In
the Court of State Commissioner for Persons with Disabilities
National Capital
Territory of Delhi
25-
D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case
No.1010/1093/2019/07/5506-5518 Dated:18.09.2019
In
the matter of:
Dr.
Alok Kumar Bhuwan,
Managing Secretary,
Manovikas Institute for Higher Education,
60-A, Radhey Puri Extention–I,
Swami Dayanand Marg,
Near Jagatpuri Crossing, Delhi-110051. …………..Complainant
Versus
The
Director,
Department of Social Welfare,
GLNS Complex,
New Delhi-110002. ..................Respondent
ORDER
The
above named complainant filed a complaint dated 27.06.2019 under the Rights of
Persons with Disabilities, Act 2016, hereinafter referred to as the Act and
submitted that he applied twice for renewal of registration certificate of the
society on 07.11.2017 and 12.03.2019 respectively and even after regular
follow-ups with the Department of Social Welfare, his application for renewal
of registration certificate is still pending. Due to unavailability of
registration certificate, Manovikas Charitable Society has been unable to apply
for any further grants and the significant number of persons with disabilities
are deprived to avail the opportunities of services due to such delay.
2. The complaint was taken up with the
respondent vide Show Cause Notice dated 11.07.2019 followed by reminder dated
23.08.2019.
3. The respondent vide their letter dated
05.09.2019 submitted as under:-
“1.The
complainant Dr. Alok Kumar Bhuwan, Managing Secretary, Manovikas Institute for Higher Education had
applied for the first time for renewal of registration certificate under the
Rights of Persons with Disabilities Act, 2016 on 07.11.2017. At that time the Delhi Rules was not notified
under the new Rights of Persons with Disabilities Act, 2016. Hence process of renewal of certificate of
the said NGO was not initiated by this branch.
2. The Delhi Rights of Persons with Disabilities
Rules, 2018 was notified on 27th December, 2018 and wide publicity
was given through flashing advertisement in leading newspapers and on
department website drawing attention to NGOs/Voluntary Organisations to apply
for registration under the new Rights of Persons with Disabilities Act, 2016.
3.
The said NGO applied for seeking registration under the new Rights of Persons
with Disabilities Act, 2016 on 12.03.2019 and the file of the NGO was sent to
the concerned District Officer, East on 29.03.2019 for inspection and
verification of the NGO for issuing registration certificate under the RPwD Act,
2016.
4.
The file of the said NGO was received from the District Officer, East on
05.04.2019, however, the file was returned back to the concerned District
Officer, East on 09.04.2019 to carry out inspection of the said NGO with at
least one Gazetted Officer in the team as per guidelines.
5. The file of the said NGO was received in this
branch on 12.07.2019 from the concerned District Officer, East recommending the
case fit for issuing registration Certificate under the RPwD Act, 2016.
6.
In the meantime file was sent o the Law Department, GNCTD for seeking their
advice/clarification on the matter of issuance of certificate of registration under
Rule 21 of the Delhi RPwD Rules, 2018 since post of Joint Director, Technical
and Spl. Director in the Department of Social Welfare is lying vacant, as to
who will be the competent authority who is next in the hierarchy. The Law Department clarified that word
hierarchy denotes ascending chain of power or authority and hence the Director
(SW) shall be the competent authority.
The file was received from the Law Department, GNCTD back on 30.07.2019
to this Department.
7.
The case of the said NGO was accordingly put up for the approval of Director,
Social Welfare, who is the competent authority next in the hierarchy on
06.06.2019.
8.
After the approval of the competent authority, the NGO, Manovikas Charitable
Society, 60-A, Radhey Puri Extension-I, Swami Dayanand Marg, Near Jagatpuri
Crossing, Delhi-51 has been issued Registration Certificate under Rule 22(8)(a)
of the Delhi Rights of Persons with Disabilities Rules, 2018 on 27.08.2019 for
a period of 5 years w.e.f. 26.08.2019 to 25.08.2024.”
4. The respondent also submitted copy of the registration
certificate issued to the complainant alongwith their reply dated 05.09.2019
with a copy to the complainant.
5. The complainant vide his letter dated 12.09.2019 has submitted
as under:-
“1.
The process and time line of the notification of the Delhi Rules on RPD Act,
2016 was not informed by the Department to Manovikas Charitable Society
therefore we were not aware of the action taken on the first application
submitted for registration on 07.11.2017.
The set of application was pending in the Department for 595 days as on
we proceed the application in this Court.
2.
The organisation was waiting for the reply and status of action taken on the
first application even after the notification of Delhi Rules and advertisement
to save environmental avoid multiple wastage of papers and manpower.
3.
In the reply of Para 4 to 8, the process of the second application, dated
12.03.2019 is described and due to lack of inter-departmental coordination our
application took more than 104 days as on date of Complaint to this Court and
164 days to issue the Registration Certificate.
Under The Rights of Persons with Disabilities Act, 2016, clause of
Chapter IX of 51(2) grant of certificate of registration to the applicant
within a period of ninety days was not fulfilled.
4. The Registration Certificate issued on dated
27 August, 2019 having secretarial errors like the Department’s Name is not
mentioned on the top and the rubber stamp of the Competent Authority is inappropriately
placed. While applying to any other
Department Agency including international Organisations, this Registration
Certificate may criticize.
5.
Trust, after intervention of this Court and with provided Registration
Certificate the Manovikas Charitable Society shall be able to apply for any further
grants and significant number of persons with disabilities shall be able to
avail the opportunities of services.”
6. As the registration certificate has been issued, the complaint
is disposed of with the recommendation that the respondent department may
re-issue the registration certificate with appropriate corrections as pointed
out by the complainant.
7. Given
under my hand and the seal of the Court this 18th day of
September, 2019.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
