No.21013/1/2004-Estt.(Allowances)
Dated:
March 23, 2006
OFFICE
MEMORANDUM
Subject:- Grant
of Children Education Allowance, Re-imbursement of Tuition Fee & Hostel
Subsidy to Central Government Employees - Issue of revised consolidated
orders.
The
undersigned is directed to say that the orders relating to grant
of concessions under the scheme of Children Education Allowance,
Re-imbursement of Tuition Fee & Hostel Subsidy to Central Government
Employees are contained in Central Civil Services (Educational Assistance)
Orders, 1988 issued vide this Department’s O.M. No.21011/21/88-Estt.(Allowances)
dated17.10.1988. Subsequently clarifications/ modifications were
issued vide OMs No.12011/4/88-Estt.(Allowances) dated31.05.1989,
No.12011/2/83-Estt. (Allow) dated 27.12.89, No.21011/2/86-Estt.(Allow)dated
3.8.1990,No.12013/1/90- Estt.(Allow) dated 8.5.1992 and No.21017/1/97-Estt.(Allow)
dated
12.6.1998.
The Department of Administrative Reforms & P.G. conducted a Study
in regard to the problems being faced by various Ministries/Departments
in regulation of the claims of Children Educational Assistance of
the Physically Handicapped/Mentally Retarded children and had made
certain recommendations. After careful examination, these recommendations
were accepted by the Government.
2.The
need for consolidating/updating the orders mentioned in para 1 above
and incorporating the accepted recommendations of the Department
of Administrative Reforms & Public Grievances has been felt.
Accordingly, the President is pleased to decide that in supersession
of all the existing orders on the subject, grant of above concessions
will be governed by the Central Civil Educational Assistance Orders
2006 attached as Annexure-I.
3.In
so far as persons serving in the Indian Audit and Accounts Department
are concerned, these orders are being issued after consultation with
the Comptroller and Auditor General of India.
4.Hindi
version will follow.
(S.
MEENAKSHISUNDARAM)
DEPUTY SECRETARY TO THE GOVT. OF INDIA
ANNEXURE
-I
CENTRAL
CIVIL SERVICES (EDUCATIONAL ASSISTANCE)
ORDERS,
2006.
1.Short
title and com
mencement
(i)These
orders may be called the Central Civil Services
(Educational
Assistance) Orders, 2006.
(ii)They
shall come into force w.e.f. the first day of the month of issue
of the orders.
2.Application
(i)These
orders shall apply to Govt. servants including State Govt. servants
on deputation to the Central Govt. and industrial employees directly
working under Govt. whose pay is debitable to civil estimates including
civilians paid from Defence estimates but shall not apply to-
(a)
Railway servants,
(b)Persons
in casual or daily rated or ad-hoc part- time employment,
(c)Persons
paid from contingencies,
(d)Persons
employed on contract except where the contract provided otherwise,
and
(e)Persons
posted in Indian Embassies/Missions abroad and receiving educational
assistance under the Indian Foreign service (Pay, Leave, Compensatory
Allowances and other conditions of service) Rules, 1961 as amended
from time to time.
(ii)These
orders shall also apply to Govt. servants on deputation to State
Governments or on foreign service, provided necessary provisionin
regard to the drawl of educational assistance under these orders
from such State Govt. or foreign employers is expressly made in the
terms of deputation or foreign service.
3.
Definitions
In
these orders, unless the context otherwise require:-
(a)‘Child’ means
a child of a Govt. servant and includes a step-child and an adopted
child, who is wholly dependent on the Govt. servant,
(b)‘Government’ means
the Central Govt.
‘Head
of Office’ means a gazetted officer declared as such under
rule 4 of the Delegation of Financial Power Rules,
1978
and includes such other authority or person whom the competent authority
may, by order, specify as Head of office;
(d)‘Higher
Secondary or Senior Secondary Classes’ mean classes XI and
XII and include classes upto the equivalent of XII class under the
10+2+3 scheme like Pre-university class or the first year class of
an Intermediate College, a technical College, or a polytechnic provided
the child has passed the Secondary or equivalent but not the Higher
Secondary Examination before joining such class.
(e)"Physically/mentally
handicapped means a person having a minimum Disability of 40% and
as elaborated in Ministry of Welfare’s Notification No.16-18/97-NI.I
dated1.6.2001 (Annexure-II).
(f)‘Primary
classes’ mean classes I to V but does not include kindergarten
or nursery classes’.
