Appendix I − The Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation) Act

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act

Republic of India. [No. 1 of 1996 ] 1st January, 1996 An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region

Whereas The meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on the 1st to 5th December, 1992, adopted the Proclamation of the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region; And whereas India is a signatory to the said Proclamation;

And whereas it is considered necessary to implement the Proclamation aforesaid. Be it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:

Chapter 1 - Preliminary
Short title, extent and commencement.
This act may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It extends to the whole of India except the State of Jammu and Kashmir. It shall come into force on such date as the Central Government may, by notification, appoint.

Comments
Harmonious construction. - It is well settled that when such a harmonious construction is possible and which furthers the object of the Act, namely, to promote thrift and channelise private savings for national use the same must be preferred to the construction which leads to a conflict.

Duty of Court. - The Courts should lean more in favor of an interpretational process which would promote a laudable object and eschew one which would sap its efficacy and leave it as a dead wood, as it were.

2. In this Act, unless the context otherwise requires,
"appropriate Government" means,

• in relation to Central Government, or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonments Act, 1924 (2 of 1924), the Central Government;
• in relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government;
• in respect of the Central Co-ordination Committee and the State Executive Committee, the Central Government;
• in respect of the State Co-ordination Committee and the State Executive Committee, the State Government;

"blindness" refers to a condition where a person suffers from any of the following conditions, namely:

• total absence of sight; or
• visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses; or
• limitation of the field of vision subtending an angle of 20 degree or worse;

"Central Co-ordination Committee" means the Central Co-ordination Committee constituted under sub-section (1) of Section 3;

"Central Executive Committee" means the Central Executive Committee constituted under sub-section (1) of Section 9;

"cerebral palsy" means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;

"Chief Commissioner" means Chief Commissioner appointed under sub-section (1) of Section 57;

"Commissioner" means Commissioner appointed under sub-section (1) of Section 60;

"competent authority"means the authority appointed under Section 50;

"disability" means,

• blindness;
• low vision;
• leprosy-cured;
• hearing impairment;
• locomotor disability;
• mental retardation;
• mental illness;

"employer" means,

• in relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and
• in relation to an establishment, the chief executive officer of that establishment;

"establishment" means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled by the Government or a local authority or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956) and includes Departments of a Government;

"hearing impairment" means loss of sixty decibels or more in the better year in the conversational range of frequencies;

"institution for persons with disabilities" means an institution for the reception, care, protection, education, training, rehabilitation or any other service of persons with disabilities;

"leprosy cured person" means any person who has been cured of leprosy but is suffering from

• loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
• manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;
• extreme physical deformity as well as advanced age which prevents him from undertaking any gainful occupation, and the expression "leprosy cured" shall be construed accordingly.

"locomotor disability" means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy;

"medical authority" means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government;

"mental illness" means any mental disorder other than mental retardation;

"mental retardation" means a conduction of arrested or incomplete development of mind of a person which is specially characterized by sub-normality of the intelligence;

"notification" means a notification published in the official Gazette;

"erson with disability" means a person suffering from not less than forty per cent. of any disability as certified by a medical authority;

"person with low vision" means a person with impairment of visual function even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;

"prescribed" means prescribed by rules made under this Act;

"rehabilitation" refers to process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;

"Special Employment Exchange" means any office or place established and maintained by the government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting

• persons who seek to engage employees from amongst the persons suffering from disabilities;
• persons with disability who seek employment;
• vacancies to which person with disability seeking employment may be appointed;

"State Co-ordination Committee" means the State Co-ordination Committee constituted under sub-section (1) of Section 13;

"State Executive Committee" means the State Executive Committee constituted under sub-section (1) of Sec. 19;

Chapter 2 - The Central Co-ordination Committee

3. The Central Co-ordination Committee.

The Central Government shall by notification constitute a body to be known as the Central Co-ordination Committee to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

