Law / India

Rights of Persons with Disabilities Rules, 2017, Rule 3(1) and (4), Establishment Not to Discriminate on the Ground of Disability

Rights of Persons with Disabilities Rules, 2017, rule 3(1) and (4)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: https://upload.indiacode.nic.in/showfile?actid=AC_CEN_25_54_00002_201649_1517807328299&type=rule&filename=Rules_notified_15.06.pdf

In force since .

A disability discrimination rule binding public and private bodies.

Instrument type
a regulation made under an act

As of .

What it requires

  • If you head an establishment, ensure that section 3(3) of the Act, under which no person with disability may be discriminated against on the ground of disability unless the act or omission is a proportionate means of achieving a legitimate aim, is not misused to deny any right or benefit to persons with disabilities covered under the Act (rule 3(1)).
  • Do not compel a person with disability to pay, partly or fully, the costs incurred for reasonable accommodation (rule 3(4)).

These lines are LexLint's reading of the law's text, as of .

If you get it wrong

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

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Rule 3(1) provides that the head of the establishment shall ensure that the provision of sub-section (3) of section 3 of the Act are not misused to deny any right or benefit to persons with disabilities covered under the Act. Section 3(3) of the Act provides that no person with disability shall be discriminated on the ground of disability unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.

The Act defines discrimination in relation to disability to include denial of reasonable accommodation. Rule 3(4) provides that no establishment shall compel a person with disability to partly or fully pay the costs incurred for reasonable accommodation. Section 2(i) of the Act provides that establishment includes a Government establishment and private establishment.

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