The appropriate Government may, by notification. Require that from such date as May he specified. By notification. The employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for person, with disability that have occurred or are about to occur in that establishment to such Special Employment Exchange as may be prescribed and the establishment shall thereupon comply with such requisition.

(2) The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed.

35. Any person authorized by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possession of any establishment, and may enter at any reasonable time and premises where he believes such record or document to be, and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information.

36. Where in any recruitment year any vacancy under section 33, cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if ;r the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the three categories and only when there is no parson 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 can not be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

37. (1) Every employer shall maintain such record in relation to the person. With disability employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.

(2) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorized in this behalf by general or special order by the appropriate Government.

38. (1) The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for-

(a) The training and welfare of persons with disabilities;

(b) The relaxation of upper age limit;

(c) Regulating the employment;

(d) Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;

(e) The manner in which and the person by whom the cost of operating the schemes is to be defrayed; and

(f) Constituting the authority responsible for the administration of the scheme.

39. All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seat for persons with disabilities.

40. The appropriate Governments and local authorities shall reserve not less than three per cent. in all poverty alleviation schemes for the benefit of persons with disabilities.

41. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent. of their work force is composed of persons with disabilities.

CHAPTER VII AFFIRMATIVE ACTION

42. The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.

43. The appropriate Governments and local authorities shall by notification frame schemes in favor of persons with disabilities, for the preferential allotment of land at concession] rates for-

(a) House;

(b) Setting up business;

(c) Setting up of special recreation centers;

(d) Establishment of special schools;

(e) Establishment of research centers;

(f) Establishment of factories by entrepreneurs with disabilities

CHAPTER VIII NON-DISCRIMINATION

44. Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to-

(a) Adapt rail compartments, buses. Vessels and aircrafts in such a way as to permit easy access to such persons;

(b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.

45. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for-

(a) Installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap;

(b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;

(c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision;

(d) Engraving on the edges of railway platforms for the blind or for persons with low vision;

(e) Devising appropriate symbols of disability;

(f) Warning signals at appropriate places.

46. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for-

(a) Ramps in public buildings;

(b) Braille symbols and auditory signals in elevators or lifts;

(c) Braille symbols and auditory signals in elevators or lifts;

(d) Ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.

47. (1) No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service. Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could 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.

(2) No promotion shall be denied to a person merely on the ground of his disability:

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, as may be specified in such notification, exempt any establishment from the provisions of this section.

CHAPTER IX RESEARCH AND MANPOWER DEVELOPMENT

48. The appropriate Governments and local authorities shall promote and sponsor research, inter alia,, in the following areas-

(a) Prevention of disability;

(b) Rehabilitation including community based rehabilitation;

(c) Development of assistive devices including their psychosocial aspects;

(d) Job identification;

(e) On site modifications in offices and factories.

49. The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and non-governmental research-. units or institutions, for undertaking research for special education. rehabilitation and manpower development.

CHAPTER X. RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES

50. The State Government shall appoint any authority, as it deems fit to be a competent authority for the purposes of this Act.

51. Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority:

Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.

52. (1) Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government.

(2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has cornplied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so 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 to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall he communicated to the applicant in such manner as may be prescribed by the State Government.

(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 maintain such standards as may be prescribed by the State Government.

(4) A certificate of registration granted under this section,-

(a) Shall, unless revoked under section 53, 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 period of validity.

(6) The certificate of registration shall he displayed by the institution in a conspicuous place.

53. (1) the competent authority may, if it has reasonable cause to believe that the

Holder of the certificate of registration granted under sub-section (2) of section 52 has –

(a) Made a statement in relation to any application for the issue of 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:

Provided that no such order shall he made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not be revoked.

(2) Where a certificate 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 54 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 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 her or his 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.

54. (1) Any person aggrieved by the order of the competent authority, refusing to grant a certificate or revoking a certificate may, within such period as may he prescribed by the State Government, prefer an appeal to that Government against such refusal or revocation.

(2) The order of the State Government on such appeal shall he final.

55. Nothing contained in this Chapter shall apply, to an institution for persons with disabilities established or maintained by the Central Government or State Government.