(g)‘Recognized
School’ means a Government school or any educational institution
whether in receipt of Govt. aid or not, recognized by the Central
or State Govt. or Union Territory Administration or by a University
or a recognized educational authority having jurisdiction over the
area where the institution is situated. Forthe purpose of these orders
education upto the senior level shall be treated as school education;
(h)‘Secondary
classes’ mean classes VI to X.
(i)Tuition
Fee means tuition fee payable and actually paid, includes-
(i)
Science fee,
(ii)
Laboratory fee, in case science fee is not separately charged
(iii)
Special fee charged for agriculture as an elective additional subject
and,
(iv)
Any fee charged for subjects like music which are taught as part
of the regular school curriculum or subject requiring practical work
under the programme of work experience.
(v)
A fee paid for the use of any aid or appliance child. Provided that
if tuitionfee charged from a Science student is higher than that
charged from a non-science student, science fee, though separately
charged, shall not be included in tuition fee for the purposes of
these orders.
Explanation
‘Tuition
fee’ does not, however, include-
(i)Domestic
science fund charges,
(ii)Library
fee,
(iii)
Games fee,
(iv)
Admission fee, and
(v)
Extra-curricular activity fee.
GENERAL
CONDITIONS
4.
Eligibility: - Subject to the provisions contained in paras 11 to
24 of these orders all Govt. servants without any pay limit shall
be eligible to draw children’s educational allowance, reimbursement
of tuition fee and Hostel subsidy.
Provided
that the assistance will be admissible only if the children of the
Government servant study in a recognized school.
5.(i)In
case both wife and husband are Govt. servants and are governed by
the provisions of these orders the children’s educational allowance
or reimbursement of tuition fee or hostel subsidy as the case may
be shall be admissible to one of them only.
(ii)In
case the wife or husband of a Govt. servant is employed outside the
Central Government the Govt. servant shall be eligible to draw the
allowance or reimbursement of Hostel subsidy under these orders,
only if his/her spouse is not entitled to the benefitof any such
allowance or reimbursement of subsidy from his/her employer and a
declaration of that effect shall be obtained from the Govt. servant.
6.(i)The
children’s educational allowance or the reimbursement of tuition
feesor hostel subsidy shall be admissible to a Govt. servant while
he/she is on duty or is under suspension or is on leave (including
extra ordinary leave).
Provided
that during any period which is treated as ‘dies non’ the
Govt. servant shall not be eligible for the Allowance/ reimbursement/subsidy
for the period.
(ii)If
a Govt. servant ceases to be in service by reason of retirement,
resignation, discharge, dismissal or removal from service in the
course of an academic year, the allowance or reimbursement of tuition
feeor hostel subsidy shall be admissible till the end of the academic
year in which the event takes place*.
(iii)If
a Govt. servant dies while in service, the Children Educational Assistance
or reimbursement of tuition fees or hostel subsidy shall be admissible
in respect of his/her children subject to observance of other conditions
for its grant provided the wife/husband of the deceased is not employed
in service of the Central Govt. State Government,
Autonomous
Body, PSU, Semi-Government Organisation such as Municipality, Porttrust
Authority or any other Organisation partly or fully funded by the
Central Govt./State Govts *.
(iv)The
provisions under Sub Rule (iii) of Rule 6 shall not be applicable
in cases covered by the provisions of Ministry of Personnel, Public
Grievances and Pensions (Deptt. of P&PW) OM No.33/5/89-P&PW(K)
dt. 9.4.90 relating to liberalize pensionary awards .
Note:-
If a Govt. servant ceases to be in service by reason of retirement
resignation, discharge or death in the course of an academic year
the payment shall be made by the office in which the Govt. servant
worked prior to these events and will be regulated under the procedure
laid down in Para 25-28 of these consolidated orders.
7.(i)Children’s
educational allowance, reimbursement of tuition fee or hostel subsidy
shall be admissible only in respect of children between the age limits
of 5 to 20 years. A Govt. servant shall not be eligible to draws
children’s educational allowance, reimbursement of tuition
fee or hostel subsidy for a child for more than two academic years
in the same class.
(ii)Physically/mentally
handicapped children will be eligible for the benefits between the
age limits 5 to 22 years and for more than two academic years in
the same class subject to the upper age limit of 22 years.
Explanation
Children
Educational Allowance, Reimbursement of tuition fee and Hostel subsidy
shall be admissible in respect of the child upto the end of the academic
session even if he completes 20**/22 years, as the case may be, during
that currency of the academic session.
