MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT (Department of Empowerment of Persons with Disabilities) NOTIFICATION New Delhi, the 16th October, 2024
G.S.R. 649(E).—Whereas a draft of certain rules further to amend the Rights of Persons with Disabilities Rules, 2017, were published, as mandated by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), vide G.S.R. 455(E), dated the 29th July, 2024 in the Official Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (i), inviting objections and suggestions from the public and persons likely to be affected thereby, before exiry of thirty days from date on which the copies of the Official Gazette containing the said notification was made available to the public;
And whereas, the copies of the Official Gazette in which the said notification were made available to the public on 29th July, 2024; And whereas, the objections and suggestions received from the public were considered by the Central Government; Now, therefore, in exercise of powers conferred by sub-sections (1) and (2) of section 100 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Central Government hereby makes the following rules further to amend the Rights of Persons with Disabilities Rules, 2017, namely:- (1) These rules may be called the Rights of Persons with Disabilities (Amendment) Rules, 2024. (2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Rights of Persons with Disabilities Rules, 2017 (hereinafter referred to as the said rules), for rule 17 the following rule shall be substituted, namely:- “17. Application for disability certificate and UDID Card.- (1) Any person with specified disability may apply in Form -IV for a disability certificate/ Unique Disability Identity (UDID) Card and submit the application through UDID Portal to: (a) a medical authority or any other notified competent medical authority to issue such a certificate in the district of residence of the applicant as mentioned in the proof of residence in the application; or (b) the concerned medical authority in a hospital 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 intellectual disability 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 legal guardian or by any organisation registered under the Act having the minor under its care. (2) The application shall be accompanied by - (a) proof of identity; (b) a recent photograph not older than six months; (c) proof of residence; (d) aadhaar number or aadhaar enrolment number. Note: if an Aadhaar Card is submitted as proof of identity, no additional documents will be required for address proof in case Aadhaar has the same residential address” In the said rules, for rule 18, the following rule shall be substituted, namely:- “18 Issue of disability certificate/ UDID Card.- (1) On receipt of an application under rule 17, the medical authority or any other notified competent medical authority shall verify the information as provided by the applicant and shall assess the disability in terms of the relevant guidelines issued by the Central Government and after satisfying himself that the applicant is a person with disability, issue a disability certificate in Form-V and Form-VI and one of the three types of colour-coded UDID card in form VII in his favour , as the case may be. One of the three types of colourcoded UDID Card shall be issued based on the severity of the disability- a. White Band Card: When the disability percentage of a Person with Disability is below forty percent. b. Yellow Band Card: When the disability percentage of a Person with Disability is forty percent or above but below eighty percent. c. Blue Band Card: When the disability percentage of a Person with Disability is eighty percent or above.
The medical authority shall issue the Disability certificate and UDID card within three months, in case any disability is diagnosed. (3) In case, due to any reason not attributable to concerned Medical authority, no decision is taken by the Medical authority on the application of the applicant for a period above two years, such application shall be made inactive, and the applicant needs to apply afresh on portal, or approach the medical authority to re-activate the pending application. (4) The medical authority shall, after due examination- (i) issue a permanent Disability certificate/UDID card in cases where there are no chances of improvement over time in the degree of disability; or (ii) issue a certificate of disability/UDID Card indicating the period of validity, in cases where there is any chance of improvement over time in the degree of disability. (5) If an applicant is found ineligible for issuance of certificate of disability/UDID Card after assessment by Specialist or Medical Board or as the case may be, the medical authority shall convey the reasons to him in Form-VIII through online platform within a period of one month from the date of such rejection. The aggrieved applicant may file appeal within ninety days of such rejection, using the mechanism prescribed under Section-59 (1) of the Rights of Persons with Disabilities Act, 2016.
The State Government and Union territory Administration shall ensure that the certificate of disability/UDID Card is granted through online platform as notified by the Central Government. [(F.No. P-13013/50/2024-UDID/IT/STATISTICS] RAJEEV SHARMA, Jt. Secy. Note:- The Rights of Persons with Disabilities Rules, 2017 were published in the Gazette of India, Extraordinary, Part-II, section-3, sub-section (i) vide notification number G.S.R. 591 (E), dated the 15th June, 2017 and was last amended vide G.S.R. 361 (E), dated the 2nd July, 2024.
https://depwd.gov.in/the-rights-of-persons-with-disabilities-amendment-rules-2024/
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