Notification-Amendment of WB-PWD Rules for Certification
Notification :
No. 9835-SW/1A-14/97Part-I.-27th December, 2011.- In exercise of the power conferred by sub-sections (1) and (2) of section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), the Governor is pleased hereby to make the following amendments in the West Bengal Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1999 (hereinafter referred to as the said rules):-
Amendments
In these rules unless the context otherwise requires, -
"Act" means the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);
"certificate" or "disability certificate" means a certificate issued in pursuance of clause (t) of section 2 of the Act;
"Form" means a Form appended to these rules;
"multiple disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Act;
"year" means the Financial Year commencing on the1st day of April.
Words and expressions used, but not defined in these rules, shall have the same meanings respectively assigned to them in the Act.";
for the sub-heading “Guidelines for evaluation and assessment of various disabilities”, substitute the following sub-heading:- “Disability Certificate and Identity Card.”;
for rules 3, 4, 5 and 6, substitute the following rules:-
Every Primary Health Centre, Block Primary Health Centre, State General Hospital, Rural Hospital, Sub-Divisional Hospital or the District Hospital run by the State Government or any hospital run by a Statutory body or authority, shall be the medical authority for the purposes of the Act.
Every Officer-in-Charge or Medical Head of the Institution, by whatever name it is called, of the concerned medical authority mentioned in sub-rule (1) shall be authorized to sign the disability certificate on behalf of that medical authority.
A person with disability desirous of getting a certificate in his favour shall submit an application in Form V, along with the-
proof of residence, and
two recent passport size photographs.
The application under sub-rule (1) shall be submitted to –
a medical authority competent to issue such a certificate in the district of the applicant’s residence as mentioned in the proof of residence submitted by him with the application, or
the concerned medical authority, where he may be undergoing or may have undergone treatment in connection with his disability:
Provided that where a person with disability is a minor or suffering from mental retardation or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his parents or legal guardian.
On receipt of an application under rule 4, the medical authority shall, after satisfying himself that the applicant is a person with disability as defined in sub-clause (t) of section 2 of the Act, issue a disability certificate in his favour in Form VI, Form VII or Form VIII, as the case may be.
The certificate shall be issued by the medical authority as soon as practicable, normally within a week but in any case, within thirty days from the date of receipt of the application.
The medical authority shall, after due examination –
give a permanent disability certificate in cases, where there are no
chances of variation, over time, in the degree of disability, and
shall indicate the period of validity in the certificate, in cases where
there is any chance of variation, over time, in the degree of disability.
If an applicant is found ineligible for issue of disability certificate, the medical authority shall explain to him the reasons for rejection of his application, and shall also intimate the reasons to him in writing in Form IX.
A certificate issued under this rule shall render a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Government and of Non-Governmental Organizations funded by the Government, subject such conditions as may be specified in relevant schemes or instructions of Government, as the case may be.
Any person aggrieved by the nature of a certificate issued to him, or by refusal to issue such a certificate in his favour, as the case may be, may represent his case against such a decision to the Appellate Medical Board constituted under sub-rule (1) of rule 7:
Provided that where a person with disability is a minor or suffering from mental retardation or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his parents or legal guardian.
The application for review shall be accompanied by a copy of the certificate or letter of rejection being appealed against.
On receipt of an application for review, the Appellate Medical Board shall, after giving the appellant an opportunity of being heard, pass such orders on it as it may deemed fit and appropriate.
Every application for review shall be disposed by the Appellate Medical Board as soon as practicable, normally within fifteen days but in any case, within thirty days from the date of receipt of the application.
Each person with disabilities shall be entitled to receive an ‘Identity Card’ to be issued by appropriate authority.
In Kolkata, such appropriate authority shall be the competent authority declared under the Act or the Director, Social Welfare/Commissioner for Persons with Disabilities or his equivalent or any officer authorized by the competent authority authorized by him, as the case may be.
In the Districts, such appropriate authority shall be the District Social Welfare Officer or the District Programme Officer/Child Development Project Officer”.
in rule 7, omit sub-rule (7);
after Form IV, insert the following Forms:-
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