The Central Co-ordination Committee shall consist of-

• The Minister in-charge of the Department of Welfare in the Central Government, Chairperson, ex officio;
• The Minister of State in-charge of the Department of Welfare in the Central Government, Vice-Chairperson, ex officio;
• Secretaries to the Government of India in-charge of the Department of Welfare, Education, Woman and Child Development, Expenditure, Personnel, Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Legal Affairs, Public Enterprises, Members, ex officio;
• Chief Commissioner, Member, ex officio;
• Chairman Railway Board, Member, ex officio;
• Director-General of Labour , Employment and Training , Member, ex officio;
• Director, National Council for Education Research and Training, Member, ex officio;
• three Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States, Members;
• three persons to be nominated by the Central Government to represent the interests, which in the opinion of that Government ought to be represented, Members;
• Directors of the- National Institute for the Visually Handicapped, Dehradun; National Institute for the Mentally Handicapped, Secunderabad; National Institute for the Orthopaedically Handicapped, Calcutta; Ali Yavar Jung National Institute for the Hearing Handicapped, Bombay; Members, ex officio
• Four Members to be nominated by the Central Government by rotation to represent the States and the Union territories in such manner as may be prescribed by the Central Government: Provided that no appointment under this clause shall be made except on the recommendation of the State Government or, as the case may be, the Union territory;
• Five persons as far as practicable, being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to be nominated by the Central Government, one from each area of disability, Members :
• Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;
• Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, Member-Secretary, ex officio,
• The office of the Member of the Central Co-ordination Committee shall not disqualify its holder for being chosen as or being a Member of either House of Parliament.

4. Term of office of Members.

• Save as otherwise provided by or under this Act a Member of a Central Co-ordination Committee nominated under Clause (i) or Clause (l) of sub-section (2) of Section 3 shall hold office for a term of three years from the date of his nomination.
• Provided that such a Member shall, not withstanding the expiration of his term, continue to hold office until his successor enters upon his office.
• The term of office of an ex officio Member shall come to an end as soon as he ceases to hold office by virtue of which he was so nominated.
• The Central Government may if it thinks fit remove any Member nominated under Clause (i) or Clause (l) of sub-section (2) of Section 3 before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
• A Member nominated under Clause (i) or Clause (l) of sub-section (2) of Section 3 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant.
• A casual vacancy in the Central Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
• Member nominated under Clause (i) or Clause (l) of sub-section (2) of Section 3 shall be eligible for re-nomination.
• Member nominated under Clause (i) or Clause (l) of sub-section (2) of Section 3 shall receive such allowances as may be prescribed by the Central Government.

5. Disqualifications.

No person shall be a member of the Central Co-ordination Committee, who

• is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
• is of unsound mind and stands so declared by a competent Court, or
• is or has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or
• is or at any time has been convicted of an offence under this Act, or
• has so abused in the opinion of the Central Government his position as a Member as to render his continuance in the Central Co-ordination Committee detrimental to the interests of the general public.

No order of removal shall be made by the Central Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.

Notwithstanding anything contained in sub-section (1) or sub-section (6) of Section 4, a Member who has been removed under this section shall not be eligible for re-nomination as a Member.

6. Vacation of seats by Members. - If a Member of the Central Co-ordination Committee becomes subject to any of the disqualifications specified in Section 5 his seat shall become vacant.

7. Meetings of the Central Co-ordination Committee. - The Central Co-ordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.

8. Functions of the Central Co-ordination Committee.

1. Subject to the provisions of this Act, the function of the Central Co-ordination Committee shall be to serve as the national focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.
2. In particular and without prejudice to the generality of the foregoing, the Central Co-ordination Committee may perform all or any of the following functions, namely:-
   • review and co-ordinate the activities of all the Departments of the Government and other Governmental and non-governmental Organizations which are dealing with matters relating to persons with disabilities;
   • develop a national policy to address issues faced by persons with disabilities;
   • advise the Central Government on the formulation of policies, programmes, legislation and projects with respect to disability;
   • take up the cause of persons with disabilities with the concerned authorities and the international organizations with a view to provide for schemes and projects for the disabled in the national plans and other programmes and policies evolved by the international agencies;
   • review in consultation with the donor agencies their funding policies from the perspective of their impact on persons with disabilities;
   • take such other steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions;
   • monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;
   • to perform such other functions as may be prescribed by the Central Government.

