LexThe Rights of Persons with Disabilities Act, 2016.
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THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and commencement.
2. Definitions.
CHAPTER II
RIGHTS AND ENTITLEMENTS
3. Equality and non-discrimination.
4. Women and children with disabilities.
5. Community life.
6. Protection from cruelty and inhuman treatment.
7. Protection from abuse, violence and exploitation.
8. Protection and safety.
9. Home and family.
10. Reproductive rights.
11. Accessibility in voting.
12. Access to justice.
13. Legal capacity.
14. Provision for guardianship.
15. Designation of authorities to support.
CHAPTER III
EDUCATION
16. Duty of educational institutions.
17. Specific measures to promote and facilitate inclusive education.
18. Adult education.
CHAPTER IV
SKILL DEVELOPMENT AND EMPLOYMENT
19. Vocational training and self-employment.
20. Non-discrimination in employment.
21. Equal opportunity policy.
22. Maintenance of records.
23. Appointment of Grievance Redressal Officer.
CHAPTER V
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION
24. Social security.
25. Healthcare.
26. Insurance schemes.
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SECTIONS
27. Rehabilitation.
28. Research and development.
29. Culture and recreation.
30. Sporting activities.
CHAPTER VI
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES
31. Free education for children with benchmark disabilities.
32. Reservation in higher educational institutions.
33. Identification of posts for reservation.
34. Reservation.
35. Incentives to employers in private sector.
36. Special employment exchange.
37. Special schemes and development programmes.
CHAPTER VII
SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS
38. Special provisions for persons with disabilities with high support.
CHAPTER VIII
DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS
39. Awareness campaigns.
40. Accessibility.
41. Access to transport.
42. Access to information and communication technology.
43. Consumer goods.
44. Mandatory observance of accessibility norms.
45. Time limit for making existing infrastructure and premises accessible and action for that purpose.
46. Time limit for accessibility by service providers.
47. Human resource development.
48. Social audit.
CHAPTER IX
REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH
INSTITUTIONS
49. Competent authority.
50. Registration.
51. Application and grant of certificate of registration.
52. Revocation of registration.
53. Appeal.
54. Act not to apply to institutions established or maintained by Central or State Government.
55. Assistance to registered institutions.
CHAPTER X
CERTIFICATION OF SPECIFIED DISABILITIES
56. Guidelines for assessment of specified disabilities.
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SECTIONS
57. Designation of certifying authorities.
58. Procedure for certification.
59. Appeal against a decision of certifying authority.
CHAPTER XI
CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE
60. Constitution of Central Advisory Board on Disability.
61. Terms and conditions of service of members.
62. Disqualifications.
63. Vacation of seats by Members.
64. Meetings of the Central Advisory Board on disability.
65. Functions of Central Advisory Board on disability.
66. State Advisory Board on disability.
67. Terms and conditions of service of Members.
68. Disqualification.
69. Vacation of seats.
70. Meetings of State Advisory Board on disability.
71. Functions of State Advisory Board on disability.
72. District-level Committee on disability.
73. Vacancies not to invalidate proceedings.
CHAPTER XII
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
74. Appointment of Chief Commissioner and Commissioners.
75. Functions of Chief Commissioner.
76. Action of appropriate authorities on recommendation of Chief Commissioner.
77. Powers of Chief Commissioner.
78. Annual and special reports by Chief Commissioner.
79. Appointment of State Commissioner in States.
80. Functions of State Commissioner.
81. Action by appropriate authorities on recommendation of State Commissioner.
82. Powers of State Commissioner.
83. Annual and special reports by State Commissioner.
CHAPTER XIII
SPECIAL COURT
84. Special Court.
85. Special Public Prosecutor.
CHAPTER XIV
NATIONAL FUND FOR PERSONS WITH DISABILITIES
86. National Fund for persons with disabilities.
87. Accounts and audit.
CHAPTER XV
STATE FUND FOR PERSONS WITH DISABILITIES
88. State Fund for persons with disabilities.
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CHAPTER XVI
OFFENCES AND PENALTIES
SECTIONS
89. Punishment for contravention of provisions of Act or rules or regulations made thereunder.
90. Offences by companies.
91. Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities.