CHAPTER XI. INSTITUTION FOR PERSONS WITH SEVERE DISABILITIES

56. The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit.

(2) Where, the appropriate Government is of opinion that any institution other than an institution. Established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognize such institution as an institution for persons with severe disabilities for the purposes of this Act:

Provided that no institution shall be recognized under this section unless such institution has complied with the requirements of this Act and the rules made there under.

(3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed b), the appropriate Government.

(4) For the purposes of this section “person with severe disability” means a person with eighty per cent. or more of one or more disabilities.

CHAPTER XII THE CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES

57. (1) The Central Government may, by notification appoint a Chief Commissioner for persons with disabilities for the purposes of this Act.

(2) A person shall not be qualified for appointment as the Chief 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 Chief Commissioner shall be such as may be prescribed by the Central Government.

(4) 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 salaries and allowances and other conditions of service of officers and employees provided to the Chief Commissioner shall be such as may be prescribed by the Central Government.

58. The Chief commissioner shall —

(a) Coordinate the work of the Commissioners;

(b) Monitor the utilization of’ funds disbursed by the Central Government;

(c) Take steps to safeguard the rights and facilities made available to Persons with disabilities;

(d) Submit reports to the Central Government on the implementation of the Act at such intervals as that Government may prescribe.

59. Without prejudice to the provisions of section 58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to —

(a) Deprivation of rights of persons with Disabilities.

(b) Non-implementation of laws, rules, byelaws, regulations. Executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights or persons with disabilities. And take up the matter with the appropriate authorities.

60. (1) Every State Government may, by notification appoint a Commissioner for persons with disabilities for the purpose of this Act.

(2) A person shall not be qualified for appointment as a 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 Commissioner shall be such as may he prescribed by the State Government.

(4) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit.

(5) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner.

(6) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may he prescribed by the State Government.

61. The Commissioner within the State shall-

(a) Coordinate with the departments of the State Government for the programmes and schemes, for the benefit of persons with disabilities;

(b) Monitor the utilization of funds disbursed by the State Government;

(c) Take steps to safeguard the rights and facilities made available to persons with disabilities.

(d) Submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.

62. Without prejudice to the provisions of section 61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to—

(a) Deprivation of rights of persons with disabilities;

(b) Non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities, And take up the matter with the appropriate authorities.

63. The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, 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 and Commissioners shall be a judicial proceeding within the meaning directions 193 and 228 of the Indian Penal Code and the Chief Commissioner, the Commissioner, the competent authority, shall be deemed to he a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

64. (1) The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government.

(2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.

65. (1) The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government.

The State Government shall cause the annual report to be laid before each State Legislature along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.

CHAPTER XIII SOCIAL SECURITY

66. (1) The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities.

(2) For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-governmental organizations.

(3) The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-governmental organizations working for the cause of persons with disabilities.

67. (1) The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.

(2) Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.

68. The appropriate Governments shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not he placed in any gainful occupation.

CHAPTER XIV MISCELLANEOUS

69. Whoever fraudulently avails or attempts to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both.

70. The Chief Commissioner, the Commissioners and other officers and staff provided to them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

71. No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made there under.

72. The provisions of this Act, or the rules made there under shall be in addition to, and not in derogation of any other law for the time being in force or any rules, order or any instructions issued there under, enacted or issued for the benefit of persons with disabilities.

73. (1) The appropriate Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) The manner in which a State Government or a Union territory shall be chosen under clause (k) of sub-section (2) of section 3;

(b) Allowances, which members shall receive under subsection (7) of section 4;

(c) Rules of procedure, which the Central Coordination Committee shall observe in regard to the transaction of business in its meetings under section 7;

(d) Such other functions, which the Central Coordination Committee may perform under clause (h) of sub-section (2) of section 8;

(e) The manner in which a State Government or a Union Territory shall be chosen under clause (h) of sub-section (2) of section 9;

(f) The allowances, which the Members shall receive under sub-section (3) of section 9;