9. Central Executive Committee.

The Central Government shall constitute a Committee to be known as the Central Co-ordination Committee to perform the functions assigned to it under this Act.

The Central Co-ordination Committee shall consist of

• the Secretary to the Government of India in the Ministry of Welfare, Chairperson, ex officio;
• the Chief Commissioner, Member, ex officio;
• the Director-General for Health Services, Member, ex officio;
• the Director-General, Employment and Training, Member, ex officio;
• six persons not below the rank of a Joint Secretary to the Government of India, to represent the Ministries or Departments of Rural Development, Education, Welfare, Personnel, Public Grievances and Pension and Urban Affairs and Employment, Science and Technology, Members, ex officio;
• the Financial Advisor, Ministry of Welfare in the Central Government, Member, ex officio;
• Advisor (Tariff) Railway Board, Member, ex officio;
• four members to be nominated by the Central Government by rotation to represent the State Governments the Union territories in such a manner as may be prescribed by the Central Government;
• one person to be nominated by the Central Government to represent the interest, which in the opinion of the Central Government ought to be represented, Member;
• five persons, as far as practicable being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to be nominated by the Central Government, one from each area of disability. Members : Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;
• Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, Member-Secretary, ex officio.

Member nominated under Clause.(i) or Clause.(j) of sub-section (2) shall receive such allowances as may be prescribed by the Central Government.

A Member nominated under Clause.(i) or Clause.(j) of sub-section (2) may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant.

10. Functions of the Central Executive Committee.

The Central Executive Committee shall be the executive body of the Central Co-ordination Committee and shall be responsible for carrying out the decisions of the Central Co-ordination Committee.

Without prejudice to the provisions of sub-section(1), the Central Executive Committee shall also perform such other functions as may be delegated to it by the Central Co-ordination Committee.

11. Meetings of the Central Executive Committee.

The Central Executive Committee shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.

Comment

Section 11 deals with meetings of the Central Executive Committee at least once in three months.

12. Temporary association of persons with Central Executive Committee for particular purposes

• The Central Co-ordination Committee may associate with itself in such shall and for such purposes as may be prescribed by the Central Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
• A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the Central Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.
• A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee; as may be prescribed by the Central Government

Chapter 3 - The State Co-ordination Committee

13. State Co-ordination Committee.

Every State Government shall by notification constitute a body to be known as the State Co-ordination Committee to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

The State Co-ordination Committee shall consist of

• the Minister in-charge of the Department of Welfare in the State Government, Chairperson, ex officio;
• the Minister of State in-charge of the Department of Social Welfare ,if any, Vice-Chairperson, ex officio;
• Secretaries to the State Government in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Legal Affairs, Public Enterprises, by whatever name called, Members, ex officio;
• Secretary of any other Department which the State Government considers necessary, Member, ex officio;
• Chairman, Bureau of Public Enterprises (by whatever name called) Member, ex officio;
• five persons as far as practicable, being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to be nominated by the Central Government, one from each area of disability,

Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

• three Members of State Legislature, of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any;
• three persons to be nominated by the State Government to represent agriculture, industry or trade or any other interest, which in the opinion of State Government ought to be represented, Members; ex officio ;
• the Commissioner, Member, ex officio;
• Secretary to the State Government dealing with the welfare of the handicapped, Member-Secretary, ex officio.

Notwithstanding anything contained in this section, no State Co-ordination Committee shall be constituted for a Union territory and in relation to a Union territory, the Central Co-ordination Committee shall exercise the functions and perform the functions of a State Co-ordination Committee for the union territory:

Provided that in relation to a Union territory, the Central Co-ordination Committee may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.

Comment

Proviso. - A proviso must be considered with relation to the principal matter to which it stands as a proviso.

