RBE No. 116/2019: Passes – Persons with Disabilities (PwD) – Railway Servants

No.E(W)2017/PS5-1/6, dated 19.07.2019

Sub: Revised pass facilities to the Railway Servants who are “Persons with Disabilities” (PwD).

1. 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 extent 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 recorded his approval for amending the extent 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 disabilities 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 that type of disability. Hence, the type of disability indicated in extent RSPR-1986 as well as in the clarifications/ administrative instructions issued so far may be read and substituted as ‘PwD’. The Pass Issuing Authority 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 continued to be acceptable as per Rule 20 under Chapter-VII of RPwDR-2017 which inter-alia 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 Authority 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 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 condition stipulated under Item No.3(xxv) of General Rules relating to Privilege Passes/ PTO 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, has the instructions issued vide Board’s letter No.E(W)93/PS5-1/10, dated 16.12.1993 to facilitate inclusion of an escort on PRCP with the retired Railway servant 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, asses 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 Annexure ‘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 persons 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.

Advance Correction Slip No.80 to
Railway Servants (Pass) Rules, 1986 (Second Edition-1993)

(I) New definitions to be incorporated in the main rules:

Rule 2(b1): ‘Certificate of Disability’ (hereinafter referred to as CoD) means a certificate in support of disability, duly issued in accordance with Chapter-VII of ‘Rights of Persons with Disabilities Rules, 2017’ framed under Section 100(1) & (2) of ‘Rights of Persons with Disabilities Act, 2016’.

Rule 2(b2): ‘Companion’ means a person accompanying the pass holder to render assistance during travel and may be any person of the choice of railway servant.

Rule 2(b3): ‘Companion Requirement Certificate’ (hereinafter referred to as CRC) means a certificate duly issued by a Medical Officer not below the rank of Divisional Medical Officer in a Railway Hospital.

Rule 2(f1): ‘Person with Disability’ (hereinafter referred to as PwD) means a person in whose favour CoD has been issued.

(II) New rule to be incorporated in the main rules:

Rule 4(3):

(i)       If passes specified in clauses (i), (ii), (iv) & (vii) of sub-rule (1) are to be issued to a railway servant who is a PwD, a ‘Companion’ may be included along with other entitled family members/ dependent relatives on submission of CRC of railway servant, as prescribed in the format at Annexure ‘D-1’.

(ii)      If passes specified in clauses (ii), (iv) & (v) of sub-rule (1) are to be issued only in favour of entitled family member(s)/ dependent relative(s) who is/are PwD, a ‘Companion’ may be included on submission of CRC of the person in whose favour the pass is to be issued, as prescribed in the format at Annexure ‘D-2’. No other adult family member/ independent relative shall be included in such passes. However, Minor children [as defined in item 3(xvii)(a) under General Rules of Schedule-II] may be included in such passes.

(iii)    Only one ‘Companion’ will be permitted even if more than one PwD is included in the pass. However, in case of wheel-chaired PwD, individual Companion to each wheel-chaired PwD shall be permitted.

(iv)    ‘Attendant’ [as defined under Rule 2(b)] will not be permitted wherever a ‘Companion’ is included to accompany the PwD. However, attendant(s) is/ are permissible in the Special Passes issued on medical grounds.

(v)      First Class/ First Class ‘A’ Pass holder, who is a PwD, can opt for either companion facility or attendant facility.

(III) Amendment in the main rules to be substituted:

Rule 2(c)(iv): Brother of any age provided he is a Person with Disability.

Rule 2(d)(iii)(d): Persons with Disability, provided they are dependent on the railway servant.

(IV) Provisions to be deleted/ substituted in Schedules:

Item No.1 under General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Deleted
Item No.3(iii) under General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Deleted
Item No.3(xxv)(1) under the heading General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Group ‘C’ Railway servants 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, in lieu of their total entitlement of Privilege Passes on the basis of CRC. The number of Higher Class Pass will be only one set in a year, even if the railway servant is eligible to three sets of passes per year. Where the entitlement of the railway servant is less than three sets and not less than one set of Privilege Pass, the facility of Higher Class Pass along with a Companion in the same Class may, still be allowed.
Item No.3(xxv)(2) under the heading General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Deleted
Item No.3(xxv)(3) under the heading General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Deleted
Proviso under  Item No.3(xxv)(3) under the heading General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Deleted
Item No.3(xxvi) under the heading General Rules relating to Privilege Passes/ PTOs of Schedule-II.	Of the basis of CRC, railway servants who PwD may carry tricycles/ wheel-chair in their Privilege Passes within the free luggage allowance permissible. Necessary endorsement to this effect may be made on the pass, as required.
Item No.(iii) under column No.2 of Schedule-III.	(i)    In case of student son under 18 years and student girl of any age, a parent or Guardian may be included in the pass issued. (ii)   In case of student son who are PwD, on the basis of CRC, a Companion may be included in the School Pass even after 18 years of age.
Item No.(vii) under column 3 of Schedule-IV.	Deleted
Last para below Item No.3 of Item No.(xiv) under column No.3 of Schedule-IV.	The facility of companion in lieu of attendant may, however, be permitted when the pass holder and/or eligible member of family above the age of 65 years are travelling along with son or daughters of any age who is a PwD and eligible to be included in the Post Retirement Complimentary Pass as per rules.
Note under column No.3 of Schedule-IV.	Note: (i)    No attendant is allowed in Residential Card Pass. (ii)   Railway servants who are PwD and entitled for Second/ Second Class ‘A’ passes may be issued First Class RCP on the basis of CRC.