(g) Rules of procedure, which the Central Executive Committee shall observe in regard to transaction of business at its meetings under section 11;

(h) The manner and purposes for which a person may be associated under sub-section (I) of section 12;

(i) Fees and allowances which a person associated with the Central Executive Committee shall received under sub-section (3) of section 12;

(j) Allowances which members shall received under sub-section (7) of section 14;

(k) Rules of procedure, which a State Coordination Committee shall observe in regard to transaction of business in its meetings under section 17;

(l) Such other functions, which a State Coordination Committee may perform under clause (g) of sub-section (2) of section 18;

(m) The allowances, which Members shall receive under sub-section (3) of section 19;

(n) Rules of procedure, which a State Executive Committee shall observe in regard to transaction of business at its meetings under section 21;

(o) The manner and purposes for which a person may be associated under sub-section (1) of section 22;

(p) Fees and allowances which a person associated with the State Executive Committee may receive under sub-section (3) of Section 22;

(q) Information or return which the employer in every establishment should furnish and the Special Employment Exchange to which such information or return shall be furnished under sub-section (1) of section 34;

(r) The form and the manner in which record shall be maintained by an employer under sub-section (1) of section 37;

(s) The form and manner in which an application shall be made under sub-section (1) of section 52;

(t) The manner in which an order of refusal shall be communicated under sub-section (2) of section 52;

(u) Facilities or standards required to be provided or maintained under sub-section (3) of section 52;

(v) The period for which a certificate of registration shall be valid under clause (a) of sub-section (4) of section 52;

(w) The form in which and conditions subject to which a certificate of registration shall be granted under clause (c) of sub-section (4) of section 52;

(x) Period within which an appeal shall lie under sub-section (1) of section 54;

(y) The manner in which an institution for persons with severe disabilities shall be maintained and conditions which have to be satisfied under sub-section (3) of section 56;

(z) The salary, allowances and other terms and conditions of service of the Chief Commissioner under sub-section (6) of section 57;

(za) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 57;

(zb) intervals at which the Chief Commissioner shall report to the Central Government under clause (d) of section 58;

(zc) the salary, allowances and other terms and conditions of service of the Commissioner under sub-section (3) of section 60;

(zd) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 60;

(ze) intervals within which the Commissioner shall report to the State Government under clause (d) of section 61;

(zf) the form and time in which annual report shall be prepared under sub-section (1) of section 64;

(zg) the form and time in which annual report shall be prepared under sub-section (1) of section 65;

(zh) any other matter which is required to be or may be prescribed.

(3) Every notification made by the Central Government under die proviso to section 33, proviso to sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1) of section 38. section 42, section 43, section 67, section 68 and every rule made by it under sub-section (1). shall be laid. as soon as may be after it is made, before each House of Parliament, while it is in session for a tow 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, berth Houses agree in making any modification in the rule, notification or scheme, both Houses agree that the rule, notification or scheme should not be

Made, the rule, notification or scheme 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. Notification or scheme, as the case may be.

(4) Every notification made by the State Government under the provison to section 33 proviso to sub-section (2) of section 47, every scheme made by it under section 27, section 30, sub-section (1) of section 38, section 42. section 43, section 67. section 68 and every rule made by it under sub-section (1), shall be laid. as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House before that House.

74. In section 12 of the Legal Services Authorities Act. 1987, for clause (d), the following clause shall he substituted, namely:-

“(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act. 1995.”

K. L. MOHANPURIA

Secy. to the Govt. of India

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The Right to Information Act, 2005 PDF Print E-mail
Tuesday, 23 August 2011 15:05
No. 22 of 2005

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Whereas the Constitution of India has established democratic Republic;

And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;

And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

And whereas it is necessary to harmonize these conflicting interests while preserving the paramountcy of the democratic ideal;

Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—

CHAPTER I

1. Preliminary

  1. This Act may be called the Right to Information Act, 2005.
  2. It extends to the whole of India except the State of Jammu and Kashmir.
  3. The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24 , 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment.