14. Terms and conditions of service of Members.-

• Save as otherwise provided by or under this Act, a Member of a State Co-ordination Committee nominated under Clause (f) or Clause (h) of sub-section(2) of Section 13 shall hold office for a term of three years from the date of his nomination :
• Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enter upon his office.
• The term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated.
• The State Government may if it thinks fit, remove any Member nominated under Clause (f) or Clause (h) of sub-section (2) of Section 13, before the expiry of his term of office after giving him a reasonable opportunity of showing the cause against the same.
• A Member nominated under Clause (f) or Clause (h) of sub-section (2) of Section 3 may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.
• A casual vacancy in the State Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
• Member nominated under Clause (f) or Clause (h) of sub-section (2) of Section 3 shall be eligible for re-nomination.
• Member nominated under Clause (f) or Clause (h) of sub-section (2) of Section 3 shall receive such allowances as may be prescribed by the State Government.

15. Disqualifications.

No person shall be a Member of the State Co-ordination Committee, who- is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or

• is of unsound mind and stands so declared by a competent Court, or
• is or has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or
• is or at any time has been convicted of an offence under this Act, or
• has so abused in the opinion of the State Government, his position as a Member as to render his continuance in the State Co-ordination Committee detrimental to the interests of the general public.

No order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.

Notwithstanding anything contained in sub-section (1) or sub-section (6) of Section 14, a Member who has been removed under this section shall not be eligible for re-nomination as a Member.

16. Vacation of seats by Members

If a Member of the Central Co-ordination Committee becomes subject to any of the disqualifications specified in Section 15 his seat shall become vacant.

Comment

Section 16 deals with vacation of seats of a member of the State Co-ordination Committee subject to any disqualification.

17. Meetings of the State Co-ordination Committee.

The State Co-ordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

18. Functions of the State Co-ordination Committee.

Subject to the provisions of this Act, the function of the State Co-ordination Committee shall be to serve as the State focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.

In particular and without prejudice to the generality of the foregoing, the State Co-ordination Committee may perform all or any of the following functions, namely:

• review and co-ordinate the activities of all the Departments of the Government and other Governmental and non-governmental Organizations which are dealing with matters relating to persons with disabilities;
• develop a state policy to address issues faced by persons with disabilities;
• advise the State Government on the formulation of policies, programs, legislation and projects with respect to disability;
• review in consultation with the donor agencies their funding policies from the perspective of their impact on persons with disabilities;
• take such other steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions;
• monitor and evaluate the impact of policies and programs designed for achieving equality and full participation of persons with disabilities;
• to perform such other functions as may be prescribed by the State Government.

19. State Executive Committee.

The State Government shall constitute a Committee to be known as the State Co-ordination Committee to perform the functions assigned to it under this Act.

The State Co-ordination Committee shall consist of

• the Secretary, Department of Social Welfare, Chairperson, ex officio;
• the Commissioner, Member, ex officio;
• nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of Health, Finance, Rural Development, Education, Welfare, Personnel, Public Grievances, Urban Affairs Labour and Employment, Science and Technology, Members, ex officio;
• one person to be nominated by the State Government to represent the interest, which in the opinion of the State Government ought to be represented, Member;
• five persons, as far as practicable being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members;
• Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;
• Joint Secretary dealing with the disability division in the Department of Welfare, Member-Secretary, ex officio.

Member nominated under Clause (d) or Clause (e) of sub-section (2) shall receive such allowances as may be prescribed by the State Government.

A Member nominated under Clause (d) or Clause (e) of sub-section (2) may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.

20. Functions of the State Executive Committee.

21. Meetings of the State Executive Committee.

The State Executive Committee shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government.

22. Temporary association of persons with State Executive Committee for particular purposes.

The State Co-ordination Committee may associate with itself in such shall and for such purposes as may be prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.

A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee; as may be prescribed by the State Government.

23. Power to give directions.

In the performance of its functions under this Act,

• the Central Co-ordination Committee shall be bound by such directions in writing, as the Central Government may give it; and
• the State Co-ordination Committee shall be bound by such directions in writing, as the Central Co-ordination Committee or the State Government may give it :

Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Co-ordination Committee, the matter shall be referred to the Central Government for its decision.

