PERSONS WITH DISABILITIES ACT, 1995
(EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND
FULL PARTICIPATION) ACT, 1995
The following Act of
Parliament received the assent of the President on the 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.
Be it enacted by
Parliament in the Forty-sixth Year of the Republic of India as follows:-
Chapter I Preliminary
Chapter II The Central Coordination Committee
Chapter III The State
Coordination Committee
Chapter IV Prevention
and Early Detection Of Disabilities
Chapter V Education
Chapter VI Employment
Chapter VII
Affirmative Action
Chapter VIII Non -
Discrimination
Chapter IX Research and
Manpower Development
Chapter X Recognition
Of Institutions For Persons With Disabilities
Chapter XI
Institution For Persons With Severe Disabilities
Chapter XII The Chief
Commissioner And Commissioners For Persons
Chapter XIII Social
Security
Chapter XIV
Miscellaneous
CHAPTER I :
PRELIMINARY
1. (i)
This Act may be called the Persons With Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995.
(ii) It extends to the whole of India except the State of Jammu and Kashmir.
(iii) It shall come into force on such date as the Central Government may by notification, appoint.
2.
In this Act, unless the context otherwise requires,
(a) "Appropriate Government" means,
(i) In relation to
the Central Government or any establishment wholly or substantially financed by
that Government, or a Cantonment Board constituted under the Cantonment Act
1924, the Central Government.
(ii) 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.
(iii) In respect of
the Central Co-ordination Committee and the Central Executive Committee, the
Central Government.
(iv) In respect of
the State Co-ordination Committee and the State Executive Committee, the State
Government.
(b) "Blindness" refers to a condition where a person suffers from
any of the following conditions, namely:-
(i)
Total absence of sight or
(ii) Visual acuity
not exceeding 6160 or 201200 (snellen) in the better eye with correcting
lenses;
(iii) Limitation of
the field of vision subtending an angle of 20 degree or worse;
(c) Competent
authority" means the authority appointed under section 50;
(i) "Disability" means (I) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor disability;
(vi) Mental retardation;
(vii) Mental illness;
CHAPTER II : THE
COORDINATION COMMITTEE
(1) 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.
(2) The Central Co-ordination Committee shall consist
of-
(a) The Minister in charge of the
Department of Welfare in the Central Government, Chairperson, ex official;
(b) The Minister of State in-charge of
the Department of Welfare in the Central Government, Vice-Chairperson, ex official;
(c) Secretaries to the Government of
India 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, Members, ex officio;
(3) The office of the Member of the Central
Co-ordination Committee shall not disqualify its holder for being chosen as or
for being a Member of either House of Parliament.
4. Save as
otherwise provided by or under this Act a Member of 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, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
6. If a Member of the Central Coordination Committee
becomes subject to any of the disqualifications
specified in section 5, his scat shall become vacant.
7. The Central Executive Committee shall meet at least
once in 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.
CHAPTER III : THE STATE COORDINATION
COMMITTEE
1. Every State
Government shall, by notification, constitute a body to be known as the State
Coordination Committee to
exercise the powers conferred on, and to perform the function assigned to it,
under this Act.
2. A casual vacancy
in the State Coordination 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.
3. A Member nominated under clause (f) and
clause (h) of sub-section (2) of section 13 shall be
eligible for renomination.
4. Members
nominated under clause (f) and clause (h) of sub-section (2) of section13 shall
receive such allowances as may he prescribed by the State Government.
CHAPTER IV : PREVENTATION AND EARLY
DETECTION OF DISABILITIES
DETECTION OF DISABILITIES
1. Within the
limits of their economic capacity and development, the appropriate Governments
and the local authorities, with a view to preventing the occurrence of
disabilities, shall-
(a) Undertake or cause to be undertaken
surveys, investigations and research concerning the cause of occurrence of
disabilities;
(b) Promote various methods of preventing disabilities;
(c) Screen all the children at least once
in a year for the purpose of identifying "at-risk" cases;
CHAPTER V : EDUCATION
1. The appropriate
Governments and the local authorities shall-
(a) Ensure that every child with a disability
has access to free education in an appropriate environment till he attains the
age of eighteen years;
(b) Endeavour to promote the integration of
students with disabilities in the normal schools;
(c) Promote setting up 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;
(d) Endeavour to equip the special schools
for children with disabilities with vocational training facilities.