92. Punishment for offences of atrocities.
93. Punishment for failure to furnish information.
94. Previous sanction of appropriate Government.
95. Alternative punishments.
CHAPTER XVII
MISCELLANEOUS
96. Application of other laws not barred.
97. Protection of action taken in good faith.
98. Power to remove difficulties.
99. Power to amend Schedule.
100. Power of Central Government to make rules.
101. Power of State Government to make rules.
102. Repeal and savings.
THE SCHEDULE.
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THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
ACT NO. 49 OF 2016
[27th December, 2016]
An Act to give effect to the United Nations Convention on the Rights of Persons with
Disabilities and for matters connected therewith or incidental thereto.
WHEREAS the United Nations General Assembly adopted its Convention on the Rights of Persons
with Disabilities on the 13th day of December, 2006.
AND WHEREAS the aforesaid Convention lays down the following principles for empowerment of
persons with disabilities,—
(a) respect for inherent dignity, individual autonomy including the freedom to make one's own
choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society;
(d) respect for difference and acceptance of persons with disabilities as part of human diversity
and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabili ties and respect for the right of
children with disabilities to preserve their identities;
AND WHEREAS India is a signatory to the said Convention;
AND WHEREAS India ratified the said Convention on the 1st day of October, 2007;
AND WHEREAS it is considered necessary to implement the Convention aforesaid.
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement .—(1) This Act may be called the Rights of Persons with
Disabilities Act, 2016.
(2) It shall come into force on such 1date as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appellate authority ” means an authority notified under sub -section ( 3) of section 14 or
sub-section (1) of section 53 or designated under sub-section (1) of section 59, as the case may be;
(b) “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 Cantonments Act,
2006 (41 of 2006), 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.
(c) “barrier” means any factor including communicational, cultural, economic, environmental,
institutional, political, social, attitudinal or structur al factors which hampers the full and effective
participation of persons with disabilities in society;
1. 19th April, 2017 vide notification no. S.O. 1215 (E) dated 19th April, 2017 see Gazette of India, Extraordinary, Part II, Section
3 (ii).
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(d) “care-giver” means any person including parents and other family Members who with or
without payment provides care, support or assistance to a person with disability;
(e) “certifying authority” means an authority designated under sub-section (1) of section 57;
(f) “communication” includes means and formats of communication, languages, display of text,
Braille, tactile communication, signs, large print, accessible multimedia, written, audio, video, visual
displays, sign language, plain -language, human -reader, augmentative and alter native modes and
accessible information and communication technology;
(g) “competent authority” means an authority appointed under section 49;
(h) “discrimination” in relation to disability, means any distinction, exclusion, restriction on the
basis of disability which is the purpose or effect of impairing or nullifying the recognition, enjoyment
or exercise on an equal basis with others of all human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field and i ncludes all forms of discrimination
and denial of reasonable accommodation;
(i) “establishment” includes a Government establishment and private establishment;
(j) “Fund” means the National Fund constituted under section 86;
(k) “Government establishment” means a corporation established by or under a Central Act 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 defined in section 2 of the Companies Act, 2013 (18 of 2013)
and includes a Department of the Government;
(l) “high support” means an intensive support, physical, psychological and otherwise, which may
be required by a person with benchmark disability for daily activities, to take independent and
informed decision to access facilities and participating in all areas of life incl uding education,
employment, family and community life and treatment and therapy;
(m) “inclusive education ” means a system of education wherein students with and without
disability learn together and the system of teaching and learning is suitably adapted to meet the
learning needs of different types of students with disabilities;
(n) “information and communication technology” includes all services and innovations relating to
information and communication, including telecom services, web based services, ele ctronic and print
services, digital and virtual services;
