The RIGHTS OF PERSONS WITH DISABILITY

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016
(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;
jftLVªh lañ Mhñ ,yñ —( ,u)04@0007@2003— 16
vlk/kkj.k
EXTRAORDINARY
Hkkx  II — [k.M 1
PART II — Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED  BY  AUTHORITY
lañ 59] ubZ fnYyh] cq/kokj] fnlEcj 28] 2016@ikS"k 07] 1938 ¼'kd½
No. 59] NEW DELHI, WEDNESDAY, DECEMBER 28, 2016/PAUSHA 07, 1938 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 28th December, 2016/Pausha 17, 1938 ( Saka)
The following Act of  Parliament received the assent of the President on the
27th December, 2016,  and is hereby published for general information:—
REGISTERED NO. DL—(N)04/0007/2003—16
2 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabilities 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. (1) This Act may be called the Rights of Persons with Disabilities Act, 2016.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. 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, 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 structural factors which
hampers the full and effective participation of persons with disabilities in society;
(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 alternative 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 includes all forms of discrimination and denial of reasonable
accommodation;
Short title and
commencement.
Definitions.
41 of 2006.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(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 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 including 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, electronic 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; 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 participation 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;
(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, religious, 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
41 of 2006.
18 of 2013.
4 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
and career advancement, shopping or marketing, religious, cultural, leisure or
recreational, medical, health and 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 charitable 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 with 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 collection 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 which 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 transport, 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
R
IGHTS AND ENTITLEMENTS
3. (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 disabilities 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.
(5) The appropriate Government shall take necessary steps to ensure reasonable
accommodation for persons with disabilities.
Equality and
non-
discrimination.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
4. (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. (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 community support
services, including personal assistance necessary to support living with due regard to
age and gender.
6. (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
than 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. ( 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 remedies 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 with 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 occurrence, 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.
 (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—
Women and
children with
disabilities.
Community
life.
Protection
from cruelty
and inhuman
treatment.
Protection
from abuse,
violence and
exploitation.
6 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
Protection and
safety.
(a) his or her right to apply for protection under sub-section (2) and the particulars
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 file 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 receipt 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, 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. (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 Disaster 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 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 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. (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. (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. 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. (1) The appropriate Government shall ensure that persons with disabilities are able
to exercise 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.
 (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.
Home and
family.
Reproductive
rights.
Accessibility
in voting.
45 of 1860.
53 of 2005.
53 of 2005.
Access
to justice.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(3) The National Legal Services Authority and the State Legal Services Authorities
constituted under the Legal Services Authorities Act, 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 preferred
language and means of communication.
13. (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 equal
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. (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 in 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.
Legal capacity.
39 of 1987.
Provision for
guardianship.
8 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
(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. (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
E
DUCATION
 16. 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. 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 train 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;
Designation of
authorities to
support.
Duty of
educational
institutions.
Specific
measures to
promote and
facilitate
inclusive
education.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(e) to establish adequate number of resource centres to support educational
institutions at all levels of school education;
(f) to promote the use of appropriate augmentative and alternative modes including
means and formats of communication, Braille and sign language to supplement the use
of one’s own speech to fulfill 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. 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
S
KILL DEVELOPMENT  AND EMPLOYMENT
19. (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. ( 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:
Adult
education.
V ocational
training and
self-
employment.
Non-
discrimination
in
employment.
10 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
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.
21. (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. (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. (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
S
OCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION
24. (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 them 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 appropriate 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;
Equal
opportunity
policy.
Maintenance
of records.
Appointment
of Grievance
Redressal
Officer.
Social security.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
(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;
(g) disability pension to persons with disabilities 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. (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 specially 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 on 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. The appropriate Government shall, by notification, make insurance schemes for
their employees with disabilities.
27. (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
Healthcare.
Insurance
schemes.
Rehabilitation.
12 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
rehabilitation, particularly in the areas of health, education and employment for all 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.
 ( 3) The appropriate Government and the local authorities, while formulating
rehabilitation policies shall consult the non-Governmental Organisations working for the
cause of persons with disabilities.
28. 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. 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) facilities, 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. (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 sports 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
appropriate 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 facilities 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 sporting 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 for persons with
disabilities and also facilitate awards to the winners and other participants of such
sporting events.
Research and
development.
Culture and
recreation.
Sporting
activities.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
CHAPTER VI
SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABIILITES
31. (1) Notwithstanding anything contained in the Rights of Children to Free and
Compulsory Education Act, 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. (1) All Government institutions of higher education and other higher education
institutions receiving aid from the Government shall reserve not less than five per cent. seats
for persons with benchmark disabilities.
 (2) The persons with benchmark disabilities shall be given an upper age relaxation of
five years for admission in institutions of higher education.
33. The appropriate Government shall—
(i) identify posts in the establishments which can be held by respective category
of persons with benchmark disabilities in respect of the vacancies reserved in
accordance with the provisions of section 34;
(ii) constitute an expert committee with representation of persons with benchmark
disabilities for identification of such posts; and
(iii) undertake periodic review of the identified posts at an interval not exceeding
three years.
 34. (1)  Every appropriate Government shall appoint in every Government establishment,
not less than four per cent. of the total number of vacancies in the cadre strength in each
group of posts meant to be filled with persons with benchmark disabilities of which, one per
cent. each shall be reserved for persons with benchmark disabilities under clauses ( a), (b)
and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e),
namely:—
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid
attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including
deaf-blindness in the posts identified for each disabilities:
Provided that the reservation in promotion shall be in accordance with such instructions
as are issued by the appropriate Government from time to time:
Provided further that the appropriate Government, in consultation with the Chief
Commissioner or the State Commissioner, as the case may be, may, having regard to the type
of work carried out in any Government establishment, by notification and subject to such
conditions, if any, as may be specified in such notifications exempt any Government
establishment from the provisions of this section.
 (2) Where in any recruitment year any vacancy cannot be filled up due to non-
availability of a suitable person with benchmark disability or for any other sufficient reasons,
such vacancy shall be carried forward in the succeeding recruitment year and if in the
succeeding recruitment year also suitable person with benchmark disability is not available,
it may first be filled by interchange among the five 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:
Free
education for
children with
benchmark
disabilities.
Reservation
in higher
educational
institutions.
Identification
of posts for
reservation.
Reservation.
35 of 2009.
14 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—
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 five
categories with the prior approval of the appropriate Government.
 (3) The appropriate Government may, by notification, provide for such relaxation of
upper age limit for employment of persons with benchmark disability, as it thinks fit.
35. The appropriate Government and the local authorities shall, within the limit of their
economic capacity and development, provide incentives to employer in private sector to
ensure that at least five per cent. of their work force is composed of persons with benchmark
disability.
36. The appropriate Government may, by notification, require that from such date, the
employer in every establishment shall furnish such information or return as may be prescribed
by the Central Government in relation to vacancies appointed for persons with benchmark
disability that have occurred or are about to occur in that establishment to such special
employment exchange as may be notified by the Central Government and the establishment
shall thereupon comply with such requisition.
37. The appropriate Government and the local authorities shall, by notification, make
schemes in favour of persons with benchmark disabilities, to provide,—
(a) five per cent. reservation in allotment of agricultural land and housing in all
relevant schemes and development programmes, with appropriate priority to women
with benchmark disabilities;
(b) five per cent. reservation in all poverty alleviation and various developmental
schemes with priority to women with benchmark disabilities;
(c) five per cent. reservation in allotment of land on concessional rate, where
such land is to be used for the purpose of promoting housing, shelter, setting up of
occupation, business, enterprise, recreation centres and production centres.
CHAPTER VII
S
PECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS
38. (1) Any person with bench

Excerpt shown. Open the full act in Lexace.

‹ Prev All Punjab acts Next ›