8.
Assistance as per these orders/instructions shall be admissible to
the Government servant in respect of not more than 3 children at
any time born upto 31.12.87 and shall be restricted to two children
at any time born thereafter. However, if the number of children exceeds
two as a result of second child birth resulting in twins or multiple
births, assistance shall be admissible to all the children.
9.
The children’s educational allowance, reimbursement of tuition
fee or hostel subsidy, as the case may be, shall be admissible to
a Govt. servant in respect of a child only if the child attends the
school regularly.
Provided
that no such allowance, reimbursement or subsidy be admissible in
any case where the period of absence from the school without proper
leave exceeds one month notwithstanding that the name of the child
remains on the rolls of the school.
10.
The children’s educational allowance, reimbursement of tuition
fee, or hostel subsidy, as the case may be, shall be admissible to
a Govt. servant in respect of his children regardless of the fact
that any scholarship is received provided that if any fee concession
is awarded, reimbursement of tuition fee/hostel subsidy shall be
admissible only to the extent of fees actually paid.
Children’s
Educational Allowance
11.(i)A
Government servant is eligible to draw children’s educational
allowance when he is compelled to send his child to a school away
from the station at which he is posted and/or residing owing to the
absence of a school of the requisite standard at that station.
(ii)For
the purpose of this order, the following schools shall not be deemed
to be schools of the requisite standard;
(a)In
so far as an Anglo Indian child is concerned, a school not run by
the Anglo Indian community or a school not affiliated to the Council
for Indian School Certificate Examination of the Indian Council of
Secondary Education.
(b)A
school run by a body of certain religious persuasion which the child
is prevented by the tenets of his religious persuasion from attending
due to religious instructions being compulsorily imparted in such
a school; and
(c)A
School where teaching is conducted in a language different from the
language of the child.
Explanation
I The language of the child will be the medium of instructions in
the school where the child was getting education earlier and in the
case of a child admitted in a school for the first time the mother
tongue of the child by birth or by adoption.
Explanation
II The admissibility of children’s education allowance will
have to be determined with reference to the standard of the school,
viz, Primary, Secondary or Higher Secondary or Senior Secondary and
the medium of instruction and the language of the child and not to
the absence ofany particular subject in a particular institution.
Explanation
III Notwithstanding clause 11(i) of these orders Children Educational
Allowance shall be admissible to a Government servant who on transfer
from one station to another, is compelled to keep his child/children
studying in the final year of the Secondary/Higher Secondary/Senior
Secondary classes at the old station for Board Examination in the
interest of continuity of studies*.
(d)In
so far as physically/mentally retarded child is concerned, if a recognized
or approved or aided school or institution equippedto impart education
or instruction to a physically/mentally handicapped child is not
available at a particular place, the parent of that child will be
eligible to get the children’s educational allowance.
12.The
allowance shall be admissible to a Govt. servant at a station where
there is no school of the requisite standard only if the nearest
school of such standard is so situated that there is no convenient
train or bus service to take the child from his residence near the
time of the opening of the school and bring him back not too long
after the school is closed for the day and the journey by such train/bus
service takes more than an hour.
13.If
a Government servant is transferred from a station where there is
no school of the requisite standard to a station where there is such
a school and if he was in receipt of the allowance at the former
station in respect of any child, he shall continue to remain eligible
for such allowance as long as the child continues to study in the
same school*.
14.If
a child of a Government servant is denied admission to a school of
the ‘requisite standard’ at the station at which the
Government servant is posted and/or residing because of there being
no vacancy, or for any other reasons, and the child is, compelled
to attend a school away from the Govt. servant’s place of posting
and/or residence, the Govt. servant shall be entitled to the allowance
as if there were no school of the requisite standard at that station.
Explanation-
The availability of a vacancy in a school shall be determined with
reference to the position existing at the time of the admission of
the child in the school, whether it be at the start or in the middle
of the session, in consultation with competent educational authorities
of the area and not on the basis of the certificate of the school
authorities.
15.A
Government servant in receipt of the allowance shall continue to
be eligible to draw such allowance during any period, not exceeding
four months.
(i)When
he may go and stay with the child in respect of whom the allowance
is drawn while on leave or during suspension or temporary transfer;
(ii)When
the child may come to live with the Govt. servant provided it is
certified by a registered medical practitioner that the child is
forced to remain away from studies due to illness; and
(iii)When
the child may come to live with the Govt. servant during vacation,
provided the child continues to be on the rolls of the school.
