The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Chhattisgarh · state statute

Open in Lexace · Ask the AI about this act

THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF
RIGHTS AND FULL PARTICIPATION) ACT, 1995
________________

ARRANGEMENT OF SECTIONS
________________

CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.

CHAPTER II
THE CENTRAL COORDINATION COMMITTEE
3. Central Coordination Committee.
4. Term of office of Members.
5. Disqualifications.
6. Vacation of seats by Members.
7. Meetings of the Central Coordination Committee.
8. Functions of the Central Coordination Committee.
9. Central Executive Committee.
10. Functions of the Central Executive Committee.
11. Meetings of the Central Executive Committee.
12. Temporary association of persons with Central Executive Committee for particular purposes.

CHAPTER III
THE STATE COORDINATION COMMITTEE
13. State Coordination Committee.
14. Terms and conditions of service of Members.
15. Disqualifications.
16. Vacation of seats.
17. Meetings of the State Coordination Committee.
18. Functions of the State Coordination Committee.
19. State Executive Committee.
20. Functions of the State Executive Committee.
21. Meetings of the State Executive committee.
22. Temporary association of persons with State Executive Committee for particular purposes.
23. Power to give directions.
24. Vacancies not to in validate proceedings.
2

CHAPTER IV
PREVENTION AND EARLY DETECTION OF DISABILITIES
SECTIONS
25. Appropriate Governments and local authorities to take certain steps for the prevention of
occurrence of disabilities.

CHAPTER V
EDUCATION
26. Appropriate Governments and local authorities to provide children with disabilities free
education, etc.
27. Appropriate Governments and local authorities to make schemes and programmes for non-formal
education, etc.
28. Research for designing and developing new assistive devices, teaching aids, etc.
29. Appropriate Governments to set up teachers’ training institutions 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.
31. Educational institutions to provide amanuensis to students with visual handicap.

CHAPTER VI
EMPLOYMENT
32. Identification of posts which can be reserved for persons with disabilities.
33. Reservation of posts.
34. Special Employment Exchange.
35. Power to inspect record or document in possession of any establishment.
36. Vacancies not filled up to be carried forward.
37. Employers to maintain records.
38. Schemes for ensuring employment of persons with disabilities.
39. All educational institutions to reserve seats for persons with disabilities.
40. Vacancies to be reserved in poverty alleviation schemes.
41. Incentives to employers to ensure five per cent. of the work force is composed of persons with
disabilities.

CHAPTER VII
AFFIRMATIVE ACTION
42. Aids and appliances to persons with disabilities.
43. Schemes for preferential allotment of land for certain purposes.

CHAPTER VIII
NON-DISCRIMINATION
SECTIONS
44. Non-discrimination in transport.
45. Non-discrimination on the road.
46. Non-discrimination in the built environment.
47. Non-discrimination in Government employment.

CHAPTER IX
RESEARCH AND MANPOWER DEVELOPMENT
48. Research.
49. Financial incentives to Universities to enable them to undertake research.

CHAPTER X
RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES
50. Competent authority.
51. No person to establish or maintain an institution for persons with disabilities except in accordance
with a certificate of registration.
52. Certificate of registration.
53. Revocation of certificate.
54. Appeal.
55. Act not to apply to institutions established or maintained by the Central or State Government.

CHAPTER XI
INSTITUTION FOR PERSONS WITH SEVERE DISABILITIES
56. Institutions for persons with severe disabilities.
CHAPTER XII
THE CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES
57. Appointment of Chief Commissioner for persons with disabilities.
58. Functions of the Chief Commissioner.
59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with
disabilities.
60. Appointment of Commissioners for persons with disabilities.
61. Powers of the Commissioner.
62. Commissioner to look into complaints with respect to matters relating to deprivation of rights of
persons with disabilities.
63. Authorities and officers to have certain powers of civil court.
64. Annual report to be prepared by the Chief Commissioner.
65. Annual reports to be prepared by the Commissioners.
4

CHAPTER XIII
SOCIAL SECURITY
SECTIONS
66. Appropriate Governments and local authorities to undertake rehabilitation.
67. Insurance scheme for employees with disabilities.
68. Unemployment allowance.

