The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982

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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Gujarat Act No. 6 of 1982

The Gujarat Physically Handicapped
Persons (Employment in Factories)
Act, 1982

(As modified upto the 31st October, 2012)

[1982 : Guj. 6 Gujarat Physically Handicapped Persons (Employment in Factories)
Act, 1982.

THE GUJARAT PHYSICALLY HANDICAPPED
PERSONS (EMPLOYMENT IN FACTORIES)
ACT, 1982.

CONTENTS.

PREAMBLE.

SECTIONS.

1. Short title, extent, commencement and application.

2. Definitions.

3. Obligation of occupier to employ persons registered as physically,
handicapped in factory

4. Conditions for employment of physically handicapped persons.

5. Certificate of fitness.

6. Records to be maintained by occupier.

7. Powers and duties of Inspectors.

8. Occupier and manager to produce records, etc., for inspection.

9. Offences by occupier or manager.

10. Penalty for using false certificate of fitness.

11. Cognisance of offences.

12. Protection of action taken in good faith.

13. Power to make rules.

14. Repeal and saving.

1982 : Guj. 6] Gujarat Physically Handicapped Persons (Employment in Factories)
Act, 1982.
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GUJARAT ACT NO. 6 OP 19821 

[THE GUJARAT PHYSICALLY HANDICAPPED PERSONS
(EMPLOYMENT IN FACTORIES) ACT, 1982.
[23rd February 1982].

An Act to secure employment to physically handicapped persons and to
provide for matters connected therewith.

It is hereby enacted in the Thirty -third Year of the Republic of India as
follows :-

1. (1) This Act may be called the Gujarat Physically Handicapped Persons
(Employment in Factories) Act, 1982.

(2) It extends to the whole of the State of Gujarat.

(3) It shall be deemed to have come into force on the 7th October, 1981.

(4) (a) It shall apply in the first instance to-

(i) every existing factory where five hundred or more workers
are working or were working on any day of the twelve months
immediately preceding the commencement of this Act ;

(ii) every new factory where five hundred or more workers
are working.

(b) The State Government may, after giving two months' notice of the
intention of so doing, by notification in the Official Gazette, apply the
provisions of this Act to other factories where such lesser number of
workers are working as specified in such notification.

(c) It shall apply to a factory belonging to or managed by any Govern-
ment except the Central Government, if such factory is a factory
referred to in clause (a) or in the notification issued under clause (b).

(d) A factory to which this Act applies under clause (a) or (b) shall
continue to be governed by this Act notwithstanding that the number
of workers working therein falls below the number specified in clause
(a) or in the notification issued under clause (b).

2. In this Act, unless the context otherwise requires,-

(a) "Certifying Surgeon" means a Certifying Surgeon appointed under section
10 of the Factories Act, 1948;

(b) "existing factory" means a factory existing on the commencem ent of this
Act;

(d) "new factory" means a factory in which the manufacturing process is
commenced at any time after the commencement of this Act;

(e) "person registered as physically handicapped" means a physically
handicapped person whose name is registered with an employment exchange;

(f) "Physically handicapped person" means a person who, on account of any
deficiency, injury, disease or congenital deformity, is substantially
Short title, extent,
commencement
and application.
Definitions.
63 of 1948.
63 of 1948.
[1982 : Guj. 6 Gujarat Physically Handicapped Persons (Employment in Factories)
Act, 1982.

handicapped in obtaining or keeping employment, or in undertaking work on
his own account, of a kind which but for such deficiency, injury, disease or
deformity would be suited to his age, experience and qualifications;

(g) "Prescribed" means prescribed by rules made under this Act;

(h) (i) the word "employment exchange" shall have meaning assigned to
it in the Employment Exchanges (Compulsory Notification of
Vacancies) Act, 1959;

(ii) other words and expressions used but not defined in this Act shall
have meanings respectively assigned to them in the Factories Act,
1948.

3. (1) Every occupier of an existing factory to which this Act applies shall
allocate such number of vacancies for employment of persons registered as
physically handicapped, as is not less than one half percent, or such higher
percent, not exceeding one as may be prescribed of the number of workers so
working.

(2) Where an occupier has, under sub -section (1), allocated a number of
vacancies, such occupier shall not, at any time, take or offer to take into his
employment any per on other than a person registered as physically
handicapped till all the vacancies so allocated are filled.

(3) Nothing in sub -section (2) shall apply to taking or offering to take into
employment any person required by-

(a) an agreement to reinstate such person in his employment entered
into before the commencement of this Act; or

(b) an Act whether passed before or after this Act; or

(4) Every occupier of a new factory to wh ich this Act applies shall give
employment to such number of persons registered as physically handicapped,
as is not less than one half per cent. of the workers to be employed.

(5) Whenever this Act applies to an existing or new factory the occupier
thereof shall allocate such number of vacancies for employment of persons
registered as physically handicapped as is not less than one half percent of the
number of workers so working an d thereupon the provisions of sub sections
(2) and (3) shall, so far as may be, apply.

(6) In determining the number of vacancies for employment of persons
registered as physically handicapped under sub -section (1) or sub-section (5)
and the number of pe rsons registered as physically handicapped to be
employed under sub-section (4), a fraction equal to or exceeding half shall be
counted as one and a fraction less than half shall be ignored.

