Revised pass facilities to the Railway Servants who are "Persons with Disabilities"
RBE No. 116/2019
ADVANCE CORRECTION SLIP No. 80
भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे बोर्ड) (RAILWAY BOARD)
New Delhi, dated 19.07.2019
The General Managers (P) All Zonal Railways & Production Units.
The Chief Medical Directors All Zonal Railways.
Sub: Revised pass facilities to the Railway Servants who are "Persons with Disabilities" (PwD).
In compliance with the directives of Hon'ble Court of Chief Commissioner for Persons with Disabilities (Divyangjan), the provisions governing pass facilities to the railway servants who are "PwD", as contained in the extant Railway Servants (Pass) Rules, 1986 (Second Edition-1993) (RSPR-1986) have been reviewed. In order to make RSPR-1986 compatible with the provisions contained in Rights of Persons with Disabilities Act- 2016 (RPwDA-2016) and the Rights of Persons with Disabilities Rules-2017 (RPwDR-2017), the Competent Authority has accorded his approval for amending the extant provisions of RSPR-1986, as indicated in the enclosed Advance Correction Slip No.80.
2. In order to obviate the necessity of mentioning the type of disability on the passes, new definitions have been incorporated in RSPR-1986. Accordingly, "PwD" means a person in whose favour a "Certificate of Disability'; (CoD) has been issued in accordance with Chapter-VII of RPwDR-2017, indicating therein the type of disability. Hence, the type of disability indicated in extant RSPR-1986 as well as in the clarifications/administrative instructions issued so far may be read and substituted as "PwD". The Pass Issuing Authorities shall discontinue the practice of mentioning the type of disability on the passes and indicate only as "PwD", wherever necessary.
2.1. It may be noted that existing CoDs would continue to be acceptable as per Rule 20 under Chapter-VII of RPwDR-2017 which interalia stipulates that CoD issued under the earlier Act shall continue to be valid for the entire period specified therein. Accordingly, without demanding a fresh CoD, the Pass Issuing Authorities shall continue to accept the existing CoD till the expiry of its validity, even if the same is in a different format.
2.2. All categories of railway servants who are "PwD" and as per medical opinion require assistance during travel, may get a Companion (i.e. any person of the choice of railway servant) included in his/her pass on the basis of "Companion Requirement Certificate" (CRC) issued by a Medical Officer not below the rank of Divisional Medical Officer (DMO) in a Railway Hospital. The conditions that would govern such facility on all kinds of passes, including Duty Passes have been stipulated in the newly incorporated Rule 4(3). However, in case of persons with visual imparity in both eyes, companion facility shall continue on the basis of existing CoD till CRC is issued in his/her favour.
2.3. Moreover, Group 'C' railway servants holding CRC and entitled to Second/Sleeper Class or Second Class 'A' Privilege Passes may be granted Higher Class pass (i.e. First Class Pass) with a companion in the same Class, on request and subject to the conditions stipulated under Item No.3(xxv)(l ) of General Rules relating to Privilege Passes/PTOs in Schedule-II of RSPR-1986.
2.4. Post Retirement Complimentary Passes (PRCP) are issued to retired railway servants on the same conditions as are applicable to railway servants in service. Accordingly, the companion facility will be permissible also on PRCPs issued to retired railway servants who are PwD, on the same conditions as applicable to such railway servants in service. Hence the instructions issued vide Board's letter No.E(W)93/PS5-l/10 dated 16.12.1993 to facilitate inclusion of an escort on PRCP with the retired railway servants who are PwD, now stand superseded with the incorporation of new Rule 4(3) in RSPR-1986.
2.5. It may be noted that the existing berth restrictions on per pass basis for travel in Rajdhani/Shatabdi/Duronto Express type trains will be applicable on all kinds of passes issued with companion facility.
3. In view of the amendments made to RSPR-1986, Railway Hospitals/Health Units may examine, assess the need of a Companion for travel and issue CRC to the eligible serving as well as retired railway servants/their family members/dependent relatives who are PwD, in the format incorporated in RSPR-1986 as Annexures 'D-1 '/ 'D-2'. It may be noted that CRC should be issued after assessment by an 'Assessment Board' comprising of more than one Medical Officer not below the rank of Divisional Medical Officer in a Railway Hospital out of which at least one Member should be from the speciality of the area of disability(ies) of the person for which Disability Certificate has been issued. Further, the recommendation of such 'Assessment Board' should be accepted by CMS/MD, as the case may be, of the hospital. However, the CRC shall be issued by a Medical Officer of the level of DMO or above who has been nominated for this purpose by CMS/MD of respective Railway Hospital.
4. The dependency criteria stipulated below the definition of "dependent relative'' under Rule 2(c)(vii) of RSPR-1986, as amended from time to time, shall be applicable to determine dependency, wherever required.
5. This issues in consultation with Health Directorate and with the concurrence of the Finance Directorate of the Ministry of Railways.
Encl : As stated
Dy. Director Estt.(Welfare)-I