CHAPTER XIV
MISCELLANEOUS
69. Punishment for fraudulently availing any benefit meant for persons with disabilities.
70. Chief Commissioners, Commissioners, officers and other staff to be public servants.
71. Protection of action taken in good faith.
72. Act to be in addition to and not in derogation of any other law.
73. Power of appropriate Government to make rules.
74. [Repealed.]

THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF
RIGHTS AND FULL PARTICIPATION) ACT, 1995
ACT 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 1st to 5th
December, 1992, adopted the Proclamation on 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 I
PRELIMINARY
1. Short title, extent and commencement .—(1) Thi s Act may be called the Persons With
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint.
2. Definitions.—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 tha t Government, or a Cantonment Board constituted under the Cantonment Act,
1924 (2 of 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 Coordination Committee and the Central Executive Com mittee,
the Central Government;
(iv) in respect of the State Coordination Committee and the State Executive C ommittee, 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 6/60 or 20/200 (snellen) in the better eye with correcting
lenses; or
(iii) limitation of the field of vision subtending an angle of 20 degree or worse;
(c) “Central Coordination Committee ” means the Central Coordination Committee constituted
under sub-section (1) of section 3;

1. 7th February , 1996, vide notification No. S.O. 107(E), dated 7th February , 1996, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).

(d) “Central Executive Committee ” means the Central Executive Committee constituted unde r
sub-section (1) of section 9;
(e) “cerebral palsy” means a group of non -progressive conditions of a person characterised by
abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-
natal or infant period of development;
(f) “Chief Commissioner ” means the Chief Commissioner appointed under sub-section ( 1) of
section 57;
(g) “Commissioner” means the Commissioner appointed under sub-section (1) of section 60;
(h) “competent authority” means the authority appointed under section 50;
(i) “disability” means—
(i) blindness;
(ii) low vision;
(iii) leprosy-cured;
(iv) hearing impairment;
(v) locomotor disability;
(vi) mental retardation;
(vii) mental illness;
(j) “employer” means,—
(i) 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
(ii) in relation to an establishment, the chief executive officer of that establishment;
(k) “establishment” means a corporation established by or under a Central, Provincial or State
Act, or an authority or a body owned or controlled or aided by the Government or a local authority or
a Government company as def ined in section 617 of the Companies Act, 1956 (1 of 1956) , and
includes Departments of a Government;
(l) “hearing impairment ” means loss of sixty decibels or more in the better year in the
conversational range of frequencies;
(m) “institution for persons with disabilities ” means an institution for the reception, care,
protection, education, training, rehabilitation or any other service of persons with disabilities;
(n) “leprosy-cured p erson” means any person who has been cured of leprosy but is suffering
from—
(i) 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;
(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to
enable them to engage in normal economic activity;
(iii) 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;
(o) “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;
(p) “medical authority” means any hospital or institution specified for the purposes of this Act by
notification by the appropriate Government;
7

