Application of other laws not barred.
110. The provisions of this Act shall be in addition to and not in derogation of, the provisions of any other law for the time being in force.
Protection of action taken in good faith
111. No suit, prosecution or other legal proceeding shall lie against the appropriate Government or any officer of the appropriate Government or any officer or employee of the National Commission or State Commission for anything which is in good faith done or intended to be done under this Act or the rules or regulations made there under.
Power to remove difficulties
112.(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 or give such directions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid as soon as may be, after it is made, before each House of Parliament.
Power to amend Schedule
113.(1) On the recommendations made by the appropriate Government or otherwise, if the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule and any such notification being issued, the Schedule shall be deemed to have been amended accordingly.
(2) Every such notification shall, as soon as possible after it is issued, shall be laid before each House of Parliament.
Power of Central Government to make rules
114. (1) The Central Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the manner of constituting the ethics committee under sub-section (2) of section 5;
(b) the manner of notifying the equal opportunity policy under sub-section (1) of section 20;
(c) the form and manner of maintaining records by every establishment under sub-sections (1) of section 21;
(d) the manner of maintenance of register of complaints by grievance redressal officer under sub-section ( 3) of section 22;
(e) the manner of furnishing information and return by establishment to the Special Employment Exchange under section 35;
(f) the composition of the Assessment Board under sub-section (2) and manner of assessment to be made by the assessment board under sub-section (3) of section 37;
(g) the manner of application for issuance of certificate of disability under sub-section (1) and form of certificate of disability under sub-section (2) of section 57;
(h) the allowances to be paid to nominated Members of Central Advisory Board under sub-section (6) of section 60;
(i) the rules of procedure for transaction of business in the meetings of Central Advisory Board under section 63;
(j) the salaries and allowances and other conditions of services of chairpersons and Members of National Commission under section 78;
(k) the salaries and allowances and conditions of services of officers and staff of National Commission under sub-section (3) of section 81;
(l) the form, manner and content of annual report to be prepared and submitted by National Commission under sub-section (3) of section 85;
(m) the procedure, manner of utilization and management of the fund under sub-section (2) of 100; and
(n) the form for preparation of accounts of fund under sub-section(1) of section 101;
(3) Every rule made 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.
Powers of State Government to make rules
115.(1) The State Government may, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) the manner of constituting the ethics committee under sub-section (2) of section 5;
(b) the form and manner of making an application for certificate of registration under sub-section (1) of section 50;
(c) the facilities to be provided and standards to be met by institution for grant of certificate of registration under sub-section (3) of section 50;
(d) the validity of certificate of registration, the form of and conditions attached to certificate of registration under sub-section (4) of section 50;
(e) the period of disposal of application for certificate of registration under sub-section (7) of section 50;
(f) the period within which an appeal to be made under sub-section (1) section 52;
(g) the time and manner of appealing against the order of certifying authority under sub-section (1) and manner of disposal of such appeal under sub-section (2) of section 58;
(h) the allowances to be paid to nominated members of State
Advisory Board under sub-section (6) of section 66; (i) the rules of procedure for transaction of business in the meetings of State Advisory Board under section 69;
(j) the composition, and functions of district level committee under section 71;
(o) salaries, allowances and other conditions of services of Chairpersons and Members of State Commission under Section 91;
(p) the salaries, allowances and conditions of services of officers and staff of State Commission under sub-section (3) of section 94;
(q) the form, manner and content of annual and special reports to be prepared and submitted by State Commission under sub-section (3) of section 96; and
(r) the fee or remuneration to be paid to the special public prosecutor under sub-section (2) of section 99;
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.
Power of National Commission to make regulations
116.(1) The National Commission may, with the previous approval of the Central Government and after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) standards for accessibility under section 39; and
(b) the rules of procedure for transaction of business under section 80.
(3) Every regulation made 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.
Powers of State Commission to make regulations
117.(1) The State Commission may, with the previous approval of the Central Government and after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act:
Provided that where any regulation has already been issued in any such matter by the National Commission, such regulations shall prevail over the regulations of the State Commission pertaining to the said matter.
(2) In particular, and without prejudice to the generality of the foregoing power, the State Commission shall make regulations relating to the rules of procedure for transaction of business under section 93.
(3) Every regulation made by the State Commission under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such State Legislature consists of one House, before that House.
Repeal and saving
118.(1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 is hereby repealed. (Remarks : 1 of 1996)
(2) Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, anything done or any action taken under the said Act shall be deemed to be have been done or taken under the corresponding provisions of this Act.
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