24. Vacancies not to invalidate proceedings

No act or proceeding of the Central Co-ordination Committee, Central Executive Committee, a State Co-ordination Committee, or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

Comment

Section 24 provides that no act or proceeding shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

Chapter 4 - Prevention and Early Detection of Disabilities

25. Appropriate Governments and local authorities to take certain steps for the prevention of occurrence of disabilities.

Within the limit of its economic capacity and development, the appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall

• undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;
• promote various methods of preventing disabilities;
• screen all the children at least once in a year for the purpose of identifying "at-risk" cases;
• provide facilities for training to the staff at the primary health centres;
• sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;
• take measures for pre-natal, peri-natal and post-natal care of mother and child;
• educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers;
• create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted.

Chapter 5 - Education

26. Appropriate Governments and local authorities to provide children with disabilities free education, etc.

• Appropriate Governments and local authorities shall
• ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;
• endeavor to promote the integration of students with disabilities in the normal schools;
• promote settings up of of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;
• endeavor to equip the special schools for children with disabilities with vocational training facilities.

27. Appropriate Governments and local authorities to make schemes and programs for non-formal education, etc.

Appropriate Governments and local authorities shall by notification make schemes for

• conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;
• conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;
• imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;
• imparting education through open schools or open universities;
• conducting class and discussions through interactive electronic or other media;
• providing every child with disability free of cost special books and equipments needed for his education.

28. Research for designing and developing new assistive devices, teaching aids, etc.

he appropriate Governments shall initiate or cause to be initiated research by official or non-governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

29. Appropriate Governments to set up teacher's training institutes to develop trained manpower for schools for children with disabilities.

The appropriate Governments to set up adequate number of teacher's training institutions and assist the national institutes and other voluntary organizations to develop teacher's training programs specialization in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.

Comment

Section 29 provides for the setting up of teachers' training institution to develop trained manpower for schools for children with disabilities.

30. Appropriate Governments to prepare a comprehensive education scheme providing for transport facilities, supply of books, etc.

Without prejudice to the foregoing provisions, appropriate Governments shall by notification prepare a comprehensive education scheme which shall make provision for -

• transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend

schools;

• the removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training;
• the supply of books, uniforms and materials to children with disabilities attending school.
• the grant of scholarship to students with disabilities;
• setting up of appropriate forum for the redressal of grievances of parents regarding the placement of their children with disabilities;
• suitable modification in the examination system to eliminate pure mathematical questions for the benefit of blind students and students with low vision;
• restructuring of curriculum for the benefit of children with disabilities;
• restructuring of curriculum for the benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum children with disabilities;

31. Education instructions to provide amanuensis to students with visual handicap.

All educational institutions shall provide for cause to be provided amanuensis to blind students and students with or low vision.

Chapter 6 - Employment

32. Identification of posts which can be reserved for persons with disabilities.

Appropriate Governments shall

• Identify posts, in the establishments, which can be reserved for persons with disability;
• at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.

33. Reservation of posts.

Every appropriate Government shall appoint in every establishment such percentage of vacancies not less three per cent. for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from

• blindness or low vision;
• hearing impairment;
• locomotor disability or cerebral palsy,
• in the posts identified for each disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, may exempt any establishment from the provisions of this section.

34. Special Employment Exchange.

The appropriate Government may, by notification require from such date as may be specified, by such notification, The employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with disabilities that have occurred or are about to occur in that establishment to such Special Employment exchange as may be prescribed and the establishment shall thereupon comply with such requisition.

The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed.

35. Power to inspect record or document in possession of any establishment.

Any person authorized by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possession of any establishment and may enter at any reasonable time any premises where he believes such record or document to be, and inspect or take copies of relevant records or documents or ask any question necessary for obtaining information.

36. Vacancies not filled to be carried forward.

Where in any recruitment year any vacancy under Section 33, cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward to in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disabilities is not available, it may be first be filled by interchange among the three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:

Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

37. Employers to maintain records.

Every employer shall maintain such record in relation to the person with disabilities employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.

The records maintained under sub-section(1) shall be open to inspection at all reasonable hours by such persons as may be authorized in this behalf by the general or special order by the appropriate Government.

