Chapter-2 Classification of Disability, Identity Card and Records
- Classification of disability: (1) The classification of disability shall be as contained in Schedule.
(2) The Ministry may, as prescribed, make alteration in the classification of disability referred to in sub-section (1), on the recommendation of the Committee.
- Provisions relating to disability identity card: (1) In order to obtain the disability identity card, a person with disability himself or herself or any of his or her family members or guardian shall make an application, along with recommendation of the concerned Ward Office to the Local Level.
(2) Notwithstanding anything contained in sub-section (1), if a person with disability is not able to make an application on his or her own or any of his or her family members or guardian is not available, the Ward Chairperson of the concerned Ward may, on his or her behalf, make an application pursuant to sub-section (1) for the disability identity card.
(3) Upon receipt of an application pursuant to sub-section (1) or (2), the Local Level shall make necessary inquiry into the application, and in the case of the person with disability whose disability appears clearly upon making such inquiry, issue the disability identity card in the prescribed format, also specifying the classification of disability.
(4) If, in making inquiry into the application pursuant to sub-section 3, it is not clear to which classification of disability the person belongs or there is a doubt as to whether the person has disability, the Local Level shall submit the matter to the coordination committee, and shall give the disability identity card pursuant to sub-section (3), on the basis of Recommendation of that committee.
(5) Before making the recommendation pursuant to sub-section (4), the coordination committee shall, if it considers necessary to have physical examination of the person obtaining disability identity card, have the health-check-up of that person in a nearby government hospital, at the expenses of the Local Level.
(6) If, upon making an inquiry or physical examination pursuant to this section, it appears that the disability identity card cannot be issued to any person, the Local Level shall give information thereof, along with the reason, to the applicant.
(7) A person who is not satisfied with the decision made by the Local Level not to issue the disability identity card pursuant to sub-section (6) may make a complaint in the ministry or the official designated by the Ministry within thirty-five days and the decision made by the Ministry on such a complaint shall be final.
(8) Other provisions relating to the issuance of the identity card to the person with disability shall be as prescribed.
- Prohibition on obtaining identity card by giving false details: (1) No person shall obtain the disability identity card by giving false details or obtaining the disability identity card of another category of disability by giving false details to the effect that the person belongs to that category of disability.
(2) If any person obtains the disability identity card in contravention of sub-section (1), the identity card obtained by that person shall be cancelled, and action shall be taken against that person under this Act.
(3) Notwithstanding anything contained in sub-section (2), if it appears that any authority has issued another category of identity card to a person with disability despite that the real details were provided, recommendation shall be made for action against the authority issuing that identity case, under the prevailing law.
(4) If it is found that any person has, on the basis of the disability identity card obtained by furnishing false details, been appointed to the post that is reserved for the person with disability in accordance with the prevailing law, notwithstanding anything contained in the prevailing law, such appointment shall be cancelled at any time, the salary and other facilities obtained by him or her shall be recovered as government dues, and such a person shall be punished under the prevailing law as if he or she has lied the qualification for obtaining the post.
6. To maintain records: (1) The Local Level shall prepare records, along with the details as prescribed, of the persons with disabilities who reside permanently within its area and update such records each year.
(2) The Local Level shall forward the records updated in accordance with sub-section (1) to the Ministry looking after the federal affairs of the Government of Nepal, Ministry and the Provincial Ministry looking after the social sector.
(3) The Ministry shall prepare integrated details of the persons with disabilities, on the basis of the records received pursuant to sub-section (2).
(4) It shall not be bound to provide the services and facilities to be provided under this Act to those persons with disabilities who are not included in the records pursuant to this Sect