(q) “mental illness” means any mental disorder other than mental retardation;
(r) “mental retardation” means a condition of arrested or incomplete development of mind of a
person which is specially characterised by subnormality of intelligence;
(s) “notification” means a notification published in the Official Gazette;
(t) “person with disability ” means a person suffering from not less than forty per cent. of any
disability as certified by a medical authority;
(u) “person with low vision ” means a person with impairment of visual functioning 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;
(v) “prescribed” means prescribed by rules made under this Act;
(w) “rehabilitation” refers to a process aimed at enabling persons with disabilities to reach and
maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;
(x) “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 reg isters or
otherwise, respecting—
(i) persons who seek to engage employees f rom amongst the perso ns suffering from
disabilities;
(ii) persons with disability who seek employment;
(iii) vacancies to which person with disability seeking employment may be appointed;
(y) “State Coordination Committee ” means the State Coordination Comm ittee constituted under
sub-section (1) of section 13;
(z) “State Executive Committee ” means the State Executive Committee constituted under
sub-section (1) of section 19.
CHAPTER II
THE CENTRAL COORDINATION COMMITTEE
3. Central Coordination Co mmittee.—(1) The Central Government shall by notification constitute
a body to be known as the Central Coordination Committee to exercise the powers conferred on, and to
perform the functions assigned to it, under this Act.
(2) The Central Coordination Committee shall consist of—
(a) the Minister in charge of the Department of Welfare in the Central Gover nment, Chairperson,
ex officio;
(b) the Minister of State in -charge of the Department of Welfare in the Central Government ,
Vice-Chairperson, ex officio;
(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;
(d) Chief Commissioner, Member, ex officio;
(e) Chairman Railway Board, Member, ex officio;
(f) Director-General of Labour, Employment and Training, Member, ex officio;
(g) Director, National Council for Educational Research and Training, Member, ex officio;
(h) three Members of Parliament, of whom two shall be elected by the House of the People and
one by the Council of States, Members;
8

(i) 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;
(j) Directors of the—
(i) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secundrabad;
(iii) National Institute for the Orthopaedically Handicapped, Calcutta;
(iv) Ali Yavar Jung National Institute for the Hearing Handicappe d, Bombay, Members,
ex officio;
(k) 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;
(l) five persons as far as practicable, being persons wi th disabilities, to represent non-
governmental organisations 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;
(m) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the
welfare of the handicapped, Member-Secretary, ex officio.
(3) The office of the Member of the Central Coordination Committee shall not disqualify its holder
for being chosen as or for being a Member of either House of Parliament.
4. Term of office of Members .—(1) Save as otherwise provided by or under this Act a Member of
Central Coordination 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.
(2) 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.
(3) 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 offic e after giving him a
reasonable opportunity of showing cause against the same.
(4) 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 Govern ment and the seat of the said
Member shall thereupon become vacant.
(5) A casual vacancy in the Central 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 th e term for which the
Member in whose place he was so nominated.
(6) A Member nominated under clause (i) or clause (l) of sub-section (2) of section 3 shall be eligible
for renomination.
(7) Members nominated under clause ( i) and clause ( l) of sub -section (2) of section 3 shall receive
such allowances as may be prescribed by the Central Government.
5. Disqualifications .—(1) No person shall be a Member of the Centra l Coordination Committee,
who—
(a) is, or at any time has been, adjudged insolvent or has suspe nded payment of his debts or has
compounded with his creditors, or
9

(b) is of unsound mind and stands so declared by a competent court, or
(c) is or has been convicted of an offence which, in the opinion of the Central Governmen t,
involves moral turpitude, or
(d) is or at any time has been convicted of an offence under this Act, or
(e) has so abused in the opinion of the Central Government his position as a Member as to render
his continuance in the Central Coordination Committee detrimental to the i nterests of the general
public.
(2) 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.
(3) 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 renomination as a Member.
6. Vacation of seats by M embers.—If a Member of the Central Coordination Committee becomes
subject to any of the disqualifications specified in section 5, his seat shall become vacant.
7. Meetings of the Central Coordination Commi ttee.—The Central Coordination Committee shall
meet at least once in every six months and shall observe such rules of procedure in r egard to the
transaction of business at its meetings as may be prescribed by the Central Government.
8. Functions of the Central Coordination Committee .—(1) Subject to the provisions of this Act,
the function of the Central Coordination 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 f oregoing, the Central Coordination
Committee may perform all or any of the following functions, namely:—
(a) review and coordinate the activities of all the Departments of Government and other
Governmental and non -Governmental Organisations which are deali ng with matters relatin g to
persons with disabilities;
(b) develop a national policy to address issues faced by persons with disabilities;
(c) advise the Central Government on the formulation of policies, programmes, legislation and
projects with respect to disability;
(d) take up the cause of persons with disabilities with the concerned authorities and the
international organisations 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;
(e) review in consultation with the donor agencies their funding policies from the perspective of
their impact on persons with disabilities;
(f) take such other steps to ensure barrier free environment in public places, work places, public
utilities, schools and other institutions;
(g) monitor and evaluate the impact of policies and programmes designed for achieving equality
and full participation of persons with disabilities;
(h) to perform such other functions as may be prescribed by the Central Government.
9. Central Executive Committee .—(1) The Central Government shall constitute a Committee to be
known as the Central Executive Committee to perform the functions assigned to it under this Act.
(2) The Central Executive Committee shall consist of—
(a) the Secretary to the Government of India in the Ministry of Welfare, Chair-person, ex officio;
(b) the Chief Commissioner, Member, ex officio;
(c) the Director-General for Health Services, Member, ex officio;
10

