West Bengal Persons with Disabilities
(Equal Opportunities, Protection of Rights and
Full Participation) Rules, 1999.
These rules may be called the West Bengal Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1999. They spell the general guidance for evaluation and assessment of various disabilities issued by the union government.
|Authorities to give disability certificate
|(1)||A disability certificate shall be issued by a medical Board which shall consist of not less than two members out of which one shall act as the chairperson and another shall be a specialist for assessment on the particular kind of disability, as the case may be.|
|(2)||However, for grant of a disability certificate in favour of a person suffering from multiple disability, such certificate shall not be granted unless the same is signed by a specialist in each filed of disability the applicant is suffering from.|
|(3)||The superintendents of all government medical college hospitals, of all district hospitals, of all sub-divisional hospitals, and the block medical officer of health or his equivalent at the block level shall act as the chairpersons of such medical boards and shall include as another member of the boards such specialist government doctor as may be required. In case of non-availability of such a specialist doctor at any level, the CMOH of the district concerned shall arrange to depute a specialist(s) as may be required to the place where such non-availability has occurred.|
|(4)||Each medical board as referred to sub-rule (3) shall sit at least twice a week so as to ensure that the persons with disability get the maximum possible benefit and advantage.|
|(1)||The medical board shall, after the examination, give a permanent disability certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability.|
|(2)||The medical board shall indicate the period of validity in the certificate, in cases where there is any chance of variation in the degree of disability. |
|(3)||No refusal of disability certificate shall be made unless an opportunity is given to the applicant of being heard.|
|(4)||On representation by the applicant, the medical board may review its decision having regard to all the facts and circumstances of the case and pass such order in the matter as it thinks fit.|
|(1)||Each person with disability shall be entitled to receive an identity card to be issued by appropriate authority-|
(a) In Kolkata such appropriate authority shall be the competent authority declared under the act, or the director, social welfare or his equivalent or an officer authorized by him, as the case may be.
(b) In the districts, such appropriate authority shall by the district social welfare officer or the district programme officer.
|(2)||The identity card shall be issued to a person with disability on the basis of the disability Certificate issued by a Medical Board.|
|(3)||Such identity and disability certificate referred to in sub-rule (2) shall entitle a person with disability to receive facilities, concessions and benefits admissible under the schemes of the government or non-government organizations.|
|(4)||Production of the identity card duly issued in favour of a person with disability shall alone entitle him/her to claim railway concessions / facilities, similar concessions in the case of tram, bus or other modes of transport owned by government / government undertaking or corporation / private organizations without having to furnish any other certificate from any other authority.|
|(5)||An identity card once issued shall remain valid for a period of ten years with effect from the date of issue and shall have to be renewed within six months.|
|(1)||The state government shall appoint an appellate medical board (Hereinafter referred to as the Board) to adjudicate any dispute under the act or any dispute regarding the percentage of any disability as certified by a medical authority.|
|(2)||The Board shall consist of the following members to be nominated by the state government :|
(a) A retired member of the West Bengal Higher Judicial Service who shall by the Chairman of the Board; and
(b) Two retired members of the West Bengal Medical Education Service, of the West Bengal Health Service, in the rank of joint secretary to the Government of West Bengal.
|(3)||A member of the Board shall hold office for a period of two years from the date of constitution of the Board.|
|(4)||The members of the Board shall be entitled to such sitting fee, travelling allowance and daily allowance as the state government may, by order determine from time to time.|
|(5)||A member of the Board may, on the expiry of the term of his office as such member, be renominated to the Board.|
|(6)||The Board shall regulate its own procedure for the transaction of business of the Board.|
|(7)||Every dispute shall be finally decided by the Board within a period of three months from the date of filling an application of adjudication thereof.|
|Recognition of institutions for persons with disabilities or severe disabilities
|The form of application|
| ||Every application of a certificate of registration shall be made in Form-IV|
|Order refusing to give grant certificate|
| ||The competent authority may, after giving the applicant reasonable opportunity of being heard, make an order refusing to grant a certificate. Such order will contain specific reasons for refusal to grant such a certificate and shall be communicated to the applicant through registered post.|
|Validity of Certificate of Registration|
| ||A certificate of registration granted under section 52 shall, unless revoked under section 53, remain in force for a period of three years.|
| ||A person aggrieved by the order of the competent authority refusing to grant a certificate or revoking a certificate may, within a period of thirty days, prefer an appeal to that government against such refusal or revocation; provided that the said government may entertain an appeal after the expiry of the said period of thirty days. If it is satisfied that there was sufficient cause for not filling it within that period.|