Governmennt gives approval for TVS modified scooters for the disabled

CHENNAI: The new year brings a small parcel of relief for the differently abled who face problems in getting their modified two-wheeler vehicles registered with the Regional Transport Office (RTO). On Tuesday, the state government put the seal of approval for TVS Motors Pvt Ltd to set up workshops or retrofitment centres across the state where physically disabled persons may modify their gearless scooters by adding two extra wheels in the rear. The RTOs will register those scooters that have been retrofitted in these workshops as they have been certified by Automobile Research Association of India (ARAI), Pune for safety standards, according to a press release issued by the government.

The move is long overdue as two-wheeler vehicles owned and modified for the use of disabled persons are not being registered for the last two years ever since the Central government passed a resolution in 2008. According to the resolution, modified gearless scooters may no longer be classified as invalid carriages and had to get their modification done from workshops certified by ARAI. "But when I had to get my vehicle retrofitted, I found out that there was not a single certified workshop in all of Tamil Nadu," said N Kamaraj, a resident of Pollachi whose modified vehicle remains unregistered even six months after the date of purchase. "Neither were any of the manufacturers providing retrofitment services themselves."

But this order only brings mixed relief for the disabled. The order only concerns buyers of TVS vehicles and will bring no relief to owners of vehicles of other brands. "Of what good use is this order to me?" asked Kamaraj, who owns a Honda Activa. Sources in the transport department say that they are hoping that this move will cause a cascade effect and prompt other vehicle manufacturers to also come forward and apply for certification.

The order also does not make any provision for existing unregistered vehicles that have already been modified at local uncertified workshops. "Existing modified TVS vehicles may have to get their modification done again at these TVS workshops as this is a question of safety standards," stated a transport official.

The provision, however, is not welcome to most owners of modified vehicles. "I paid Rs 42,000 for my TVS Scooty Pep+ and Rs 10,000 later to get it retrofitted at a workshop," said Naresh Kumar from Tiruchi district. "I certainly cannot afford to cough up so much money again to get it remodified by a TVS centre. Why can't the RTO officials themselves inspect the already modified vehicles for safety parameters and give their own certification?"

-COURTESY---TIMES OF INDIA

SC warns states of contempt action on Disabilities Act

The Supreme Court today warned of contempt proceedings against states which fail to provide sufficient special access facilities for physically challenged persons as mandated under the Persons with Disabilities Act.






A three-judge bench of Chief Justice S H Kapadia, justices K S Radhakrishnan and Swatanter Kumar also sought an explanation from the Centre within four weeks as to whether Central Committee and State level committees have been set up for implementing the Act and details vis-a-vis disbursal of funds, if any.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was enacted in 1995.



The apex court gave the warning after senior counsel Colin Gonzalves for petitioner Rajiv Raturi in a PIL complained that though several guidelines have been framed under the Act for the benefit of physically challenged persons, neither the Centre nor the states showed interest in implementing the same.



He pointed out that the National Building Code and the Public Works Department have framed several guidelines for creating special facilities for disabled persons at public places like railway stations, bus terminus, airports, trains, buses and aircraft but till date no such facility has been created."We make it clear that if the states do not enforce the National Building Code of India as well as the guidelines issued by the Central Public Works Department, we would be taking contempt proceedings, for which the petitioner(s) could move before this court," the bench said in an order.



The apex court said it was passing the order "strictly based" on the provisions of the Act.

It said "on going through the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, prima facie, we are satisfied that several important statutory duties have remained non-compliant till date.

"We are not even sure as to whether the Central Co-ordination Committee has been duly constituted under Section 3 by the central government as provided in the 1995 Act," the bench said.



The apex court also sought information from the Centre on the following three issues:

1. whether the Central Coordination Committee has been constituted under Section 3 of the 1995 Act. If not, by what time it would be constituted.

2. If Central Co-ordination Committee has been constituted, whether such Committee has given directions/guidelines to the State Coordination Committees under the 1995 Act.

3. Whether any funds have been disbursed to the State Co-ordination Committees. If so, whether utilisation certificates have been issued by the state government from time to time.

Directing the Centre to file an affidavit on the question, the bench posted the matter for further hearing after four weeks.

courtesy----DECCAN HERALD

Rule 11DD - Specified diseases and ailments for the purpose of deduction under section 80DDB

[Specified diseases and ailments for the purpose of deduction under section 80DDB.

11DD.  (1) For the purposes of section 80DDB, the following shall be the eligible diseases or ailments :

               (i)   Neurological Diseases where the disability level has been certified to be of 40% and above,—

        (a)   Dementia ;

        (b)   Dystonia Musculorum Deformans ;

        (c)   Motor Neuron Disease ;

        (d)   Ataxia ;

        (e)   Chorea ;

         (f)   Hemiballismus ;

        (g)   Aphasia ;

        (h)   Parkinsons Disease ;

              (ii)   Malignant Cancers ;

            (iii)   Full Blown Acquired Immuno-Deficiency Syndrome (AIDS) ;

             (iv)   Chronic Renal failure ;

              (v)   Hematological disorders :

         (i)   Hemophilia ;

        (ii)   Thalassaemia.