(d) the Director-General, Employment and Training, Member, ex officio;
(e) 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 T echnology, Members,
ex officio;
(f) the Financial Advisor, Ministry of Welfare in the Central Government, Member, ex officio;
(g) Advisor (Tariff) Railway Board, Member, ex officio;
(h) four members to be nominated by the Central Government, by rotation, to represent the State
Governments and the Union territories in such manner as may be prescr ibed by the Central
Government;
(i) 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;
(j) five persons, as far as practicable, being persons with disabilities, to represent non -
governmental organisations 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;
(k) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare
of the handicapped, Member-Secretary, ex officio.
(3) Members nominated under clause ( i) and clause ( j) of sub -section ( 2) shall receive such
allowances as may be prescribed by the Central Government.
(4) 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 t he Central Government and the se at of the said Member
shall thereupon become vacant.
10. Functions of t he Central Executive Committee .—(1) The Central Executive Committee shall
be the executive body of the Central Coordination Committee and shall be responsible for carrying out the
decisions of the Central Coordination Committee.
(2) 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 Coordination Committee.
11. Meetings of t he Central Executive Committee .—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.
12. Temporary association of persons with Central Executive Com mittee for particular
purposes.—(1) The Central Executive Committee may associate with itself in such manner 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.
(2) 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.
(3) 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 III
THE STATE COORDINATION COMMITTEE
13. 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) the State Coordination Committee shall consist of—
(a) The Minister in -charge of the Department of Social Welfare in the State Gover nment,
Chairperson, ex officio;
(b) the Minister of State in-charge of the Department of Social Welfare, if any, Vice-Chairperson,
ex officio;
(c) 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, Public Enterprises, by whatever name called, Members, ex officio;
(d) Secretary of any other Department which the State Government considers necessary, Member,
ex officio;
(e) Chairman Bureau of Public Enterprises (by whatever name called) Member, ex officio;
(f) five persons, as far as practicable, being persons with disabilities, to represent non -
governmental organisations 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;
(g) three Members of State Legislature, of whom two shall be elected by the Legislative
Assembly and one by the Legislative Council, if any;
(h) three persons to be nominated by that State Government to represent agriculture, indus try or
trade or any other interest, which in the opinion of State Government ought to be re presented,
Members, ex officio;
(i) the Commissioner, Member, ex officio;
(j) Secretary to the State Government dealing with the welfare of the handicapped , Member -
Secretary, ex officio.
(3) Notwithstanding anything contained in this section, no State Coordination Committee shall be
constituted for a Union territory and in relation to a Union territory, the Central Coordination Committee
shall exercise the f unctions and perform the functions of a State Coordination Com mittee for the Union
territory:
Provided that in relation to a Union territory, the Central Coordination Committee may delegate all or
any of its powers and functions under this sub -section to s uch person or body of persons as the Central
Government may specify.
14. Terms and conditions of service of Members.—(1) Save as otherwise provided by or under this
Act, a Member of a State Coordi nation 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 enters upon his office.
(2) 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.
12

