The Rights of Persons with Disabilities Act, 2016 came into force on 27^th December 2016 to give effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Section 100 of the said Act enables the Central Government, subject to the condition of previous publication, by notification, make rules for carrying out the provisions of this Act. In pursuance of the said power, the Central Government, by notification, made the Rights of Persons with Disabilities Rules, 2017. Rule 41 of the said rules provides for a governing body to manage the National Fund constituted under section 86 of the Rights of Persons Act.

In this context, it is pertinent to note what section 86 of the Act talks about: –

Section 86 provides for National Fund for persons with disabilities. It says that-  

(1) There shall be constituted a Fund to be called the National Fund for persons with disabilities and there shall be credited thereto—

• all sums available under the Fund for people with disabilities and the Trust Fund for Empowerment of Persons with Disabilities, constituted under the Charitable Endowment Act, 1890
• all sums payable by banks, corporations, financial institutions in pursuance of judgment dated the 16^th April, 2004 of the Hon’ble Supreme Court in Civil Appeal Nos. 4655 and 5218 of 2000 (Indian Banks’ Association v.  M/S Devkala Consultancy Service)
• all sums received by way of grant, gifts, donations, benefactions, bequests or transfers;
• all sums received from the Central Government including grants-in-aid;
• all sums from such other sources as may be decided by the Central Government.

(2) The Fund for persons with disabilities shall be utilised and managed in such manner as may be prescribed.

Now, in pursuance of Rule 41, Central Government has appointed/nominated, as the case maybe, the following persons as members of the governing body: –

1. Under Rule 41(1)(a), the Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment as the Chairman.
2. Under Rule 41(1)(b), the Chairperson, Board of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as a member.
3. Under Rule 41(1)(c), the Financial Advisor, Ministry of Social Justice and Empowerment as a member.
4. Under Rule 41(1)(d), Joint Secretary, Department of Financial Services, Ministry of Finance as a member.
5. Under Rule 41(1)(d), Joint Secretary, Ministry of Health and Family Welfare as a member.
6. Under Rule 41(1)(e), two persons representing different types of disabilities who are to be nominated by the Central Government-
7. Sh. Vennapoosa Sreenivasulu Reddy, D.No 6-53, Sandu Bavi Street, near Devatha Mahal, Nadimur, Vinjamur, SPSR Nellore – 524228 Andhra Pradesh (representing chronic neurological conditions) as a member
8. Sh. Amit Sharma, H.No 119, Sector 11, Chandigarh (representing intellectual disability)  as a member
9. Under Rule 41(1)(f), Joint Secretary, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment as a Convenor and Chief Executive Officer.

Rule 41 makes it clear that the governing body shall meet as often as possible, but at least once in every financial year. It also provides that the nominated members shall hold the office for not more than 3 years and that no member of the governing body shall be a beneficiary of the fund during the period such member holds office. Further, Rule 41(6) provides that no person shall be nominated as a member of the governing body if he –

• (a) is, or has been, convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
• (b) is, or at any time has been, adjudicated as an insolvent.

Sources:

1. Rights of Persons with Disabilities Act, 2016
2. MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, Department of Empowerment of Persons with Disabilities (Divyangjan), notification dated 13th October, 2017
3. Rights of Persons With Disabilities Rules, 2017

– Esha Shah, Paralegal