50. Competent authority - The State Government shall appoint any authority as it deems fit to be a competent authority for the purposes of this Act.
51. No person to establish or maintain an institution for persons with disabilities except in accordance with a certificate of registration - Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority:
Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.
52. Certificate of registration. -
- Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government.
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On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in such manner as may be prescribed by the State Government.
- No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and maintain such standards as may be prescribed by the State Government.
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A certificate of registration granted under this section,-
- shall, unless revoked under section 53, remain in force for such period as may be prescribed by the State Government;
- may be renewed from time to time for alike period; and
- shall be in such form and shall be subject to such conditions as may be prescribed by the State Government.
53. Revocation of certificate -
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The competent authority may, if it has reasonable cause to believe that the holder of the certificate of registration granted under sub-section (2) of section 52 has -
- 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
- 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 he made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not be revoked.
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Where a certificate 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 54 against the order of revocation, such institution shall cease to function -
- where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal, or
- where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.
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On the revocation of a certificate 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-
- restored to the custody of her or his parent, spouse or lawful guardian, as the case may be, or
- transferred to any other institution specified by the competent authority.
- 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.
54. Appeal - (1) Any person aggrieved by the order of the competent authority, refusing to grant a certificate or revoking a certificate may, within such period as may be prescribed by the State Government, prefer an appeal to that Government against such refusal or revocation.
55. Act not to apply to institutions established or maintained by the Central or State Government -
Nothing contained in this Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.
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