ANNEXURE D-1 [See Rule 4(3)(i) & (iii)]*
COMPANION REQUIREMENT CERTIFICATE (CRC)
(Applicable for railway servant)

Certificate No………………..

Photo

1. This is to certify that I have carefully examined schedule Shri/ Smt/ Kum. …………………………………………………….., serving/ served as ………………………………………………………….(designation & Railway), holding Certificate of Disability No. ………………………………, dated ………………….., whose photograph is affixed above and found that he/ she cannot travel without the assistance of a Companion.
OR
This is to certify that I have carefully examined Shri/ Smt/ Kum. …………………………………………………………………….., serving/ served as …………………………………………………….(designation & Railway), holding Certificate of Disability No. …………………………., dated ………………….., whose photograph is affixed above and found that he/ she cannot travel without the assistance of a Companion and is also fully wheel chair dependent for his/ her mobility.

2. This certificate is valid for lifetime (in case of permanent disability).
OR
This certificate is valid upto ………………………………(in case of temporary disability).

Signature: ……………………………….
Name: …………………………………….
Designation: ……………………………
(Seal of Issuing Authority must be affixed)

Date: ……………………..
Note:
(i) This certificate should be issued only by a Medical Officer not below the rank of Divisional Medical Officer in Railway Hospital.
(ii) The portions not applicable should be scored out.
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* Rule 4(3)(i) of Railway Servants (Pass) Rules:
If passes specified in clauses (i), (ii), (iv) & (vii) of sub-rule (1) are to be issued to a Railway servant who is a PwD, a ‘Companion’ may be included along with other entitled family members/ dependent relatives on submission of CRC of railway servant, as prescribed in the format at Annexure ‘D-1’.
* Rule 4(3)(iii) of Railway Servants (Pass) Rules:
Only one ‘Companion’ will be permitted even if more than one PwD is included in the Pass. However, in case of wheel chaired PwD(s), individual Companion to each wheel-chaired PwD shall be permitted.

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ANNEXURE ‘D-2’ [See Rule 4(3)(ii) & (iii)]*
COMPANION REQUIREMENT CERTIFICATE (CRC)
(Applicable for family members/ dependent relatives eligible for pass)

Certificate No………………..

Photo

1. This is to certify that I have carefully examined schedule Shri/ Smt/ Kum. …………………………………………………….., holding Certificate of Disability No. ………………………………, dated ………………….., whose photograph is affixed above and found that he/ she cannot travel without the assistance of a Companion. He/ she is ………………………. (indicate relationship i.e. spouse/ son/ daughter, etc.) of Shri/ Smt/ Kum. ………………………………………………………… serving/ served as …………………………………………………….(designation & Railway).
OR
2. This is to certify that I have carefully examined Shri/ Smt/ Kum. …………………………………………………………………….., holding Certificate of Disability No. ………………………………, dated ………………….., holding Certificate of Disability No. …………………………., dated ………………….., whose photograph is affixed above and found that he/ she cannot travel without the assistance of a Companion and is also fully wheel chair dependent for his/ her mobility. He/ she is ………………………. (indicate relationship i.e. spouse/ son/ daughter, etc.) of Shri/ Smt/ Kum. ………………………………………………………… serving/ served as …………………………………………………….(designation & Railway).
3. This certificate is valid for lifetime (in case of permanent disability).
OR
This certificate is valid upto ………………………………(in case of temporary disability).

Signature: ……………………………….
Name: …………………………………….
Designation: ……………………………
(Seal of Issuing Authority must be affixed)

Date: ……………………..
Note:
(i) This certificate should be issued only by a Medical Officer not below the rank of Divisional Medical Officer in Railway Hospital.
(ii) The portions not applicable should be scored out.
———————————————————————————————————————————————————————————————————————————-
* Rule 4(3)(ii) of Railway Servants (Pass) Rules:
If passes specified in clauses (ii), (iv) & (v) of sub-rule (1) are to be issued in favour of entitled family member(s)/ dependent relative(s) whi is/ are PwD, a ‘Companion’ may be included on submission of CRC of the person in whose pass is to be issued, as prescribed in the format at Annexure ‘D-2’. No other adult family member/ dependent relatives shall be included in such passes. However, minor children [as defined in item 3(xvii)(a) under General Rules of Schedule-II] may be included in such passes.
* Rule 4(3)(iii) of Railway Servants (Pass) Rules:
Only one ‘Companion’ will be permitted even if more than one PwD is included in the Pass. However, in case of wheel chaired PwD(s), individual Companion to each wheel-chaired PwD shall be permitted.

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Download Railway Board Circular RBE No. 116/2019

Forward reference ⇒ Letter dated 18.03.2020.