38. Schemes for ensuring employment of persons with disabilities.

The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for

• the training and welfare of persons with disabilities;
• the relaxation of upper age limit;
• regulating the employment;
• health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;
• the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and
• constituting the authority responsible for the administration of the scheme.

39. All educational institutions to reserve seats for persons with disabilities

All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent. seats for persons with disabilities.

40. Vacancies to be reserved in poverty alleviation schemes

The appropriate Governments and local authorities shall reserve not less than three per cent. in all poverty alleviation schemes for the benefit of the persons with disabilities.

Comment

Section 40 provides for the reservation of vacancies in poverty alleviation schemes for the benefit of persons with disabilities.

41. Incentives to employers to ensure five per cent. of the work force is composed of persons with disabilities

The appropriate Governments and local authorities shall, within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent. of the work force is composed of persons with disabilities.

Chapter 7 − Affirmative Action

42. Aids and appliances to persons with disabilities

The appropriate Governments shall by notification makes schemes to provide aids and appliances to persons with disabilities.

43. Schemes for preferential allotment of land for certain purposes

The appropriate Governments and local authorities shall by notification frame schemes in favor of persons with disabilities, for the preferential allotment of land at a concessional rates for

• house;
• setting up business;
• setting up of special recreation centres;
• establishment of special schools;
• establishment of research centres;
• establishment of factories by entrepreneurs with disabilities.

Chapter 8 - Non-discrimination

44. Non-discrimination in transport.

Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to

• adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons;
• adapt toilets in rail compartments, buses, vessels, aircrafts and waiting rooms in such a way as to permit wheel chair users to use them conveniently.

45. Non-discrimination on the road

The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for

• installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap;
• causing curb cuts and slopes to be made in the pavements for the easy access of wheel chair users;
• engraving on the surface of the zebra crossing for the blind or for persons with low vision;
• engraving on the edges of the railway platforms for the blind or for persons with low vision;
• devising appropriate symbols of disability;
• warning signals at appropriate places.

46. Non-discrimination in the built environment.

The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for

• ramps in public buildings;
• adaptation of toilets for wheel chair user;
• Braille symbols and auditory signals in elevators or lifts;
• ramps in hospitals, primary health centres and other medical care and rehabilitation institutions.

47. Non-discrimination in Government employment

No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:

Provided that, if an employee after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post unit a suitable post is available or attains the age of superannuation, whichever is earlier.

No promotion shall be denied to a person merely on the ground of his disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any establishment by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

Chapter 9 - Research and Manpower Development

48. Research

Appropriate Governments and local authorities shall promote and sponsor research, inter alia in the following areas:-

• prevention of disability;
• rehabilitation including community based rehabilitation;
• development of assistive devices including their psycho-social aspects;
• job identification;
• on site modifications in offices and factories.

49. Financial incentives to Universities to enable them to undertake research

The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and non-governmental research units or institutions, for undertaking research for special education, rehabilitation and manpower development.

Chapter 10 - Recognition of Institutions for Persons with Disabilities

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 with a certificate of registration

Save as otherwise provided under this Act, no person to establish or maintain an institution for persons with disabilities except 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.

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 there under 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 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.

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 a period; and
• shall be in such form and shall be subject to such conditions as may be prescribed by the State Government.

An application for renewal of a certificate of registration shall be made not less than sixty days before the period of validity.

The certificate of registration shall be displayed by the institution in a conspicuous place.

53. Revocation of certificate

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 be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not to be revoked.

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 order of the 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.

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

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. The order of the State Government on such appeal shall be final.

55. Act not apply to institutions established or maintained by the Central or State Government

Nothing contained in the Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.

Chapter 11 - Institution for Persons with Severr Desiabilities

56. Institution for Persons with Severe Disabilities

The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit.

Where, the appropriate Government is of opinion that any institution other than an institution, established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognize such institution as an institution for persons with severe disabilities for the purposes of this Act:

Provided that no institution shall be recognized under this section unless such institution has complied with the requirements of this Act and the rules made there under.

Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriate Government.

For the purposes of this section "person with severe disability" means a person with eighty per cent. or more of one or more disabilities.

