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PWD Act 1995 - Miscellaneous

69. Punishment for fraudulently availing any benefit meant for persons with disabilities - 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. Chief Commissioner, Commissioners, officers and other staff to be public servants - The Chief Commissioner, Commissioners, officers and other staff provided to them shall be deemed to be public servants within the meaning of Sec.21 of the Indian Penal Code (45 of 1860)
71. Protection of action taken in good faith - 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 thereunder.
72. Act to be addition to and not in derogation of any other law - The provisions of this Act, or the rules made thereunder shall be in addition to, and not in derogation of any other law for the time being in force or any rules, orders or any instructions issued thereunder, enacted or issued for the benefit of the persons with disabilities.
73. Power of appropriate Government to make rules -
    1. The appropriate Government may, by notification, make rules for carrying out the provisions of the 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:-
       1. the manner in which a State Government or a Union territory shall be chosen under Cl.(k) of sub-section (2) of Sec. 3;
       2. allowances which members shall receive under sub-section(7) of Sec.4;
       3. rules of procedure which the Central Co-ordination Committee shall observe in regard to the transaction of business in its meetings under Sec. 7;
       4. such other functions which the Central Co-ordination Committee shall may perform under Cl.(h) of sub-section(2) of Sec. 8;
       5. the manner in which a State Government or a Union territory shall be chosen under Cl.(h) of sub-section (2) of Sec. 9;
       6. allowances which members shall receive under sub-section(3) of Sec.9;
       7. rules of procedure which the Central Executive Committee shall observe in regard to the transaction of business in its meetings under Sec. 11;
       8. the manner and purposes for which a person may be associated under sub-section(1) of Sec. 12;
       9. fees and allowances which aperson associated with the Central Executive Committee shall receive under sub-section(3) of Sec. 12;
       10. allowances which members shall receive under sub-section(7) of Sec.14;
       11. rules of procedure which the State Co-ordination Committee shall observe in regard to the transaction of business in its meetings under Sec. 17;
       12. such other functions which the State Co-ordination Committee shall may perform under Cl.(g) of sub-section(2) of Sec. 18;
       13. allowances which members shall receive under sub-section(3) of Sec.19;
       14. rules of procedure which the State Executive Committee shall observe in regard to the transaction of business in its meetings under Sec. 21;
       15. the manner and purposes for which a person may be associated under sub-section(1) of Sec. 22;
       16. fees and allowances which a person associated with the State Executive Committee shall receive under sub-section(3) of Sec. 22;
       17. 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 Sec.34;
       18. the form and manner in which record shall be maintained by an employer under sub-section(1) of Sec. 37;
       19. the form and manner in which an application shall be made under sub-section(1) of Sec. 52;
       20. the manner in which an order of refusal shall be communicated under sub-section(2) of Sec. 52;
       21. facilities or standards required to be provided or maintained under sub-section(3) of Sec. 52;
       22. the period for which a certificate of registration shall be valid under Cl. (a) of sub-section (4) of Sec. 52;
       23. the form in which a certificate of registration shall be granted under Cl. (c) of sub-section (4) of Sec. 52;
       24. period within which an appeal shall lie under sub-section (1) of Sec.54;
       25. 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 Sec. 56;
       26. the salary, allowances and other terms and conditions of service of the Chief Commissioner under sub-section(3) of Sec.57;
           1. the salary, allowances and other terms and conditions of service of officers and employees under sub-section (6) of Sec.57;
           2. intervals at which the Chief Commissioner shall report to the Central Government under Cl. (d) of Sec.58;
           3. the salary, allowances and other terms and conditions of service of the Commissioner under sub-section(3) of Sec.60;
           4. the salary, allowances and other terms and conditions of service of officers and employees under sub-section (6) of Sec.60;
           5. intervals within which the Commissioner shall report to the State Government under Cl. (d) of Sec.61;
           6. the form and time in which annual report shall be prepared under sub-section(1) of Sec.64;
           7. the form and time in which annual report shall be prepared under sub-section(1) of Sec.65;
           8. any other matter which is required to be or may be prescribed.
    3. Every notification made by the Central Government under the proviso to Sec.33 proviso to sub-section(2) of Sec.47, every scheme framed by it under Sec.27, Sec.30, sub-section (1) of Sec.38, Sec.42, Sec.43, Sec.67, Sec.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 total period of thirty days which may be comprised in one session or in two or more sucessive sessions, and if, before the expiry of the session immediately following the session or the sucessive sessions aforesaid, both Houses agree in making any modification in the rule, notification or scheme, or 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 done 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 Central Government under the proviso to Sec.33 proviso to sub-section(2) of Sec.47, every scheme framed by it under Sec.27, Sec.30, sub-section (1) of Sec.38, Sec.42, Sec.43, Sec.67, Sec.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. Amendment of Act 39 of 1987 - In Sec.12 of the Legal Services Authorities Act, 1987, for Cl.(d), the following clause shall be substituted, namely:-
    "(d) a person with disability as defined in Cl. (i) of Sec.2 of the Persons with Disabilities ((Equal Opportunities, Protection of Rights and Full Participation) Act, 1995)"

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