16.
The allowance shall be admissible to a Govt. servant at the following
rates:-
Primary,
Secondary Higher and Senior Secondary classes(I to XII) |
Rs.100/-
per month per child |
17.
(i) The Allowance shall be admissible to a Govt. servant throughout
the year notwithstanding that no tuition fee is paid during the vacation.
(ii)
In the case of a child who is successful at the final secondary/higher
secondary/senior secondary examination, the allowance shall be admissible
to the Govt. servant upto the end of the month in which the examination
is completed or upto the end of the month upto which the school fees
are charged, whichever is later.
(iii)
In the case of a child who fails in the final secondary/higher secondary/senior
secondary examination, but resumes his studies, the allowance shall
be admissible to the Govt. servant for the period of vacation intervening
provided that fees are paid for the period of vacation.
Reimbursement
of Tuition Fee
18.
A Govt. servant shall be eligible to the reimbursement of tuition
fee payable and actually paid in respect of his child provided that
no children educational allowance under these orders is admissible
to him.
19.(i)
The tuition fee payable
and actually
paid by a Govt. servant in respect of his child may be reimbursed,
subject to the following limits.
| (a) |
Class
I to X |
Rs.
40/- p.m. per child |
| (b) |
Class
XI to XII |
Rs.50/-p.m.
per child |
| (c) |
Classes
I to XII in respect of Physically handicapped and Mentally retarded
children |
Rs.100/-p.m.
per child |
Note*:- ‘Science
fee’ if chargedse
paratelyuptothelimitof
Rs. 10/- p.m. will be reimbursable in addition to the tuition fee
in respect of children studying in classes IX to XII & offering
science subjects.
20.
Reimbursement of tuition fee charged by a college run by a University
affiliated to a University for pre-university/first year class of
an Intermediate College or of a Technical College or first year class
of polytechnic for a correspondence course shall however, be reimbursed
subject to the rates prescribed in para 19 of these orders.
"In
cases where minimum qualifications for admission in the two years
Diploma course in Polytechnics in 10th Class of the revised pattern
of education and the student joins the polytechnic after passing
X class of the revised pattern of education, the reimbursement of
tuition fees shall also be allowed for the 1st and
2nd
year classes of the above course:"
21.Tuition
fee payable and paid in respect of a physically handicapped or mentally
retarded child of a Govt. servant shall be reimbursed even if the
institution in which the child is studying is not recognized by the
Central/State Govt. or Union Territory Administration subject to
the limits mentioned in para 19 .
(i)
The tuition fee payable andpaid by the parent of a mentally retarded
child be reimbursed even if the child is undergoing non-formal education
or vocational training or other similar instructions.
(ii)
As long as a physically/mentally handicapped child studies in any
institution i.e. aided or approved by the Central/State Govt. or
UT Administration or whose fees are approved by any of these authorities,
the tuition fee paid by the Govt. servant shall be reimbursed irrespective
of the fact whether the institution is ‘recognized’ or
not.
HOSTEL
SUBSIDY
22.A
Government servant shall be eligible to the grant of subsidy at the
rate of Rs.300/- p.m. per child*if because of his transfer he is
obliged to keep his children in the hostel of a residential school
away from the station at which he is posted and/or is residing.
However,
if the date of admission to the Hostel is earlier than the date of
transfer, and if such admission is made in anticipation of the transfer,
the hostel subsidy may be made from the effective date of transfer.
23.
The hostel subsidy shall be payable upto 10 plus 2 stage in states
and Union Territories, where the pattern of 10 plus 2 plus 3 has
been adopted and upto Higher Secondary and Senior Secondary stage
in other States and UT irrespective of the fact that the children
study in a Kendriya Vidyalaya or any other recognized school.
24.
The Hostel subsidy shall not be admissible in respect of a child
for whom children’s educational allowance is drawn by a Govt.
servant.
PROCEDURE
FOR PAYMENT OF CHILDREN’S EDUCATIONALALLOWANCE, REIMBURSEMENT
OF TUITION FEES AND HOSTELSUBSIDY
25.
A Govt. servant claiming children’s educational allowance,
reimbursement of tuition fees or hostel subsidy shall furnish a certificate
in the prescribed form 1,2 &3 as the case may be to the Head
of office at the time ofpreferring his initial claim and thereafter
in the months of March and July every year. Where the Government
servant is himself the Head of the Office, he shall furnish the certificate
to the next higher authority.
26.