(o) “institution” means an institution for the reception, care, protection, education, training,
rehabilitation and any other activities for persons with disabilities;
(p) “local authority” means a Municipality or a Panchayat, as defined in clause ( e) and clause (f)
of article 243P of the Constitution; a Cantonment Board constituted under the Cantonments Act, 2006
(41 of 2006); and any other authority established under an Act of Parliament or a State Legislature to
administer the civic affairs;
(q) “notification” means a notification published in the Official Gazette and the expression
“notify” or “notified” shall be construed accordingly;
(r) “person with benchmark disability ” means a person with not less than forty per cent. of a
specified disability where specified disability has not been defined in measurable terms and includes a
person with disability where specified disability has been defined in measurable terms, as certified by
the certifying authority;
(s) “person with disability ” means a person with long term physical, mental, intellectual or
sensory impairment which, in interaction with barriers, hinders his full and effective partici pation in
society equally with others;
(t) “person with disability having high support needs ” means a person with benchmark disability
certified under clause (a) of sub-section (2) of section 58 who needs high support;
(u) “prescribed” means prescribed by rules made under this Act;
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(v) “private establishment” means a company, firm, cooperative or other society, associations,
trust, agency, institution, organisation, union, factory or such other establishment as the appropriate
Government may, by notification, specify;
(w) “public building” means a Government or private building, used or accessed by the public at
large, including a building used for educational or vocational purposes, workplace, commercial
activities, public utilities, r eligious, cultural, leisure or recreational activities, medical or health
services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms,
roadways bus stands or terminus, airports or waterways;
(x) “public facilities and services” includes all forms of delivery of services to the public at large,
including housing, educational and vocational trainings, employment and career advancement,
shopping or marketing, religious, cultural, leisure or recreational, medical, health a nd rehabilitation,
banking, finance and insurance, communication, postal and information, access to justice, public
utilities, transportation;
(y) “reasonable accommodation” means necessary and appropriate modification and adjustments,
without imposing a disproportionate or undue burden in a particular case, to ensure to persons with
disabilities the enjoyment or exercise of rights equally with others;
(z) “registered organisation” means an association of persons with disabilities or a disabled
person organisation, association of parents of persons with disabilities, association of persons with
disabilities and family members, or a voluntary or non -governmental or chari table organisation or
trust, society, or non -profit company working for the welfare of the persons with disabilities, duly
registered under an Act of Parliament or a State Legislature;
(za) “rehabilitation” refers to a process aimed at enabling persons wit h disabilities to attain and
maintain optimal, physical, sensory, intellectual, psychological environmental or social function
levels;
(zb) “Special Employment Exchange ” means any office or place established and maintained by
the Government for the collect ion and furnishing of information, either by keeping of registers or
otherwise, regarding—
(i) persons who seek to engage employees from amongst the persons with disabilities;
(ii) persons with benchmark disability who seek employment;
(iii) vacancies to w hich persons with benchmark disabilities seeking employment may be
appointed;
(zc) “specified disability” means the disabilities as specified in the Schedule;
(zd) “transportation systems” includes road transport, rail transport, air transport, water trans port,
para transit systems for the last mile connectivity, road and street infrastructure, etc;
(ze) “universal design” means the design of products, environments, programmes and services to
be usable by all people to the greatest extent possible, without the need for adaptation or specialised
design and shall apply to assistive devices including advanced technologies for particular group of
persons with disabilities.
CHAPTER II
RIGHTS AND ENTITLEMENTS
3. Equality and non-discrimination.—(1) The appropriate Government shall ensure that the persons
with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally
with others.
(2) The appropriate Government shall take steps to utilise the capacity of persons with dis abilities by
providing appropriate environment.
(3) No person with disability shall be discriminated on the ground of disability, unless it is shown that
the impugned act or omission is a proportionate means of achieving a legitimate aim.