(3) 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 cause against the same.
(4) A Member nominated under clause ( f) or clause ( h) of sub -section (2) of section 13 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.
(5) 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.
(6) A Member nominated under clause ( f) and clause ( h) of sub -section ( 2) of section 13 shal l be
eligible for renomination.
(7) Members nominated under clause ( f) and clause ( h) of sub-section (2) of section 13 shall receive
such allowances as may be prescribed by the State Government.
15. Disqualifications .—(1) No person shall be a Member of the St ate Coordination Committee,
who—
(a) is, or at any time, has been adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is or has been convicted of an offence which in the opinion of the State Government involves
moral turpitude, or
(d) is or at any time has been convicted of an offence under this Act, or
(e) has so abused, in the opinion of the State Government, his position as a member as to render
his continuance in the State Coordination Committee detrimental to the interests of the general public.
(2) 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.
(3) 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 renomination as a Member.
16. Vacation of seats.—If a Member of the State Coordination Committee becomes subject to any of
the disqualifications specified in section 15, his seat shall become vacant.
17. Meetings of th e State Coordination Committee .—The State Coordination 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 Coordination Committee.—(1) Subject to the provisions of this Act, the
function of the State Coo rdination 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.
(2) In particular and without prejudice to the generality of the foregoing function the State
Coordination Committee may, within the State perform all or any of the following functions, namely:—
(a) review and coordinate the activities of all the Departments of Government and other
Governmental and non -Governmental Organisations which are dealing with matters relatin g to
persons with disabilities;
(b) develop a State policy to address issues faced by persons with disabilities;
(c) advise the State Government on the formulation of policies, progra mmes, legislation and
projects with respect to disability;
13

(d) review, in consultation with the donor agencies, their funding policies from the perspective of
their impact on persons with disabilities;
(e) take such other steps to ensure barrier free envir onment in public places, work places, public
utilities, schools and other institutions;
(f) monitor and evaluate the impact of policies and programmes designed for achieving equality
and full participation of persons with disabilities;
(g) to perform such other functions as may be prescribed by the State Government.
19. State Executive Committee .—(1) The State Government shall constitute a committee to be
known as the State Executive Committee to perform the functions assigned to it under this Act.
(2) The State Executive Committee shall consist of—
(a) the Secretary, Department of Social Welfare, Chairperson, ex officio;
(b) the Commissioner, Member, ex officio;
(c) nine persons not below the rank of a Joint Secretary to the State Government, to represent t he
Departments of Health, Finance, Rural Development, Education, Welfare, Personnel Public
Grievances, Urban Affairs Labour and Employment, Science and Technology, Members, ex officio;
(d) 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;
(e) five persons, as far as practicable being persons with disabilities, to represent non -
governmental organisations 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;
(f) Joint Secretary dealing with the disability division in the Department of Welfare , Member-
Secretary, ex officio.
(3) Members nominated under clause ( d) and clause ( e) of sub -section ( 2) shall receive such
allowances as may be prescribed by the State Government.
(4) A Member nominated under clause ( d) or clause ( e) 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.—(1) The State Executive Committee shall be the
executive body of the State Coor dination Committee and shall be responsible for carrying out the
decisions of the State Coordination Committee.
(2) Without prejudice to the provisions of sub -section (1), the State Executive Committee shall also
perform such other functions as may be delegated to it by the State Coordination Committee.
21. Meetings of the State Executive Committee .—The State 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 State Government.
22. Temporary association of persons with State Executive Com mittee for particular
purposes.—(1) The State Executive Committee may associate with itself in such manner 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.
(2) A person associated with the State 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.
14