The Head of Office in regard to officers working in his office and
the next higher authority in regard to the Head of Office shall,
after making such enquiry as may be considered necessary, issue a
certificate indicating the amount of allowance admissible to the
Govt. servant on the basis of which the allowance shall be drawn
by the drawing and disbursing officer.
Provided
that in the case of children’s educational allowance it shall
be permissible for the allowance being drawn on provisional basis,
pending verification as above, for short periods not exceeding three
months subject to an undertaking being obtained from the Govt. servant
that it, as a result of verification, it is established that a school
of the requisite standard does exist at a station of posting/residence
or near such station as referred to in para 12, he shall refund the
allowance paid to him.
Provided
further that the Head of Office or the next higher authority, as
the case may be, may at his discretion, make enquiry at periodic
intervals regarding admissibility of assistance under these orders.
27.
The drawing and disbursing officer shall certify on the pay bill
that the certificates mentioned in order 26 in respect of the Govt.
servants covered by the pay bill have been obtained.
28.
A Government servant transfer
red
from one station to another shall furnish a fresh certificate at
the new station in case he continues to be eligible to draw children’s
educational allowance or hostel subsidy.
FORM – I
CHILDREN
EDUCATIONAL ALLOWANCE
1.
Certified that my child/children mentioned below in respect of whom
children’s educational allowance is claimed is/are wholly dependent
upon me and I am compelled to send my child/children away from the
place of my posting/residence due to non-availability of the school
of the requisitestandard at the station of my posting/residence or
due to non-availability of a vacancy in such a school at the station
of my posting/residence.
| Name
of the child |
Date
of birth |
School/
College
in which studying location thereof and residen- ce of the child |
The
place where the Govt. servant is residing |
Class
in which the child is studyi ng |
Monthly
education- al allowance admissible |
Amount
of allowance claimedfor the periods from July,200… to
Feb. 200… March
200….
to
June,
200… |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
| 1 |
|
|
|
|
|
|
| 2 |
|
|
|
|
|
|
| 3 |
|
|
|
|
|
|
2.
Certified that my child/children in respect of whom children’s
educational allowance is claimed is/are studying in the schools mentioned
in Column (I) which is/are recognized schools (s)
(Not
applicable to schools run by Central Govt./State Govt./Union Territory
Administration, Municipal Corporation/Municipal Committee/Panchayat
Samiti/Zilla Parishad).
3.
Certified that;
i)mywife/husbandis/is
not a Central Government servant
ii)my
wife/husband is a Central Govt. servant and that she/he will not
claim children’s educational allowance in respect of our child/children.
iii)My
wife/husband is employed with ___________she/he is/is not entitled
to children’s educational allowance in respect of our child/children.
4.
Certified that during the period covered by the claim the child/children
attended the school regularly and did not absent himself/herself/themselves
from the school without proper leave for a period exceeding one month.
5.
Certified that the child/children has/have been not studying in the
same class for more than two academic years.
6.
In the event of any change in the particulars given above which affect
my eligibility for children’s educational allowance. I undertake
to intimate the same promptly and also to refund excess payments,
if any made.
Date
_________
(Signature
of the Govt. servant) Name in block letters _________________ Designation & Office
_________________Place of Posting _________ (Strike out whatever
is not applicable)
FORM-2 REIMBURSEMENT
OF TUITION FEE
1. Certified
that my child/children mentioned below in respect of whom reimbursement
of tuitionfee is claimed is/are wholly dependent upon me:
| Name
of the ChildDate of birth
School in
which studying
Class
in which studyingMonthly Tution fee actually payable
Tution fee actually paid from July, 200 to Feb,200March,200 to June,200 |
Account
of reimburse ment claimed |
| 123456 |
7 |
| 1 |
|
| 2 |
|
| 3 |
|
2.
Certified that the tuition fees indicated against the child/each
of the children had actually been paid by me (cash receipt/counter-
foil of the Bank credit vouchers to be attached with the initially
claim)3. Certified that;i)my wife/husband is/isnot a Central Government
servantii)my wife/husband is a Central Govt. servant and that she/he
will not claim reimbursement of tuition fee in respect of our child/children.iii)my
wife/husband is employed with ___________she/he is/is not entitled
to reimbursement of tuition fee in respect of our child/children.4.
Certified that during the period covered by the claim the child/children
attended the school(s) regularly and did not absent himself/herself/themselves
from the school(s) without proper leave for a period exceeding one
month.5. Certified that the child/children has/have been not studying
in the same class for more than two years.6. Certified that I or
my wife/husband have/has not claimed and will not claim the children’s
educational allowance in respect of the children mentioned above.7.