2. In this Act, unless the context otherwise requires,—

  1. “appropriate Government” means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly—
    1. by the Central Government or the Union territory administration, the Central Government;
    2. by the State Government, the State Government;
  2. “Central Information Commission” means the Central Information Commission constituted under sub-section (1) of section 12;
  3. “Central Public Information Officer” means the Central Public Information Officer designated under sub-section (1) and includes a Central Assistant Public Information Officer designated as such under sub-section (2) of section 5;
  4. “Chief Information Commissioner” and “Information Commissioner” mean the Chief Information Commissioner and Information Commissioner appointed under sub-section (3) of section 12;
  5. “competent authority” means—
    1. the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;
    2. the Chief Justice of India in the case of the Supreme Court;
    3. the Chief Justice of the High Court in the case of a High Court;
    4. the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;
    5. the administrator appointed under article 239 of the Constitution;
  6. “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
  7. “prescribed” means prescribed by rules made under this Act by the appropriate Government or the competent authority, as the case may be;
  8. “public authority” means any authority or body or institution of selfgovernment established or constituted—
    1. by or under the Constitution;
    2. by any other law made by Parliament;
    3. by any other law made by State Legislature;
    4. by notification issued or order made by the appropriate Government, and includes any—
      1. body owned, controlled or substantially financed;
      2. non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;
  9. “record” includes—
    1. any document, manuscript and file;
    2. any microfilm, microfiche and facsimile copy of a document;
    3. any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
    4. any other material produced by a computer or any other device;
  10. “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
    1. inspection of work, documents, records;
    2. taking notes, extracts or certified copies of documents or records;
    3. taking certified samples of material;
    4. obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
  11. “State Information Commission” means the State Information Commission constituted under sub-section (1) of section 15;
  12. “State Chief Information Commissioner” and “State Information Commissioner” mean the State Chief Information Commissioner and the State Information Commissioner appointed under sub-section (3) of section 15;
  13. “State Public Information Officer” means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5;
  14. “third party” means a person other than the citizen making a request for information and includes a public authority.

CHAPTER II

Right to information and obligations of public authorities

3. Subject to the provisions of this Act, all citizens shall have the right to information.

4.

  1. Every public authority shall—
    1. maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
    2. publish within one hundred and twenty days from the enactment of this Act, —
      1. the particulars of its organisation, functions and duties;
      2. the powers and duties of its officers and employees;
      3. the procedure followed in the decision making process, including channels of supervision and accountability;
      4. the norms set by it for the discharge of its functions;
      5. the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
      6. a statement of the categories of documents that are held by it or under its control;
      7. the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
      8. a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
      9. a directory of its officers and employees;
      10. the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
      11. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
      12. the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
      13. particulars of recipients of concessions, permits or authorisations granted by it;
      14. details in respect of the information, available to or held by it, reduced in an electronic form;
      15. the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
      16. the names, designations and other particulars of the Public Information Officers;
      17. such other information as may be prescribed and thereafter update these publications every year;
    3. publish all relevant facts while formulating important policies or announcing the decisions which affect public;
    4. provide reasons for its administrative or quasi-judicial decisions to affected persons.
  2. It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.
  3. For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public.
  4. All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed.Explanation.—For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.
    1. Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.
    2. Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.
    3. Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
    4. The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
    5. Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.
    1. A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—
      1. the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
      2. the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her:Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
    2. An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
    3. Where an application is made to a public authority requesting for an information,—
      1. which is held by another public authority; or
      2. the subject matter of which is more closely connected with the functions of another public authority,the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.
    1. Subject to the proviso to sub-section (2) of section 5 or the proviso to subsection (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
    2. If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.
    3. Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving —
      1. the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;
      2. information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.
    4. Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.
    5. Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of subsection (6), pay such fee as may be prescribed:Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government.
    6. Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in subsection (1).
    7. Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under section 11.
    8. Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
      1. the reasons for such rejection;
      2. the period within which an appeal against such rejection may be preferred; and
      3. the particulars of the appellate authority.
    9. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
    1. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
      1. information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
      2. information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
      3. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
      4. information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
      5. information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
      6. information received in confidence from foreign Government;
      7. information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
      8. information which would impede the process of investigation or apprehension or prosecution of offenders;
      9. cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
      10. information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
    2. Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
    3. Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
  5. Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
    1. Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
    2. Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—
      1. that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
      2. the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
      3. the name and designation of the person giving the decision;
      4. the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
      5. his or her rights with respect to review of the decision regarding nondisclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.
    1. Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
    2. Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub-section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
    3. Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub-section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.
    4. A notice given under sub-section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
      CHAPTER IIIThe Central Information Commission
    1. The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
    2. The Central Information Commission shall consist of—
      1. the Chief Information Commissioner; and
      2. such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary.
    3. The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of—
      1. the Prime Minister, who shall be the Chairperson of the committee;
      2. the Leader of Opposition in the Lok Sabha; and
      3. a Union Cabinet Minister to be nominated by the Prime Minister.

      Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition.

    4. The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act.
    5. The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
    6. The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
    7. The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
    1. The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointmentProvided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years
    2. Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner:Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12:Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner.
    3. The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
    4. The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office:Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14.
    5. The salaries and allowances payable to and other terms and conditions of service of —
      1. the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner;
      2. an Information Commissioner shall be the same as that of an Election Commissioner:Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits: Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment.
    6. The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
    1. Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed.
    2. The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.
    3. Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—
      1. is adjudged an insolvent; or
      2. has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
      3. engages during his term of office in any paid employment outside the duties of his office; or
      4. is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
      5. has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.
    4. If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.

      CHAPTER IV

      The State Information Commission

    1. Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ……… (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act
    2. The State Information Commission shall consist of—
      1. the State Chief Information Commissioner, and
      2. such number of State Information Commissioners, not exceeding ten, as may be deemed necessary.
    3. The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of—
      1. the Chief Minister, who shall be the Chairperson of the committee;
      2. the Leader of Opposition in the Legislative Assembly; and
      3. a Cabinet Ministrer to be nominated by the Chief Minister.

      Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition.

    4. The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act.
    5. The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
    6. The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
    7. The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
    1. The State Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment:Provided that no State Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years.
    2. Every State Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such State Information Commissioner:Provided that every State Information Commissioner shall, on vacating his office under this sub-section, be eligible for appointment as the State Chief Information Commissioner in the manner specified in sub-section (3) of section 15:Provided further that where the State Information Commissioner is appointed as the State Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the State Information Commissioner and the State Chief Information Commissioner.
    3. The State Chief Information Commissioner or a State Information Commissioner, shall before he enters upon his office make and subscribe before the Governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule.
    4. The State Chief Information Commissioner or a State Information Commissioner may, at any time, by writing under his hand addressed to the Governor, resign from his office:Provided that the State Chief Information Commissioner or a State Information Commissioner may be removed in the manner specified under section 17.
    5. The salaries and allowances payable to and other terms and conditions of service of—
      1. the State Chief Information Commissioner shall be the same as that of an Election Commissioner;
      2. the State Information Commissioner shall be the same as that of the Chief Secretary to the State Government:Provided that if the State Chief Information Commissioner or a State Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the State Chief Information Commissioner or a State Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity:Provided further that where the State Chief Information Commissioner or a State Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the State Chief Information Commissioner or the State Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits:Provided also that the salaries, allowances and other conditions of service of the State Chief Information Commissioner and the State Information Commissioners shall not be varied to their disadvantage after their appointment.
    6. The State Government shall provide the State Chief Information Commissioner and the State Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
    1. Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be remove
    2. The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of the Supreme Court on such reference.
    3. Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be, —
      1. is adjudged an insolvent; or
      2. has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
      3. engages during his term of office in any paid employment outside the duties of his office; or
      4. is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
      5. has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
    4. If the State Chief Information Commissioner or a State Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of the State or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehavior.