Chapter 12 - The Chief Commissioner and Commissioner for Persons with Disabilities

57. Appointment of Chief Commissioner for persons with disabilities

The Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act.

A person shall not be qualified for the appointment as the Chief Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.

The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner shall be such as may be prescribed by the Central Government.

The Central Government shall determine the nature and categories of officers and other employees require to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit.

The officers and other employees provided to assist the Chief Commissioner shall discharge of their functions under the general superintendence of the Chief Commissioner.

The salary and allowances and other conditions of service of officers and employees provided to the Chief Commissioner shall be such as may be prescribed by the Central Government.

58. Functions of the Chief Commissioner

The Chief Commissioner shall

• co-ordinate the work of the Commissioners;
• monitor the utilization of funds disbursed by the Central Government;
• take steps to safeguard the rights and facilities made available to persons with disabilities;
• submit reports to the Central Government on the implementation of the Act at such intervals as that Central Government may prescribe.

59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities

Without prejudice to the provisions of Section 58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to

• deprivation of rights of persons with disabilities;
• non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights for persons with disabilities,
• and take up the matter with the appropriate authorities.

60. Appointment of Commissioners for Persons with disabilities

Every State Government may, by notification, appoint a Commissioner for persons with disabilities for the purposes of this Act.

A person shall not be qualified for the appointment as the Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.

The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Commissioner shall be such as may be prescribed by the State Government.

The State Government shall determine the nature and categories of officers and other employees require to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit.

The officers and other employees provided to assist the Commissioner shall discharge of their functions under the general superintendence of the Commissioner.

The salary and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may be prescribed by the State Government.

61. Powers of the Commissioner

The Commissioner within the State shall

• co-ordinate with the departments of the State Government for the programs and schemes for the benefit of persons with disabilities;
• monitor the utilization of funds disbursed by the State Government;
• take steps to safeguard the rights and facilities made available to persons with disabilities;
• submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.

62. Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities

Without prejudice to the provisions of Section 61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to

• deprivation of rights of persons with disabilities;
• non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights for persons with disabilities,
• and take up the matter with the appropriate authorities.

63. Authority and officers to have certain powers of Civil Court

The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:

• summoning and enforcing the attendance of witnesses;
• requiring the discovery and production of any document;
• requisitioning any public record or copy thereof from any Court or office;
• receiving evidence on affidavit; and
• issuing commissions for the examination of witnesses or documents

Every proceeding before the Chief Commissioner and Commissioners shall be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Chief Commissioner, the Commissioner, the competent authority, shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (2 of 1974).

64. Annual Report to be prepared by the Chief Commissioner

The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government.

The Central Government shall cause the annual report to be laid before each House of the Parliament along with the recommendations explaining the action taken or action proposed to be taken on the recommendation made therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.

65. Annual Report to be prepared by the Commissioners

The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government.

The State Government shall cause the annual report to be laid before each House of State Legislature along with the recommendations explaining the action taken or action proposed to be taken on the recommendation made therein in so far as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.

Chapter 13 - Social Security

66. Appropriate Governments and the local authorities to undertake rehabilitation

The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities.

For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-governmental organizations. The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-governmental organizations working for the cause of persons with disabilities.

67. Insurance scheme for employees with disabilities

The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.

Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.

68. Unemployed allowance

The appropriate Governments shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not be placed in any gainful occupation.

Chapter 14 - Miscellaneous

69. Punishment for fraudulently availing any benefit meant for persons with disabilities

Whoever, fraudulently avails or attempts to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both.

70. Chief Commissioner, Commissioners, officers and other staff to be public servants

The Chief Commissioner, Commissioners, officers and other staff provided to them shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860)

71. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made there under.

72. Act to be addition to and not in derogation of any other law

The provisions of this Act, or the rules made there under shall be in addition to, and not in derogation of any other law for the time being in force or any rules, orders or any instructions issued there under, enacted or issued for the benefit of the persons with disabilities.

73. Power of appropriate Government to make rules

The appropriate Government may, by notification, make rules for carrying out the provisions of the Act.