(3) A person associated wit h the said Committee under sub -section (1) for any purpos e 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,—
(a) the Central Coordination Committee shall be bound by such directions in writing, as t he
Central Government may give to it; and
(b) the State Coordination Committee shall be bound by such directions in writing, as the Central
Coordination Committee or the State Government may give to it:
Provided that where a direction given by the State Government is inconsistent with any direction
given by the Central Coordination Committee, the matter shall be referred to the Centr al Government for
its decision.
24. Vacancies not to invalidate proceedings .—No act or proceeding of the Central Coordination
Committee, the Central Executive Committee, a State Coordination 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.
CHAPTER IV
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 limits of their economic capacity and development, the
appropriate Governments and the local authorities, with a view to preventing the occ urrence 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;
(d) provide facilities for training to the staff at the primary health centres;
(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be
disseminated information for general hygiene, health and sanitation;
(f) take measures for pre-natal, perinatal and post-natal care of mother and child;
(g) educate the p ublic through the pre -schools, schools, primary health centres, village level
workers and anganwadi workers;
(h) 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 V
EDUCATION
26. Appropriate Governments and local authorities to provide children with di sabilities free
education, etc.—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 priv ate sector for those in need of
special education, in such a manner that children with disabilities living in any part of the count ry
have access to such schools;
15

(d) endeavour to equip the special schools for children with disabilities with vocational training
facilities.
27. Appropriate Governments and local authorities to make schemes and programmes for non -
formal education, etc .—The appropriate Governments and the local authorities shall by notification
make schemes for—
(a) 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;
(b) conducting special part -time classes for providing functional literacy for children in the age
group of sixteen and above;
(c) imparting non-formal education by utilizing the available manpower in rural areas after giving
them appropriate orientation;
(d) imparting education through open schools or open universities;
(e) conducting class and discussions through interactive electronic or other media;
(f) providing every child with disability free of cost special books and equip ments needed for his
education.
28. Research for designing and developing new assisti ve devices, teaching aids, etc .—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 neces sary to give a child with disability eq ual opportunities
in education.
29. Appropriate Governments to set up teachers’ training institutions to develop trained
manpower for schools for children with disabilities .—The appropriate Governments shall set up
adequate number of teachers ’ training institutions and assist the national institutes and other voluntary
organisations to develop teachers’ training programmes specialising in disabilities so that requisite trained
manpower is available for special schools and integrated schools for children with disabilities.
30. Appropriate Governments to prepare a comprehensive education scheme providing for
transport fa cilities, supply o f books, etc .—Without prejudice to the foregoing provisions, the
appropriate Governments shall by notification prepare a comprehensive education scheme which shall
make provision for—
(a) transport facilities to the children with disabilities or in the alt ernative financial incentives to
parents or guardians to enable their children with disabilities to attend schools;
(b) the removal of archi tectural barriers from schools, colleges or other institutions imparting
vocational and professional training;
(c) t he supply of books, uniforms and other materials to children with disabilities attending
school;
(d) the grant of scholarship to students with disabilities;
(e) setting up of appropriate fora for the redressal of grievances of parents regarding the
placement of their children with disabilities;
(f) suitable modification in the examination system to eliminate purely mathematical questions for
the benefit of blind students and students with low vision;
(g) restructuring of curriculum for the benefit of children with disabilities;
(h) restructuring the curriculum for benefit of students with hearing impairment to facilitate them
to take only one language as part of their curriculum.
31. Educational institutions to provide amanuensis to students with visual handicap .—All
educational institutions shall provide or cause to be provided amanuensis to blind students a nd students
with or low vision.
16

CHAPTER VI
EMPLOYMENT
32. Identification of posts which can be reserved for persons with disabi lities.—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.
33. Reservation of posts.—Every appropriate Government shall appoint in every establishm ent 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) 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, a s may be specified in
such notification, exempt any establishment from the provisions of this section.
34. Special Employment Exchange.—(1) 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.
35. Power to inspect record or document in p ossession of any establishment .—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 ma y 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. Vacancies not f illed up 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 in the succeeding recruitment y ear 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
cannot be employed, the vacancies may be interchanged among the three categories with the prior
approval of the appropriate Government.
37. Employers t o maintain records.—(1) Every employer shall maintain such record in relation to
the person with disability employed in his establishment in such form and in s uch manner as may be
prescribed by the appropriate Government.
(2) The records m

Excerpt shown. Open the full act in Lexace.

‹ Prev All Chhattisgarh acts Next ›