2. The appropriate
Governments shall initiate or cause to be initiated research by official and
non-governmental agencies for the purpose of designing and developing new
assistive devices, teaching aids, special teaching materials or such other
items as are necessary to give a child with disability equal opportunities in
education.
3. The appropriate
Governments shall set up adequate number of teachers' training institutions and
assist the national institutes and other voluntary organizations to develop
teachers' training
programmes specializing in
disabilities so that requisite trained manpower is available for special
schools and integrated schools
for children with disabilities.
CHAPTER VI :
EMPLOYMENT
1. Appropriate
Governments shall--
(a) Identify posts, in the establishments,
which can be reserved for the persons with disability;
(b) 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.
2. Every
appropriate Government shall appoint in every establishment such percentage of
vacancies not less than three per cent. for persons or class of persons with
disability of which one per cent. Each shall be reserved for persons suffering
from-
(i) Blindness or low vision;
(ii) Bearing impairment;
(iii) Loco motor 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, exempt any establishment from the provisions of
this section.
3. 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 and 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 any information.
4. (i) Every employer
shall maintain such record in relation to the person. With disability employed in
his establishment in such form and in such manner as may be prescribed by the
appropriate Government.
(ii) 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 general or special order by the
appropriate Government.
CHAPTER VII :
AFFIRMATIVE ACTION
1. The appropriate
Governments shall by notification make schemes to provide aids and appliances
to
persons with disabilities.
2. The appropriate
Governments and local authorities shall by notification frame schemes in favor
of persons with disabilities, for the preferential allotment of land at
concession] rates for-
(a) House;
(b) Setting up business;
(c) Setting up of special
recreation centers;
(d) Establishment of special
schools;
(e) Establishment of research
centers;
(f) Establishment of factories by
entrepreneurs with disabilities
CHAPTER VIII :
NON-DISCRIMINATION
1. 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-
(a) Adapt rail compartments,
buses. Vessels and aircrafts in such a way as to permit easy access to such persons;
(b) Adapt toilets in rail
compartments, vessels, aircrafts and waiting rooms in such a way as to permit the
wheel chair users to use them conveniently.
CHAPTER IX : RESEARCH
AND MANPOWER DEVELOPMENT
1. The appropriate
Governments and local authorities shall promote and sponsor research, inter
alia,, in the following areas-
(a) Prevention of disability;
(b) Rehabilitation including
community based rehabilitation;
(c) Development of assistive
devices including their psychosocial aspects;
(d) Job identification;
(e) On site modifications in
offices and factories.
CHAPTER X :
RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES
1. The State
Government shall appoint any authority, as it deems fit to be a competent
authority for the purposes of this Act.
CHAPTER XI :
INSTITUTION FOR PERSONS WITH SEVERE DISABILITIES
1. 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.
.
CHAPTER XII : THE
CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES
1. The Central
Government may, by notification appoint a Chief Commissioner for persons with
disabilities for the purposes of
this Act.
2. A person shall
not be qualified for appointment as the Chief Commissioner unless he has
special knowledge or practical experience in respect of matters relating to
rehabilitation.
CHAPTER XIII : SOCIAL
SECURITY
1. 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.
2. For purposes of sub-section (1), the
appropriate Governments and local authorities shall grant
financial assistance to
non-governmental organizations.
CHAPTER XIV :
MISCELLANEOUS
1. 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.
2. The Chief
Commissioner, the Commissioners and other officers and staff provided to them
shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code.
G. MORRIS EDITED BY:
III. BSW SANDANA
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