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Chapter-11 Protection and Enforcement of the Rights of, and Responsibility towards, the Persons with Disabilities

 

  1. Application may be made for the enforcement of rights: (1) If any person violates such right of a person with disability or does not fulfil such responsibility towards the person with disability as set forth in this Act, the person with disability himself or herself or any of his or her family members or his or her guardian may make an application to the Chief District Officer of the concerned district for the enforcement or fulfilment of such right or responsibility.

                        (2) If an application is received pursuant to sub-section (1), the Chief District Officer shall inquire into the concerned person or body and make necessary inquiry thereinto within seven days.

(3) If, in making inquiry pursuant to sub-section (2), it appears that any person has violated the rights of a person with disability or has not performed the responsibility towards the person with disability, the Chief District Officer shall give order to the concerned person to enforce the right of the person with disability or perform the responsibility towards the person with disability.

(4) If, in making inquiry pursuant to sub-section (2) it appears that anybody or institution has not enforced the right of a person with disability or has not performed the responsibility towards the person with disability, the Chief District Officer shall make a request to the concerned body or institution for the enforcement of the right of a person with disability or performance of the responsibility towards the person with disability.

(5) If a request is received pursuant to sub-section (4), the concerned body or institution shall make provisions for the enforcement of the right of a person with disability or performance of the responsibility towards the person with disability.

(6) In making the enforcement of the right of a person with disability or performance of the responsibility towards the person with disability pursuant to this Section, the Chief District Officer may give necessary suggestion, warning or order to the family member or guardian of the person with disability.

(7) A person who is not satisfied with the order given by the Chief District Officer pursuant to sub-section (3) or (6) may make an appeal to the concerned High Court within thirty-five days.

  1. Application may be made to the District Court for enforcement of rights: (1) Notwithstanding anything contained in Section 51, a person with disability, his or her family member or guardian may make an application directly to the District Court of the district where the person with disability is residing, for the enforcement of the right of the person with disability or for the performance of the responsibility towards that person.

                        (2) If an application is made pursuant to sub-section (1), the District Court shall make necessary enquiry into that matter and may issue appropriate order to the concerned person or body in relation to the enforcement of the rights of the person with disability or for the performance of the responsibility towards the person with disability.

(3) If, in making inquiry into the application received pursuant to sub-section (1), it appears that any family member or guardian has violated the right of the person with disability or has not performed the responsibility towards the person with disability, the Court shall provide necessary information to such family member or guardian about the rights of the person with disability and the responsibility towards such person, and cause such a member or guardian to make commitment  to refrain from violating the rights of the person with disability or to perform the responsibility towards him or her.

(4) In issuing an order pursuant to sub-section (2), the District Court may warn the person, the chief of institution or body that violates the rights of a person with disability or does not  perform the responsibility towards the person with disability or impose punishment pursuant to Section 55 and order the recovery of reasonable compensation from him or her.