(4) No person shall be deprived of his or her personal liberty only on the ground of disability.
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(5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for
persons with disabilities.
4. Women and children with disabilities .—(1) The appropriate Government and the local
authorities shall take measures to ensure that the women and children with disabilities enjoy their rights
equally with others.
(2) The appropriate Government and local authorities shall ensure that all children with disabilities
shall have right on an equal basis to freely express their views on all matters affecting them and provide
them appropriate support keeping in view their age and disability.”.
5. Community life.—(1) The persons with disabilities shall have the right to live in the community.
(2) The appropriate Government shall endeavour that the persons with disabilities are,—
(a) not obliged to live in any particular living arrangement; and
(b) given access to a range of in -house, residential and other commun ity support services,
including personal assistance necessary to support living with due regard to age and gender.
6. Protection from cruelty and inhuman treatment .—(1) The appropriate Government shall take
measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading
treatment.
(2) No person with disability shall be a subject of any research without,—
(i) his or her free and informed consent obtained through accessible modes, means and formats of
communication; and
(ii) prior permission of a Committee for Research on Disability constituted in the prescribed
manner for the purpose by the appropriate Government in which not less tha n half of the Members
shall themselves be either persons with disabilities or Members of the registered organisation as
defined under clause (z) of section 2.
7. Protection from abuse, violence and exploitation .—(1) The appropriate Government shall take
measures to protect persons with disabilities from all forms of abuse, violence and exploitation and to
prevent the same, shall—
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal remed ies
available against such incidents;
(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;
(c) take steps to rescue, protect and rehabilitate victims of such incidents; and
(d) create awareness and make available information among the public.
(2) Any person or registered organisation who or which has reason to believe that an act of abuse,
violence or exploitation has been, or is being, or is likely to be committed against any person w ith
disability, may give information about it to the Executive Magistrate within the local limits of whose
jurisdiction such incidents occur.
(3) The Executive Magistrate on receipt of such information, shall take immediate steps to stop or
prevent its occ urrence, as the case may be, or pass such order as he deems fit for the protection of such
person with disability including an order—
(a) to rescue the victim of such act, authorising the police or any organisation working for
persons with disabilities to provide for the safe custody or rehabilitation of such person, or both, as
the case may be;
(b) for providing protective custody to the person with disability, if such person so desires;
(c) to provide maintenance to such person with disability.
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(4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or
exploitation towards any person with disability shall inform the aggrieved person of—
(a) his or her right to apply for protection under sub -section ( 2) and the partic ulars of the
Executive Magistrate having jurisdiction to provide assistance;
(b) the particulars of the nearest organisation or institution working for the rehabilitation of
persons with disabilities;
(c) the right to free legal aid; and
(d) the right to f ile a complaint under the provisions of this Act or any other law dealing with
such offence:
Provided that nothing in this section shall be construed in any manner as to relieve the police officer
from his duty to proceed in accordance with law upon receip t of information as to the commission of a
cognizable offence.
(5) If the Executive Magistrate finds that the alleged act or behaviour constitutes an offence under the
Indian Penal Code (45 of 1860), or under any other law for the time being in force, he may forward the
complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction
in the matter.
8. Protection and safety.—(1) The persons with disabilities shall have equal protection and safety in
situations of risk, armed conflict, humanitarian emergencies and natural disasters.
(2) The National Disaster Management Authority and the State Disa ster Management Authority shall
take appropriate measures to ensure inclusion of persons with disabilities in its disaster management
activities as defined under clause ( e) of section 2 of the Disaster Management Act, 2005 (53 of 2005) for
the safety and protection of persons with disabilities.
(3) The District Disaster Management Authority constituted under section 25 of the Disaster
Management Act, 2005 (53 of 2005) shall maintain record of details of persons with disabilities in the
district and take suitable measures to inform such persons of any situations of risk so as to enhance
disaster preparedness.
