PERSON WITH DISABILITY

( Equal Opportunities, Protection of Rights and Full Participation)

 ACT - 1995

IMPLEMENTATION OF P.W.D. ACT 1995

The meeting to launch Asian an Pacific Decade of the Disables Persons 1993 -2002 convened by the economic and Social Commissioner for Asia and Pacific held at Beijing adopted the proclamation on the full participation and equality of peoples with disabilities in the region. To implement the proclamation, an act-persons with disabilities  (Equal Opportunities, Protection of Rights and Full Participation) Act-1995 was enacted by the Parliament of Republic of India which is being implemented in all the Sates except the State of J & K.

The Act is also being implemented in the State of Punjab and the Department being entrusted with the economic aspect of the Act relating to 11 important Sections i.e. Sections 32 to 41 and 68. All the Sections  are in the advanced stage of implementation and the process being monitored. More than 10,000 Physically Handicapped  candidates are registered with the Department. As per the directions given by the Honable High Court of Punjab & Haryana, all the departments are in the process of clearing their backlog related to 3% reserved vacancies meant for Physically Handicapped candidates. It is heartening to know that in the year 1999-2000, 154 vacancies reserved for P.H. were notified to the Department, against which 1070 candidates were submitted. Records of 507 employers were checked to get details about the backlog related to P.H. vacancies in the year 1999-2000.

CHAPTER VI

Employment

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

32. 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.

Reservation of posts.

33. 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 posts of which one per cent each shall be reserved for persons suffering from:

(i) blindness or low vision;

(ii) hearing impairment;

(iii) 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 he specified in such notification, exempt any establishment from the provisions of this section.

Special Employment Exchange

.34. The appropriate Government may, by notification, require that from such date as may be specified, by notification, the employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with disability 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.

(2) 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.

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

35. Any person authorised 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.

36. Where in any recruitment year any vacancy under section 33. cannot he filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it may 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 can not be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

Employers to maintain records.

37. (1) 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.

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

Schemes for ensuring employment of persons with disabilities.

38. (1) The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for:

(a) the training and welfare of persons with disabilities;

(b) the relaxation of upper age limit;

(c) regulating the employment;

(d) health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;

(e) the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and

(f) constituting the authority responsible for the administration of the scheme.

All educational institutions to reserve seats for persons with disabilities.

39. 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.

Vacancies to be reserved in poverty alleviation schemes.

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

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

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

Unemployment allowance.

68. 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.

FORM DPER -I

 (DISABLED PERSONS EMPLOYED RETURN)

(SEE RULE 37)

Quarterly return to be submitted to the Special Employment Exchange for Quarter ending ……………………………………………

Name of the Employer and Address                                      …………………………………………………………………………..

                Whether               Head Office                                …………………………………………………………………………..

                                             Branch Office                             …………………………………………………………………………..

Nature of Business/ Principal activity                                    …………………………………………………………………………..

1(a)            EMPLOYMENT

Total number of persons including proprietors/ partners/ commission agents/ contingent paid and contractual workers on the pay roll of the Establishment excluding Part-time workers and Apprentices (The figures should include every person whose wages or salary is paid by the establishment).

                                On the last day of the previous Quarter                                      On the last day of the Quarter under report

                   Orthopaedically       Visually                  Hearing                    Orthopaedically        Visually                 Hearing

                   handicapped            handicapped            handicapped            handicapped              handicapped         handicapped

MEN

WOMEN

TOTAL

(b)           Please indicate the main reasons for any increase or decrease in employment if the increase or decrease is more than 5% during the quarter.

2.             VACAINCIES:

Vacancies carrying total emoluments as per prevailing minimum wage per month and of over three months duration.

(a)            Number of vacancies occurred an notified during the quarter and the number filled during the quarter (Separate figures may be given for men with disability and women with disability).

Number of vacancies with come within the purview of the Act

Occurred                             Notified                              Filled                   Sources (Described source from which filled)

                Special Employment Exchange

                General Employment Exchange

                Others

(b)           Reasons for riot notifying all vacancies occurred during the quarter under report vide 2(a) above

3.             MANPOWER SHORTAGE

Vacancies/ posts unfilled because of shortage of suitable applicants

Name of the occupation                                                     Number of unfilled vacancies/ posts Disability wise

Essential qualification                  Essential experience                        Experience not necessary

Please list may other occupations for which this establishment had recently any difficulty in obtaining suitable applicants

Dispatch No. …………………………

Signature of employer

To

The District Employment Officer

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Note        This return relates to quarters ending 31th March / 30th June / 30th September and 31December and shall be rendered to the local Employment Exchange within thirty days after the end of the quarter concerned.