(2) The certificate in respect of the diseases or ailments specified in sub-rule (1) shall be issued by the following specialists working in a Government hospital—

(a)     for diseases or ailments mentioned in clause (i) of sub-rule (1) - a Neurologist having a Doctorate of Medicine (D.M.) degree in Neurology or any equivalent degree, which is recognised by the Medical Council of India;

(b)     for diseases or ailments mentioned in clause (ii) of sub-rule (1) - an Oncologist having a Doctorate of Medicine (D.M.) degree in Oncology or any equivalent degree which is recognised by the Medical Council of India;

(c)     for diseases or ailments mentioned in clause (iv) of sub-rule (1) - a Nephrologist having a Doctorate of Medicine (D.M.) degree in Nephrology or a Urologist having a Master of Chirurgiae (M.Ch.) degree in Urology or any equivalent degree, which is recognised by the Medical Council of India;

(d)     for diseases or ailments mentioned in clause (v) of sub-rule (1) - a specialist having a Doctorate of Medicine (D.M.) degree in Hematology or any equivalent degree, which is recognised by the Medical Council of India :

Provided that where in respect of any diseases or ailments specified in sub-rule (1), no specialist has been specified or where the specialist specified is not posted in the Government hospital in which the patient is receiving the treatment, such certificate, with prior approval of the Head of that hospital, may be issued by any other specialist working full-time in that hospital and having a post-graduate degree in General or Internal Medicine, which is recognised by the Medical Council of India.

(3) The certificate from the prescribed authority to be furnished along with the return of income shall be in Form No. 10-I.]

Section 80U - DEDUCTION IN CASE OF A PERSON WITH DISABILITY

SECTION 80U	DEDUCTION IN CASE OF A PERSON WITH DISABILITY
Persons Covered	Individual who is Resident in India.
Eligible Amount	Flat deduction to a person with disability.
Relevant Conditions/Points	1.    The concerned assessee must attach a copy of certificate in the prescribed form and signed by prescribed medical authority along with return of income filed. A fresh medical certificate may be required to be submitted after the expiry of stipulated period depending on the condition of disability as specified in such certificate.  2.    Medical authority means the medical authority referred u/s. 2(p) of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [PDEOPRFP Act] or u/s 2(a), (c), (h), (j) and (o) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 [NTWPACMRMD Act]. 3.    "Disability" has the same meaning assigned to it in Section 2(i) of PDEOPRFP Act and includes "autism", "cerebral palsy" and "multiple disabilities" referred to in clauses (a), (c) and (h) of Sec. 2 of the NTWPACMRMD Act. 4.    "Person with Disability" means a person as referred to in Sec. 2(f) of the PDEOPRFP Act or Sec. 2 (j)of NTWPACMRMD Act. 5.    "Person with Severe Disability" means a person suffering from 80% or more of one or more disabilities prescribed u/s. 56(4) of PDEOPRFP Act or u/s. 2(o) of NTWPACMRMD Act.
Extent of Deduction	a.     Rs. 50,000/- in case of normal disability or b.    Rs. 75,000/- in case of severe disability.

80DD: Deduction in respect of Rehabilitation of Handicapped Dependent Relative

SECTION 80DD	DEDUCTION IN RESPECT OF MAINTENANCE INCLUDING MEDICAL TREATMENT OF HANDICAPPED DEPENDANT
Persons Covered	Resident Individual/HUF.
Eligible Amount	Deduction is available if expenditure is incurred on: i. Medical treatment [including nursing], training and rehabilitation of a disabled dependant, or, ii. Any payment or deposit made under a scheme framed by LIC or any other insurer or the administrator or the specified company and approved by the Board for payment of lump sum amount or annuity for the benefit of dependant with disability.
Relevant Conditions/Points	The concerned assessee must attach a copy of certificate in the prescribed Form and signed by prescribed medical authority along with return of income filed u/s 139. A fresh medical certificate may be required to be submitted after the expiry of stipulated period depending on the condition of disability as specified in such certificate. Dependant means (a) in case of an individual, the spouse, children, parents, brothers and sisters of such individual and (b) in the case of a Hindu Undivided Family, any member of HUF; and who is dependant wholly or mainly on such individual or HUF for support and maintenance and who has not claimed deduction under section 80U for the assessment year relating to previous year. Disability" has the same meaning assigned to it in Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [hereinafter referred to as PDEOPRFP Act] and includes "autism", "cerebral palsy" and "multiple disabilities" referred to in clauses (a), (c) and (h) of Sec. 2 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 [NTWPACMRMD Act]. Person with Severe Disability" means a person suffering from 80% or more of one or more disabilities prescribed u/s. 56(4) of PDEOPRFP Act or u/s. 2(o) of NTWPACMRMD Act. If such dependant predeceases the individual or the member of HUF in whose name the subscription is made in the scheme, the amount shall be taxable in the hands of the concerned assessee in the year of receipt. The assessee can nominate (a) disabled dependant or (b) any other person or (c) a trust, to receive the payment from the scheme for the benefit of disabled dependant.
Extent of Deduction	Rs. 50,000/- in case of normal disability or (b) Rs. 1,00,000/- in case of severe disability, irrespective of actual expenditure incurred.

Udavikkaram January 2011

உதவிக்கரம் ஜனவரி - 2011 மாத இதழ்





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