(4) The authorities engaged in reconstruction activities subsequent to any situation of risk, armed
conflict or natural disasters shall undertake such activities, in consultation with the concerned State
Commissioner, in accordance with the accessibility requirements of persons with disabilities.
9. Home and family.—(1) No child with disability shall be separated from his or her parents on the
ground of disability except on an order of competent court, if required, in the best interest of the child.
(2) Where the parents are unable to take care of a child with disability, the competent court shall place
such child with his or her near relations, and failing that within the community in a family setting or in
exceptional cases in shelter home run by the appropriate Government or non -governmental organisation,
as may be required.
10. Reproductive rights .—(1) The appropriate Government shall ensure that persons with
disabilities have access to appropriate information regarding reproductive and family planning.
(2) No person with disability shall be subject to any medical procedure which leads to infertility
without his or her free and informed consent.
11. Accessibility in voting.—The Election Commission of India and the State Election Commissions
shall ensure that all polling stations are accessible to persons with disabilities and all materials related to
the electoral process are easily understandable by and accessible to them.
12. Access to justice.—(1) The appropriate Government shall ensure that persons with disabilities are
able to ex ercise the right to access any court, tribunal, authority, commission or any other body having
judicial or quasi-judicial or investigative powers without discrimination on the basis of disability.
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(2) The appropriate Government shall take steps to put in place suitable support measures for persons
with disabilities specially those living outside family and those disabled requiring high support for
exercising legal rights.
(3) The National Legal Services Authority and the State Legal Services Authorities co nstituted under
the Legal Services Authorities Act, 1987 (39 of 1987) shall make provisions including reasonable
accommodation to ensure that persons with disabilities have access to any scheme, programme, facility or
service offered by them equally with others.
(4) The appropriate Government shall take steps to—
(a) ensure that all their public documents are in accessible formats;
(b) ensure that the filing departments, registry or any other office of records are supplied with
necessary equipment to enable filing, storing and referring to the documents and evidence in
accessible formats; and
(c) make available all necessary facilities and equipment to facilitate recording of testimonies,
arguments or opinion given by persons with disabilities in their prefe rred language and means of
communication.
13. Legal capacity.—(1) The appropriate Government shall ensure that the persons with disabilities
have right, equally with others, to own or inherit property, movable or immovable, control their financial
affairs and have access to bank loans, mortgages and other forms of financial credit.
(2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on
an equal basis with others in all aspects of life and have the right to equ al recognition everywhere as any
other person before the law.
(3) When a conflict of interest arises between a person providing support and a person with disability
in a particular financial, property or other economic transaction, then such supporting person shall abstain
from providing support to the person with disability in that transaction:
Provided that there shall not be a presumption of conflict of interest just on the basis that the
supporting person is related to the person with disability by blood, affinity or adoption.
(4) A person with disability may alter, modify or dismantle any support arrangement and seek the
support of another:
Provided that such alteration, modification or dismantling shall be prospective in nature and shall not
nullify any third party transaction entered into by the person with disability with the aforesaid support
arrangement.
(5) Any person providing support to the person with disability shall not exercise undue influence and
shall respect his or her autonomy, dignity and privacy.
14. Provision for guardianship .—(1) Notwithstanding anything contained in any other law for the
time being in force, on and from the date of commencement of this Act, where a district court or any
designated authority, as notified by the State Government, finds that a person with disability, who had
been provided adequate and appropriate support but is unable to take legally binding decisions, may be
provided further support of a limited guardian to take legally binding decisions on his behalf i n
consultation with such person, in such manner, as may be prescribed by the State Government:
Provided that the District Court or the designated authority, as the case may be, may grant total
support to the person with disability requiring such support or where the limited guardianship is to be
granted repeatedly, in which case, the decision regarding the support to be provided shall be reviewed by
the Court or the designated authority, as the case may be, to determine the nature and manner of support
to be provided.