      CHAPTER V

      Powers and functions of the Information Commissions, appeal and penalties

    1. Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—
      1. who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be
      2. who has been refused access to any information requested under this Act;
      3. who has not been given a response to a request for information or access to information within the time limit specified under this Act;
      4. who has been required to pay an amount of fee which he or she considers unreasonable;
      5. who believes that he or she has been given incomplete, misleading or false information under this Act; and
      6. in respect of any other matter relating to requesting or obtaining access to records under this Act.
    2. Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.
    3. The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
      1. summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;
      2. requiring the discovery and inspection of documents;
      3. receiving evidence on affidavit;
      4. requisitioning any public record or copies thereof from any court or office;
      5. issuing summons for examination of witnesses or documents; and
      6. any other matter which may be prescribed.
    4. Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
    1. Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
    2. Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
    3. A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
    4. If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
    5. In any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
    6. An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.
    7. The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
    8. In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
      1. require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—
        1. by providing access to information, if so requested, in a particular form;
        2. by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
        3. by publishing certain information or categories of information;
        4. by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
        5. by enhancing the provision of training on the right to information for its officials;
        6. by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
      2. require the public authority to compensate the complainant for any loss or other detriment suffered;
      3. impose any of the penalties provided under this Act;
      4. reject the application.
    9. The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
    10. The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
    1. Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupeesProvided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.
    2. Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.
      CHAPTER VI. Miscellaneous
  6. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
  7. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act
  8. No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
    1. Nothing contained in this Act shall apply to the intelligence and security organizations specified in the Second Schedule, being organizations established by the Central Government or any information furnished by such organizations to that GovernmentProvided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
    2. The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other intelligence or security organisation established by that Government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule.
    3. Every notification issued under sub-section (2) shall be laid before each House of Parliament.
    4. Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.
    5. Every notification issued under sub-section (4) shall be laid before the State Legislature.
    1. The Central Information Commission or State Information Commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this Act during that year and forward a copy thereof to the appropriate Government.
    2. Each Ministry or Department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the Central Information Commission or State Information Commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section.
    3. Each report shall state in respect of the year to which the report relates,—
      1. the number of requests made to each public authority;
      2. the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked;
      3. the number of appeals referred to the Central Information Commission or State Information Commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals;
      4. particulars of any disciplinary action taken against any officer in respect of the administration of this Act;
      5. the amount of charges collected by each public authority under this Act;
      6. any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act;
      7. recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this Act or other legislation or common law or any other matter relevant for operationalising the right to access information.
    4. The Central Government or the State Government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the Central Information Commission or the State Information Commission, as the case may be, referred to in sub-section (1) to be laid before each House of Parliament or, as the case may be, before each House of the State Legislature, where there are two Houses, and where there is one House of the State Legislature before that House.
    5. If it appears to the Central Information Commission or State Information Commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.
  9. a
    1. The appropriate Government may, to the extent of availability of financial and other resources,—
      1. develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act;
      2. encourage public authorities to participate in the development and organisation of programmes referred to in clause (a) and to undertake such programmes themselves;
      3. promote timely and effective dissemination of accurate information by public authorities about their activities; and
      4. train Central Public Information Officers or State Public Information Officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves.
    2. The appropriate Government shall, within eighteen months from the commencement of this Act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this Act.
    3. The appropriate Government shall, if necessary, update and publish the guidelines referred to in sub-section (2) at regular intervals which shall, in particular and without prejudice to the generality of sub-section (2), include —
      1. the objects of this Act;
      2. the postal and street address, the phone and fax number and, if available, electronic mail address of the Central Public Information Officer or State Public Information Officer, as the case may be, of every public authority appointed under sub-section (1) of section 5;
      3. the manner and the form in which request for access to an information shall be made to a Central Public Information Officer or State Public Information Officer, as the case may be;
      4. the assistance available from and the duties of the Central Public Information Officer or State Public Information Officer, as the case may be, of a public authority under this Act;
      5. the assistance available from the Central Information Commission or State Information Commission, as the case may be;
      6. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;
      7. the provisions providing for the voluntary disclosure of categories of records in accordance with section 4;
      8. the notices regarding fees to be paid in relation to requests for access to an information; and
      9. any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this Act.
    4. The appropriate Government must, if necessary, update and publish the guidelines at regular intervals.
    1. The appropriate Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
    2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
      1. the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
      2. the fee payable under sub-section (1) of section 6;
      3. the fee payable under sub-sections (1) and (5) of section 7;
      4. the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under sub-section (6) of section 13 and sub-section (6) of section 16;
      5. the procedure to be adopted by the Central Information Commission or State Information Commission, as the case may be, in deciding the appeals under sub-section (10) of section 19; and
      6. any other matter which is required to be, or may be, prescribed.
    1. The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act
    2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
      1. the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
      2. the fee payable under sub-section (1) of section 6;
      3. the fee payable under sub-section (1) of section 7; and
      4. any other matter which is required to be, or may be, prescribed.
    1. Every rule made by the Central Government 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.
    2. Every rule made under this Act by a State Government shall be laid, as soon as may be after it is notified, before the State Legislature.
    1. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act
    2. Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
  10. The Freedom of Information Act, 2002 is hereby repealed.THE FIRST SCHEDULE[See sections 13(3) and 16(3)]Form of oath or affirmation to be made by the Chief Information Commissioner/the Information Commissioner/the State Chief Information Commissioner/the State Information Commissioner

