LexThe UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR PHYSICALLY HANDICAPPED, DEPENDENTS OF FREEDOM FIGHTERS AND EX-SERVICEMEN) ACT, 1993
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR
PHYSICALLY HANDICAPPED, DEPENDENTS OF FREEDOM
FIGHTERS AND EX-SERVICEMEN) ACT, 1993
(U.P. ACT No. 4 of 1993)
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ARRANGEMENT OF SECTIONS
SECTION
1- Short title and Commencement
2- Definitions
3- Reservation of vacancies in favour of physically handi-
capped etc.
4- Removal of difficulties
5- Savings
6- Repeal and savings
No. 1694(2)/XVII-V-1-1(KA)27-493
Dated Lucknow, December 30, 1993
IN pursuance of the provisions of clause .(3) of Article 348 of the Constitution,
of India, the Governor is pleased to order the publication at the following English
translation of the Uttar Pradesh Lok Seva Shareerik Roop Se Vikalang, Swatantrata
Sangram Senaniyon ke Ashrit Aur Bhutapurva Sanikon Ke Liye. Arakshan)
Adhiniyam,1993 (Uttar Pradesh Adhiniyam Sankhya 4 of 1993) as passed by the Uttar
Pradesh Legislature and assented to by the Governor on December 29, 1993.
THE UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR
PHYSICALLY HANDICAPPED, DEPENDENTS OF FREEDOM
FIGHTERS AND EX-SERVICEMEN) ACT, 1993
(U.P. ACT No. 4 on 1993)
(As passed by the U.P. Legislature)
AN
ACT
to provide for the reservation of posts In favour of physically handicapped,
dependents of freedom-fighters and-ex-servicemen and for matters connected therewith or
incidental thereto.
It is HEREBY enacted in the Forty-fourth Year of the Republic of
India as follows :-
1- Short title and Commencement- (1) This Act may be called the Uttar Pradesh Public
Services (Reservation for Physically Handicapped. Dependents of Freedom
Fighters and Ex-Servicemen) Act, 1993.
(2) It shall ho deemed to have conic into force on December 11, 1193.
2- Definitions- In this Act-
1[(a) "blindness" refers to a condition where a person suffers from any of the following
conditions, namely :—
( i ) total a absence of sight; or
(ii) visual acuity not exceeding 6/60 or 20/200 (sneilent) in the
better eye with correcting lenses; or
(iii) limitation of the field of vision subtending an angle of 20 degree or worse;
1 Subs by sec 2(a) of U.P. Act No.-6 of 1997 (w.e.f 09-07-1997)
(aa) "cerebral palsy" means a group of non-progressive conditions of a person
characterised by abnormal motor control posture resulting from brain insult or
injuries occurring in the pre-natal, pen-natal or infant period of development ; ]
(b) dependent" with reference to a freedom fighter means,—
(i) son and daughter (married or unmarried).
1[(ii) grand son (son of a son or daughter) and grand daughter (daughter of a son or
daughter) (married or unmarried).]
(c) "ex-serviceman" means a person who has served in any rank, as a combatant Or non-
combatant, in the Indian Army, Navy or Airforce, and--
(i) has retired from such service after earning his pension, or
(ii) has been released from such service on medical gr ounds,
in accordance with the requirements of such service, or because of circumstances
beyond his control and has been granted medical or disability pension, or
(iii) has been released, otherwise than on his o wn request, as
a consequence of reduction in the establishment o f such
service, or
(iv) has her n released from such service after a fixed specific period, but has not been
released on his own request or has not been
dismissed or discharged on account of misconduct or inefficiency and has been
granted gratuity;
and includes the following categories of territorial Army person' who—
(i) get pension for continuous embodied service,
(ii) have become medically unfit owing to military service, and
(iii) are winners of 'gallantry award.
(d) "freedom fighter" means a person domiciled in Uttar. Pradesh who had participated in
the freedom struggle of India and had—
(i) laid down his life; or
(ii) undergone sentence of imprisonment for a period of at least two months; or
(iii) been detained in prison as an undertrial or a detained for a period of at least three
months ; or
(iv) been sentenced with at least ten canes ;or
(v) been .declared as an absconder ; or
(vi) sustained bullet injuries ; or
(vii) participated in 'Peshawar Kand'; or
(viii) been a member of Indian National 'Army, or
(ix) been a certified member .of India Independence League ;or
(x) been released under the Gandhi Irwin Pact'.
1 Subs by sec 2 of U.P. Act No.-6 of 2015 (w.e.f 07-04-2015)
Explanation—For the purposes of this clause, a Pencils who had sought and had been.
pardoned shall not be deemed to be a freedom fighter.
1[ (d-1) “group A post' or 'group B post' means the post specified as such by the State
Government from time to time.” ]
2 [ "(dd) "hearing impairment" means loss of sixty decibels or more in the better ear in the
conversational range of frequencies;
(ddd) "locomotor disability" means disability of the bones,
joints or muscles leading to substantial restriction of the move-ment
of the limbs or any form of cerebral palsy;
(dddd) "low vision" refers to a condition where a person suffers from impairment of
visual functioning even after treat-ment or standard refractive correction but uses or
is potentially capable of using vision for the planning or execution of a task with
appropriate assistive device ; ]
3[(e) Physical disability means -the disabilities as specified in the Schedule appended to
this Act.]
