Rights of Persons With Disabilities Act, 2016

REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS

Revocation of registration.

§52

Summary

(1) The competent authority may, if it has reason to believe that the holder of a certificate of registration granted under sub-section (2) of section 51 has,— (a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or (b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate: Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked. (2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,— (a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or (b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal. (3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be— (a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or (b) transferred to any other institution specified by the competent authority. (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.

(1) The competent authority may, if it has reason to believe that the holder of a certificate of registration granted under sub-section (2) of section 51 has,— (a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or (b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted, it may, after making such inquiry, as it deems fit, by order, revoke the certificate: Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked. (2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation: Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,— (a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or (b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal. (3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be— (a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or (b) transferred to any other institution specified by the competent authority. (4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.

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