Explanation.—For the purposes of this sub -section, “limited guardianship” means a system of joint
decision which operates on mutual understanding and trust between the guardian and the person with
disability, which shall be limited to a specific period and for specific decision and situation and shall
operate in accordance to the will of the person with disability.
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(2) On and from the date of commencement of this Act, every guardian appointed under any
provision of any other law for the time being in force, for a person with disability shall be deemed to
function as a limited guardian.
(3) Any person with disability aggrieved by the decision of the designated authority appointing a legal
guardian may prefer an appeal to such appellate authority, as may be notified by the State Government for
the purpose.
15. Designation of authorities to support.—(1) The appropriate Government shall designate one or
more authorities to mobilise the community and create social awareness to support persons with
disabilities in exercise of their legal capacity.
(2) The authority designated under sub -section (1) shall take measures for setting up suitable support
arrangements to exercise legal capacity by persons with disabilities living in institutions and those with
high support needs and any other measures as may be required.
CHAPTER III
EDUCATION
16. Duty of educational institutions .—The appropriate Government and the local authorities shall
endeavour that all educational institutions funded or recognised by them provide inclusive education to
the children with disabilities and towards that end shall—
(i) admit them without discrimination and provide education and opportunities for sports and
recreation activities equally with others;
(ii) make building, campus and various facilities accessible;
(iii) provide reasonable accommodation according to the individual's requirements;
(iv) provide necessary support individualised or otherwise in environments that maximise
academic and social development consistent with the goal of full inclusion;
(v) ensure that the education to persons who are blind or deaf or both is imparted in the most
appropriate languages and modes and means of communication;
(vi) detect specific learning disabilities in children at the earliest and take suitable pedagogical
and other measures to overcome them;
(vii) monitor participation, progress in terms of attainment levels and completion of education in
respect of every student with disability;
(viii) provide transportation facilities to the children with disabilities and also the attendant of the
children with disabilities having high support needs.
17. Specific measures to promote and facilitate inclusive education .—The appropriate
Government and the local authorities shall take the following measures for the purpose of section 16,
namely:—
(a) to conduct survey of school going children in every five years for identifying children with
disabilities, ascertaining their special needs and the extent to which these are being met:
Provided that the first survey shall be conducted within a period of two years from the date of
commencement of this Act;
(b) to establish adequate number of teacher training institutions;
(c) to tra in and employ teachers, including teachers with disability who are qualified in sign
language and Braille and also teachers who are trained in teaching children with intellectual
disability;
(d) to train professionals and staff to support inclusive education at all levels of school education;
(e) to establish adequate number of resource centres to support educational institutions at all
levels of school education;
(f) to promote the use of appropria te augmentative and alternative modes including means and
formats of communication, Braille and sign language to supplement the use of one ’s own speech to
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fulfil the daily communication needs of persons with speech, communication or language disabilities
and enables them to participate and contribute to their community and society;
(g) to provide books, other learning materials and appropriate assistive devices to students with
benchmark disabilities free of cost up to the age of eighteen years;
(h) to provide scholarships in appropriate cases to students with benchmark disability;
(i) to make suitable modifications in the curriculum and examination system to meet the needs of
students with disabilities such as extra time for completion of examination paper, facility of scribe or
amanuensis, exemption from second and third language courses;
(j) to promote research to improve learning; and
(k) any other measures, as may be required.
18. Adult education.—The appropriate Government and the local authorities shall take measures to
promote, protect and ensure participation of persons with disabilities in adult education and continuing
education programmes equally with others.
CHAPTER IV
SKILL DEVELOPMENT AND EMPLOYMENT
19. Vocational training and self -employment.—(1) The appropriate Government shall formulate
schemes and programmes including provision of loans at concessional rates to facilitate and support
employment of persons with disabilities especially for their vocational training and self-employment.