    “I, …………………, having been appointed Chief Information Commissioner/Information Commissioner/State Chief Information Commissioner/State Information Commissioner swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”.

    THE SECOND SCHEDULE

    (See section 24)

    Intelligence and security organisation established by the Central Government

    1. Intelligence Bureau.
    2. Research and Analysis Wing of the Cabinet Secretariat.
    3. Directorate of Revenue Intelligence.
    4. Central Economic Intelligence Bureau.
    5. Directorate of Enforcement.
    6. Narcotics Control Bureau.
    7. Aviation Research Centre.
    8. Special Frontier Force.
    9. Border Security Force.
    10. Central Reserve Police Force.
    11. Indo-Tibetan Border Police.
    12. Central Industrial Security Force.
    13. National Security Guards.
    14. Assam Rifles.
    15. Special Service Bureau.
    16. Special Branch (CID), Andaman and Nicobar.
    17. The Crime Branch-C.I.D.- CB, Dadra and Nagar Haveli.
    18. Special Branch, Lakshadweep Police.

National Rural Employment Guarantee Act PDF Print E-mail
Tuesday, 23 August 2011 10:26
NREGA: National Rural Employment Guarantee Act

Presence of PWDs from planning to implementation:

The State Employment Guarantee Council should at least have one member from an agency working towards the rights of the disabled. Some recommendations in this regard include Secretary/Commissioner (Disabilities), Department of Social Welfare of the State or representatives of NGOs working on the issue.
Among the Staff appointed in all levels to implement the State Employment Guarantee Scheme, 3% quota for the Persons with disabilities should be implemented as per PWD Act 1995.

Registration and wages

Each adult with disabilities should be considered as a separate household regardless of whether he/she has a family or not.
Persons with Disabilities should be provided with wages that are Time Based – and not Task Based (Also specified in ILO convention).

Designing of works

Appropriate Areas of Work and Tasks should be designed and assigned to the persons with disabilities, keeping in mind the abilities, qualification, degree / category / nature of disability[1].
The projects should be designed in consultation with organizations for and of persons with disabilities

Special Technical Professional Assistants should be appointed to identify and design works to different persons with different kinds of disability.

Undertake the Land Development works of Persons with disabilities on the analogy of SC, ST lands under NREGA.

Crèche supervisor post should preferably go to Women with Disabilities.

Ear-marking of 3% of the REGS funds for employing persons with disabilities.This is based on the Persons with Disabilities Act 1995, which states that “the appropriate Governments and local authorities shall reserve not less than three per cent in all poverty alleviation schemes for the benefit of persons with disabilities.”

Work should be assigned to Persons with Disabilities as close to their residence as possible. In case of work provided beyond 5 kilometres, appropriate transport facilities should be provided to Persons with Disabilities.

Work environment

Ensure accessible toilet facilities and barrier free environment for worker in general. Special facilities for disabled men and women at the workplace should be ensured.