Certified that my child/children in respect of whom reimbursement
of tuition fee is claimed is/are studying in the schools which is/are
recognizedschools (s) (Not applicable to schools run by Central Govt./State
Govt./Union Territory Administration/ Municipal Corporation/ Municipal
Committee/PanchayatSamiti/ZillaParishad).8. In the event of any change
in the particulars given above which affect my eligibility for reimbursement
of Tuition Fees. I undertake to intimate the same promptly and also
to refund excess payments, if any made.
(Signature
of the Govt. servant)
Name
in block letters _________________ Designation & Office _________________Date
_________Place of Posting ____________ (Strike out whatever is not
applicable)
FORM-3HOSTEL
SUBSIDY
Certified
that my child Shri/Kumari ……………………………………………………..studying
in …………………………………………was
admitted to hostel of the School on ………………200……………(Certificate
from the Head of the School attached)Certified that(a)my wife/husband
is/is not in Govt. service is/is not drawing Hostel Subsidy in respect
of my child/children.(b)the total number of children in respect of
whom the hostel subsidy and children’s educational allowance
has been claimed does not exceed the number as provided in the orders.3.
I undertake to inform my employer forthwith in the event of my withdrawing
the child from the Hostel and also about any change in the particulars
mentioned earlier.(Signature of the Govt. servant)Dated………… Name
in block letters _________________ Designation & Office _________________
FORM-4 HOSTEL
SUBSIDY…………………………………………………….School(Name
of the School and Place)
Name of
boarder…………………………………………………………….Name
of Parent ………………………………………Class
to which admitted…………………………………Date
of admission in the hostel ……………………………………………Period
during the year for which theChild would continue to stay in thehostel …………………………………………………………………………….FromTo(a)
(b)
(d)
Dated………………….Principal/Head
Master/Head Mistress (Stamp of the School)
Annexure-IIEXTRACTS
OF THE NOTIFICATIONMINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NOTIFICATION
Dated:
June, 12001
Subject:-
Guidelinesforevaluation of variousdisabilities and procedure for
certification.No.16-18/97-NI.IInorder to review the guidelines for
evaluation of various disabilities and procedure for certification
as given in the Ministry of Welfare’s O.M.No.4-2/83-HW.III,
dated the6th August, 1986 and to recommend appropriate modifications/alterations
keeping in view the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995, Government
of India in Ministry of Social Justice and Empowerment, vide Order
No. 16-18/97-NI.I, dated28.8.98, set up four committees under the
Chairmanship of Director General of Health Services-one each in the
area of mental retardation, Locomotor/Orthopaedic disability, Visual
disability and Speech & Hearing disability. Subsequently, another
Committee was also constitutedon 21.7.1999 for evaluation, assessment
of multiple disabilities and categorization and extent of disability
and procedure for certification.2. After having considered the reports
of these committees the undersigned is directed to convey the approval
of the President to notify the guidelines for evaluation of following
disabilities and procedure for certification:-Visual impairment
Locomotor / Orthopaedic disability
Speech & hearing disability
Mental retardation
Copy of the Report is enclosed herewith as Annexure *.3. The minimum degree
of disability should be 40% in order to be eligible for any concessions/benefits.4.
According to the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Rules, 1996 notified by the Central Government
in exercise of the powers conferred by sub- section (1) and (2) of section
73 of the Persons with Disabilities(Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995 (1of 1996), authorities to give disability
Certificate will be a Medical Board duly constituted by the Central and the
State Government. The State government may constitute a Medical Board consisting
of at least three members out of which at least one shall be a specialist in
the particular field for assessing locomotor/Visual including low vision/hearing
and speech disability, mental retardation and leprosy cured, as the case may
be.5. Specified test as indicated in Annexure * should be conducted by the
medical board and recorded before a certificate is given.6. The certificate
would be valid for a period of five years for those whose disability is temporary
and are below the age 18 years. For those who acquire permanent disability,
the validity can be shown as ‘Permanent’.7. The State Govts./UT
Admn. may constitute the medical boards indicated in para 4 above immediately,
if not done so far.8.The Director General of Health Services, Ministry of Health
and Family Welfare will be the final authority, should there arise any controversy/doubt
regarding the interpretation of the definitions/classifications/evaluations
tests etc.
(GAURI
CHATTERJI)
Joint Secretary to the Government of India