(2) The schemes and programmes referred to in sub-section (1) shall provide for—
(a) inclusion of person with disability in all mainstream formal and non -formal vocational and
skill training schemes and programmes;
(b) to ensure that a person with disability has adequate support and facilities to avail specific
training;
(c) exclusive skill training programmes for persons with disabilities with active links with the
market, for those with developmental, intellectual, multiple disabilities and autism;
(d) loans at concessional rates including that of microcredit;
(e) marketing the products made by persons with disabilities; and
(f) maintenance of disaggregated data on the progress made in the skill training and self -
employment, including persons with disabilities.
20. Non-discrimination in employment .—(1) No Government establishment shall discriminate
against any person with disability in any matter relating to employment:
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, exempt any establishment from the
provisions of this section.
(2) Every Government establishment shall provide reasonable accommodation and appropriate barrier
free and conducive environment to employees with disability.
(3) No promotion shall be denied to a person merely on the ground of disability.
(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a
disability during his or her service:
Provided that, if an employee after acquiring disability is not suitable for the post he was holding,
shall 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 until a suitable post is available or he attains the age of superannuation, whichever is
earlier.
(5) The appropriate Government may frame policies for posting and transfer of employees with
disabilities.
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21. Equal opportunity policy .—(1) Every establishment shall notify equal opportunity policy
detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner
as may be prescribed by the Central Government.
(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the
State Commissioner, as the case may be.
22. Maintenance of records .—(1) Every establishment shall maintain records of the persons with
disabilities in relation to the matter of employment, facilities provided and other necessary information in
compliance with the provisions of this Chapter in such form and manner as may be prescribed by the
Central Government.
(2) Every employment exchange shall maintain records of persons with disabilities seeking
employment.
(3) The records maintained under sub -section (1) shall be open to inspection at all reasonable hours
by such persons as may be authorised in their behalf by the appropriate Government.
23. Appointment of Grievance Redressal Officer .—(1) Every Government establishment shall
appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief
Commissioner or the State Commissioner, as the case may be, about the appointment of such officer.
(2) Any person aggrieved with the non -compliance of the provisions of section 20, may file a
complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with
the establishment for corrective action.
(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be
prescribed by the Central Government, and every complaint shall be inquired within two weeks of its
registration.
(4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may
approach the District-Level Committee on disability.
CHAPTER V
SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION
24. Social security.—(1) The appropriate Government shall within the limit of its economic capacity
and development formulate necessary schemes and programmes to safeguard and promote the right of
persons with disabilities for adequate standard of living to enable th em to live independently or in the
community:
Provided that the quantum of assistance to the persons with disabilities under such schemes and
programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others.
(2) The a ppropriate Government while devising these schemes and programmes shall give due
consideration to the diversity of disability, gender, age, and socio-economic status.
(3) The schemes under sub-section (1) shall provide for,—
(a) community centres with good living conditions in terms of safety, sanitation, health care and
counselling;
(b) facilities for persons including children with disabilities who have no family or have been
abandoned, or are without shelter or livelihood;
(c) support during natural or man-made disasters and in areas of conflict;
(d) support to women with disability for livelihood and for upbringing of their children;
(e) access to safe drinking water and appropriate and accessible sanitation facilities especially in
urban slums and rural areas;
(f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free
of cost to persons with disabilities with such income ceiling as may be notified;
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(g) disability pension to persons with disabi lities subject to such income ceiling as may be
notified;
(h) unemployment allowance to persons with disabilities registered with Special Employment
Exchange for more than two years and who could not be placed in any gainful occupation;
(i) care-giver allowance to persons with disabilities with high support needs;
(j) comprehensive insurance scheme for persons with disability, not covered under the Employees
State Insurance Schemes, or any other statutory or Government-sponsored insurance schemes;
(k) any other matter which the appropriate Government may think fit.
25. Healthcare.—(1) The appropriate Government and the local authorities shall take necessary
measures for the persons with disabilities to provide,—
(a) free healthcare in the vicinity specia lly in rural area subject to such family income as may be
notified;
(b) barrier -free access in all parts of Government and private hospitals and other healthcare
institutions and centres;
(c) priority in attendance and treatment.