In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:

• the manner in which a State Government or a Union territory shall be chosen under Clause (k) of sub-section (2) of Section 3;
• allowances which members shall receive under sub-section(7) of Section 4;
• rules of procedure which the Central Co-ordination Committee shall observe in regard to the transaction of business in its meetings under Section 7;
• such other functions which the Central Co-ordination Committee shall may perform under Clause (h) of sub-section(2) of Section 8;
• the manner in which a State Government or a Union territory shall be chosen under Clause (h) of sub-section (2) of Section 9;
• allowances which members shall receive under sub-section(3) of Section 9;
• rules of procedure which the Central Executive Committee shall observe in regard to the transaction of business in its meetings under Section 11;
• the manner and purposes for which a person may be associated under sub-section(1) of Section 12;
• fees and allowances which a person associated with the Central Executive Committee shall receive under sub-section(3) of Section 12;
• allowances which members shall receive under sub-section(7) of Section 14;
• rules of procedure which the State Co-ordination Committee shall observe in regard to the transaction of business in its meetings under Section 17;
• such other functions which the State Co-ordination Committee shall may perform under Clause (g) of sub-section(2) of Section 18;
• allowances which members shall receive under sub-section(3) of Section 19;
• rules of procedure which the State Executive Committee shall observe in regard to the transaction of business in its meetings under Section 21;
• the manner and purposes for which a person may be associated under sub-section(1) of Section 22;
• fees and allowances which a person associated with the State Executive Committee shall receive under sub-section(3) of Section 22;
• information or return which the employer in every establishment should furnish and the Special Employment Exchange to which such information or return shall be furnished under sub-section(1) of Section 34;
• the form and manner in which record shall be maintained by an employer under sub-section(1) of Section 37;
• the form and manner in which an application shall be made under sub-section(1) of Section 52;
• the manner in which an order of refusal shall be communicated under sub-section(2) of Section 52;
• facilities or standards required to be provided or maintained under sub-section(3) of Section 52;
• the period for which a certificate of registration shall be valid under Clause (a) of sub-section (4) of Section 52;
• the form in which a certificate of registration shall be granted under Clause (c) of sub-section (4) of Section 52;
• period within which an appeal shall lie under sub-section (1) of Section 54;
• the manner in which an institution for persons with severe disabilities shall be maintained and conditions which have to be satisfied under sub-section (3) of Section 56;
• the salary, allowances and other terms and conditions of service of the Chief Commissioner under sub-section(3) of Section 57;
• the salary, allowances and other terms and conditions of service of officers and employees under sub-section (6) of Section 57;
• intervals at which the Chief Commissioner shall report to the Central Government under Clause (d) of Section 58;
• the salary, allowances and other terms and conditions of service of the Commissioner under sub-section(3) of Section 60;
• the salary, allowances and other terms and conditions of service of officers and employees under sub-section (6) of Section 60;
• intervals within which the Commissioner shall report to the State Government under Clause (d) of Section 61;
• the form and time in which annual report shall be prepared under sub-section (1) of section 64;
• the form and time in which annual report shall be prepared under sub-section (1) of section 65;
• any other matter which is required to be or may be prescribed.

Every notification made by the Central Government under die proviso to section 33, proviso to sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1) of section 38. section 42, section 43, section 67, section 68 and every rule made by it under sub-section (1). shall be laid. as soon as may be after it is made, before each House of Parliament, while it is in session for a tow period of thirty days which may be comprised in one session or in two or more successive sessions, and if. before the expiry of the session immediately following the session or the successive sessions aforesaid, berth Houses agree in making any modification in the rule, notification or scheme, both Houses agree that the rule, notification or scheme should not be made, the rule, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Notification or scheme, as the case may be.

Every notification made by the State Government under the provision to section 33 proviso to sub-section (2) of section 47, every scheme made by it under section 27, section 30, sub-section (1) of section 38, section 42. section 43, section 67. section 68 and every rule made by it under sub-section (1), shall be laid. as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House before that House.

74. In section 12 of the Legal Services Authorities Act. 1987, for clause (d), the following clause shall he substituted, namely:

"(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act. 1995."