Appropriate guidelines against all forms of discrimination should be issued by the State governments in relation to persons with disabilities

Capacity building of staff

Special trainings of staff in order to orient them towards the challenges and needs of the PWDs
Information dissemination

Information about Persons with Disabilities both on the record as well as virtual should be made mandatory in all monitoring report of work generated under APREGS.
Communication Material should be made accessible to Persons with Disabilities through translation in “brail” language
Social Audit, Vigilance committee, Central and state data to include information about Persons with disabilities also.

Guidelines under Section 35 (I) of RTE Act PDF Print E-mail

Guidelines under Section 35 (1) of the Right of Children To Free and Compulsory Education (RTE) Act, 2009 for Implementation of Clause (c) of Sections 8 and 9 of the RTE Act

Clause (c) of sections 8 and 9 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 casts a duty on the appropriate Government and local authority to ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any ground. In order to enable State Governments and school managements to fulfill their responsibilities for creating a non-discriminatory school environment, following guidelines are issued for implementation of clause (c) of section 8 and 9 of the RTE Act:

1. Every school referred to in clause (n) of section 2 of the RTE Act shall take appropriate measures to:

  1. a) Safeguard the interests of the child belonging to weaker section and disadvantaged group.

  2. b) Eliminate discrimination or harassment of a child belonging to disadvantaged group or weaker section in schools by prohibiting it and by providing for preventive and protective measures to facilitate its eradication.

  3. c) promote equality for children belonging to weaker section and disadvantaged group.

2. A school shall not discriminate a child belonging to the weaker section or disadvantaged group, allow or condone any constituent of the school to discriminate such a child or a group of such children, and take the following measures, namely:-

  1. (a) The school shall not discriminate against a child belonging to weaker section and disadvantaged group in admission or-

  1. (i) by breach of the policy of reservation in admissions as may be applicable;

  2. (ii) in the way in which an application is processed;

  3. (iii) by denying or limiting access to any benefit arising from such enrolment provided by the school;

  4. (iv) by treating unfavorably in any way in connection with the child’s enrolment to a specific standard of class or area of study, training or instruction.

  1. (b) The school shall prohibit all persons and authorities of the school from harassing or victimizing any child belong to weaker section and disadvantaged group

  1. (i) by announcing, verbally or otherwise, in the class, the names of the community or castes or tribes of the students;

  2. (ii) by labeling such students as reserved category in the class;

  3. (iii) by passing derogatory remarks indicating social, economic or other background as reason of under-performance in the class;

  4. (iv) by allotting differential time to such students to meet teacher as compared to other students;

  5. (v) by treating them separately in utilizing the sports and other facilities.

  1. (c) The school shall ensure that no child belonging to weaker section or disadvantaged group is discriminated against by segregating such children from others in playground or canteen or any provision of Mid Day Meal, or any other amenities provided by the school including toilets and drinking water facilities, and ensure that –

  1. (i) regular activities of such children are not disrupted or disturbed by any of its decision;

  2. (ii) such children do not experience financial extortion or forceful expenditure;

  3. (iii) all such children are allowed to participate in cultural programmes, sports events, and other activities organized by the school;

3. The school shall prescribe the procedures and mechanism to deal with and decide any complaint or discrimination made or submitted by any child belonging to the weaker section or the disadvantaged group, and it shall be obligatory on the part of the school to decide such complaints within a maximum period of 60 days from the date of receipt or submission of such complaint.

4. The schools shall take steps to engage with the educational fraternity, the community and the public at large, and raise public awareness on the importance of equality and overcoming discrimination and harassment against children belonging to weaker section and disadvantaged group in schools. The school shall make public all measures taken by it for elimination of discrimination against and harassment of children belonging to weaker section and disadvantaged group.

The State Government and local authorities are being requested to take appropriate steps for ensuring that all schools adhere to the aforementioned Guidelines for preventing discrimination in schools in respect of children belonging to weaker section and disadvantaged groups.

Source: Press Information Bureau, Government of India

Right to Education Act PDF Print E-mail
  • Right of Children to Free and Compulsory Education Act 2009
  • Right of Children to Free and Compulsory Education Act (Amendment) 2012

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