(2) The appropriate Government and the local authorities shall take measures and make schemes or
programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose
shall—
(a) undertake or cause to be undertaken surveys, investigations and research concerning the cause
of occurrence of disabilities;
(b) promote various methods for 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 public 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 o n the
causes of disabilities and the preventive measures to be adopted;
(i) healthcare during the time of natural disasters and other situations of risk;
(j) essential medical facilities for life saving emergency treatment and procedures; and
(k) sexual and reproductive healthcare especially for women with disability.
26. Insurance schemes .—The appropriate Government shall, by notification, make insurance
schemes for their employees with disabilities.
27. Rehabilitation.—(1) The appropriate Government and the local authorities shall within their
economic capacity and development, undertake or cause to be undertaken services and programmes of
rehabilitation, particularly in the areas of health, education and employment for al l persons with
disabilities.
(2) For the purposes of sub -section ( 1), the appropriate Government and the local authorities may
grant financial assistance to non-Governmental Organisations.
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(3) The appropriate Government and the local authorities, while f ormulating rehabilitation policies
shall consult the non-Governmental Organisations working for the cause of persons with disabilities.
28. Research and development.—The appropriate Government shall initiate or cause to be initiated
research and development through individuals and institutions on issues which shall enhance habilitation
and rehabilitation and on such other issues which are necessary for the empowerment of persons with
disabilities.
29. Culture and recreation .—The appropriate Government and the local authorities shall take
measures to promote and protect the rights of all persons with disabilities to have a cultural life and to
participate in recreational activities equally with others which include,—
(a) facilitie s, support and sponsorships to artists and writers with disability to pursue their
interests and talents;
(b) establishment of a disability history museum which chronicles and interprets the historical
experiences of persons with disabilities;
(c) making art accessible to persons with disabilities;
(d) promoting recreation centres, and other associational activities;
(e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure
activities;
(f) redesigning courses in cultural and arts subjects to enable participation and access for persons
with disabilities;
(g) developing technology, assistive devices and equipments to facilitate access and inclusion for
persons with disabilities in recreational activities; and
(h) ensuring that persons with hearing impairment can have access to television programmes with
sign language interpretation or sub-titles.
30. Sporting activities .—(1) The appropriate Government shall take measures to ensure effective
participation in sporting activities of the persons with disabilities.
(2) The sports authorities shall accord due recognition to the right of persons with disabilities to
participate in sport s and shall make due provisions for the inclusion of persons with disabilities in their
schemes and programmes for the promotion and development of sporting talents.
(3) Without prejudice to the provisions contained in sub -sections ( 1) and ( 2), the appropr iate
Government and the sports authorities shall take measures to,—
(a) restructure courses and programmes to ensure access, inclusion and participation of persons
with disabilities in all sporting activities;
(b) redesign and support infrastructure facili ties of all sporting activities for persons with
disabilities;
(c) develop technology to enhance potential, talent, capacity and ability in sporting activities of
all persons with disabilities;
(d) provide multi -sensory essentials and features in all sport ing activities to ensure effective
participation of all persons with disabilities;
(e) allocate funds for development of state of art sport facilities for training of persons with
disabilities;
(f) promote and organise disability specific sporting events f or persons with disabilities and also
facilitate awards to the winners and other participants of such sporting events.
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CHAPTER VI
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITES
31. Free education for children with benchmark disabilities .—(1) Notwithstanding anything
contained in the Rights of Children to Free and Compulsory Education Act, 2009 (35 of 2009), every
child with benchmark disability between the age of six to eighteen years shall have the right to free
education in a neighbourhood school, or in a special school, of his choice.
(2) The appropriate Government and local authorities shall ensure that every child with benchmark
disability has access to free education in an appropriate environment till he attains the age of eighteen
years.
32. Reservation in higher educational institutions .—(1) All Government institutions of higher
education and other higher edExcerpt shown. Open the full act in Lexace.