4. No physically handicapped person shall be employed under section 3 unless-

(a) he is an adult;

(b) his name is registered at any employment exchange in the State; and

5. (1) A Certifying Surgeon shall, on an application of a person regi stered as
31 of 1959.
63 of 1948.
Obligation of ocupier to
employ persons
registered as physically
handicapped in factory.
Conditions for
employment of
physically
handicapped
persons.
Certificate of
fitness.
1982 : Guj. 6] Gujarat Physically Handicapped Persons (Employment in Factories)
Act, 1982.
5 of 7
physically handicapped accompanied by a document signed by the manager
of a factory that such person will be employed therein if certified to be fit for
work in the factory or on an application of the manager of the factory in
which the person registered as physically handicapped wishes to work,
examine such person and ascertain his fitness for work in a factory.

(2) A Certifying Surgeon after examination may grant to the persons
registered as physically handicapped a certificate of fitness to work in the
prescribed form :

Provided that the Certifying Surgeon shall not grant certificate under
this sub-section unless he has personal knowledge of the place where the per -
son registered as physically handicapped person is to be employed and of the
manufacturing process in which he is to be employed,

(3) A Certifyi ng Surgeon may revoke any certificate granted under sub -
section (2) if in his opinion the holder of it is no longer fit to work in the
capacity stated therein in a factory.

(4) Any fee payable for the certificate under this section shall be paid by the
occupier and shall not be recovered from the person registered as physically
handicapped.

6. Every occupier to whom section 3 applies shall maintain a record in such form, as
may be prescribed, of particulars showing the number of persons employed by him,
the number of persons registered as physically handicapped employed by him and the
names of such persons and such other particulars as may be prescribed.

7. Subject to any rules made by the State Government, in this behalf, an Inspector
may, within the local limits for which he is appointed-

(a) enter at all r easonable times, accompanied with such persons in the
service of the Government as he thinks fit, any place which is used or which
he has reason to believe is used as a factory;

(b) make such examination of records and take on the spot or otherwise
evidence of any person as he may deem necessary, for carrying out the pur -
poses of this Act; and

Provided that no one shall be required under this section to answer
any question or to give any evidence tending to incriminate himself.

8. Every occupier and in his absence the manager shall on demand produce for
inspection by an Inspector all records required to be kept under and for the purposes
of this Act.

9. If any occupier or manager-

(a) fails to employ under section 3 persons registered as physically handi -
capped; or

(b) contravenes provisions of section 4 ; or

(d) wilfully obstructs an Inspector in the exercise of his powers or dis charge
of his duties under this Act or fails to produce for inspection on demand by an
Inspector any record maintained in pursuance of the provisions of this Act or
Records to be
maintained by
occupier.
Powers and duties
of Inspectors.
Occupier and
manager to produce
records, etc., for
inspection.
Offences by
occupier or
manager.
[1982 : Guj. 6 Gujarat Physically Handicapped Persons (Employment in Factories)
Act, 1982.

the rules made thereunder or to supply to him on demand true copies of any
such records,

he shall be punishable with imprisonment which may extend to six mo nths or
with fine which may extend to one thousand rupees or with both.

10. Whoever knowingly uses or attempts to use as a certificate of fitness granted to
himself under section 5, a certificate granted to another pers on under that section or
who, having procured such a certificate, knowingly allows it to be used or an attempt
to use it to be made, by another person, shall be punishable with imprisonment for a
term which may ex tend to one month or with fine which may ex tend to one hundred
rupees or with both.

11. No Court shall take cognisance of any offence under this Act, except on a
complaint by, or with the previous sanction in writing of, an Inspector.

12. No suit or other proceeding shall lie against the State Government or any officer
or employee of the State Government for anything which is in good faith done or
intended to be done in pursuance of this Act or any rules made thereunder.

13. (1) The State Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any the following matters, namely:-

(a) the form in which a certificate of fitness to work to be granted by
a Certifying Surgeon under sub-section (2) of section 5;

(b) the form in which an occupier shall maintain a record and the
other particulars to be shown in such form;

(c) the rules subject to which an Inspector may exercise his powers
and perform his duties under section 7 and the other powers to be
exercised by an Inspector under clause (c) of section 7 ; and

(d) any other matter which is to be or may be prescribed.

(3) The power to make rules conferred by this section shall be subject to the
condition of the rules being made after previous publication.

(4) All rules made under this section shall be laid for not less than thirty days
before the State Legislature as soon as possible after they are made and shall
be subject to rescission by the State Legislature or to such modifications as
the State Legislature may make during the session in which they are so laid or
the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be
published in the Official Gazette, and shall thereupon take effect.

14. (1) The Gujarat Physically Handicapped Persons (Employment in Factories)
Ordinance, 1981 is hereby repealed.

(2) Notwithstanding the repeal of the said Ordinance, anything done or any
action taken under the said Ordinance, shall be deemed to have been done or
taken under the corresponding provisions of this Act.

Penalty for
using false
certificate of
fitness.
Cognisance of
offences.
Protection of
action taken in
good faith.
Power to make
rules.
Guj. ord. 7 of
1981.
Repeal and
Saving.
1982 : Guj. 6] Gujarat Physically Handicapped Persons (Employment in Factories)
Act, 1982.
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---------------------------

1 For Statement of Objects and Reasons, see Gujarat Government Gazette, Extraordinary, Part V,
dated the 11th January, 1982, page 7-6.
 This Act was assented to by the President on the 19th February, 1982.

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