IndiaRights of Persons with Disabilities Act, 2016, Service Providers' Duty to Follow the Accessibility Rules, and Penalties
Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016), ss. 40, 46 and 89
In force since .
An accessibility requirements rule binding public and private bodies.
- Instrument type
- an act of a legislature
As of .
What it requires
- If you provide services, whether as a Government or a private service provider, provide them in accordance with the accessibility rules the Central Government has formulated under section 40, within two years from the date of notification of those rules (s. 46).
- The Central Government may, in consultation with the Chief Commissioner, extend the time for certain categories of services (s. 46 proviso).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 89 prescribes a fine for a contravention and no term of imprisonment. Under section 90, where an offence under the Act has been committed by a company, the company and every person in charge of and responsible to it for the conduct of its business are deemed guilty and liable to be proceeded against, unless that person proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent it.
Penalty structure
Section 89 sets a fine that may extend to ten thousand rupees for a first contravention, and for any subsequent contravention a fine of not less than fifty thousand rupees that may extend to five lakh rupees; the cap shown is the maximum for a subsequent contravention. Section 89 applies to a contravention of the Act or of a rule made under it.
- Rule
- Fixed only
- As of
- Currency
- INR
- Fixed cap
- 500,000
What this law does
Section 46 requires service providers, whether Government or private, to provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within two years from the date of notification of those rules. The Central Government may, in consultation with the Chief Commissioner, extend the time for providing certain categories of services in accordance with the rules.
In its judgment of the Supreme Court noted that section 46 gives service providers two years to comply with the accessibility rules and that the timelines in these provisions have long passed. Section 40 requires the Central Government to formulate rules laying down the standards of accessibility for information and communications, including appropriate technologies and systems, and other facilities and services provided to the public.
A person who contravenes any provision of the Act or of a rule made under it is punishable for a first contravention with a fine that may extend to ten thousand rupees. For any subsequent contravention the fine is not less than fifty thousand rupees and may extend to five lakh rupees. Where a company commits an offence under the Act, every person in charge of and responsible to the company for the conduct of its business, as well as the company, is deemed to be guilty of the offence.
That person is not liable if the person proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent it. The Act came into force on , the day the Central Government appointed by notification.
When LexLint raises it
When your app profile says your app ships a consumer interface.