4[(f) “words and expressions used but not defined in this Act and defined in the Uttar
Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other
Backward classes) Act, 1994 shall have the meaning assigned to them in
that Act." ]
3- Reservation of vacancies in favour of physically handi- capped etc.-
(1) There shall be reserved at the stage of direct recruitment,—
5[(i) in public services and posts two percent of vacancies for dependents of freedom
fighters.]
6[(i-a) in public services and posts other than group 'A' posts, on and from the date on
which the Utter Pradesh Public Services (Reservation for Physically Handicapped
Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) ACT. 2021. is
published in the Gazette five percent of vacancies, for EX-servicemen; " ]
7[(ii) In such public services and posts as the State Government may, by notification,
identify not less than four percent, 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 percent each shall be reserved for persons with benchmark disabilities under clauses
1 Ins by sec 2 of U.P. Act No.-29 of 1999 (w.e.f 21-05-1999)
2 Ins by sec 2 (b) of U.P. Act No.-6 of 1997 (w.e.f 09-07-1997)
3 Subs by sec 2 of U.P. Act No.- 32 of 2018 (w.e.f 23-0-2018)
4 Subs by sec 2 (f)of U.P. Act No.- 6 of 1997 (w.e.f 09-07-1997
5 Subs by sec 3 of U.P. Act No.-29 of 1999 (w.e.f 21-05-1999)
6 Subs by sec 2 of U.P. Act No.-14 of 2021 (w.e.f 10-03-2021)
7 Subs by sec 3 of U.P. Act No. 32 of 2018 (w.e.f 23-07-2018)
(a), (b) and (c) and one percent for persons with benchmark disabilities under clauses (d)
and (e), namely:—
(a) blindness and low vision;
(b) deal 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 (a) including
deaf-blindness in the posts identified for each disabilities."]
(2) 1[XXXX]
(3) The parsons selected against the vacancies reserved under sub-section (I) shall be
placed in the appropriate categories to which they belong. For example, if a selected person
belongs to Scheduled Costae category he will be placed in that quota by making necessary
adjustments; if be belongs to Scheduled Tribes category, he will be placed in that quota by
making necessary adjustments; if he belongs to 2[Other backward classes of citizens], he
will be placed in that quota by making necessary adjustments. Similarly if he belongs to
open competition category, he will be placed in that category by making necessary
adjustments.
(4) 3 [XXXX ]
(5) 4 [XXXX]
4- Removal of difficulties-(1)If any difficulty arises in giving offect to provisions of this
Act, the State Government may, by a notified order, make such provisions not inconsistent
with the provisions of this Act as appears to it to be necessary or expedient for removing
the difficulty.
(2) 5 [XXXX]
(3)Every order made under sub-section (1) shall Isis laid, as soon as may be, before both
the Houses of State Legislature and the. provisions of sub-section (1) of section 23,A of the
Uttar Pradesh General Clauses Act, 1904 tall apply as they apply in respect of rules made
byte State Government under any Uttar Pradesh Act.
5- Savings-
6[(1) The Provisions of this Act as amended by the Uttar Pradesh Public Services
(Reservation for Physically Handicapped, Dependents. of Freedom Fighters and Ex-
1 Omitted by sec 3(b) of U.P. Act No.- 6 of 1997 (w.e.f 09-07-1997)
2 Subs by sec 3(c) of U.P. Act No.-06 of 1997 (w.e.f 09-07-1997)
3 Omitted by sec 3 (d) of U.P. Act No.- 6 of 1997 (w.e.f 09-07-1997)
4 Omitted by sec 2 of U.P. Act No.-12 of 2016 (w.e.f 07-04-2016)
5 Omitted by sec 4 of U.P. Act No.- 6 of 1997 (w.e.f 09-07-1997)
6 Subs by sec 4 of U.P. Act No.- 29 of 1999 (w.e.f 21-05-1999)
Servicemen) (Amendment) Act. 1997 shall not apply to cases in which selection process
has been initiated before the commencement of the said Act of 1997 and such cases shall
be dealt with in accordance with the provisions of this Act as they stood before such
commencement.
(1-A) The Provisions of this Act as amended by the Uttar Pradesh Public Services
(Reservation for Physically Handicapped, Dependents. of Freedom Fighters and Ex-
Servicemen) (Amendment) Act. 1999 shall not apply to cases in which selection process
has been initiated before the commencement of the said Act of 1999 and such cases shall
be dealt with in accordance with the provisions of this Act as they stood before such
commencement .
Explanation—For the purposes of sub-section (1) and (1-A) the selection process shall be
deemed to have been initiated where, under the relevant service rules, recruit is to made on
the basis of,-
(i) written test or interview only, the written test or the interview, as the case may be,
has started; or
(ii) Both written test and interview, the written test has started."]
6- Repeal and savings -
(1) The Uttar Pradesh Public Services (Reservation for Physically
Handicapped etc.) Ordinance, 1993 is hereby repealed.
(2) Not with standing such repeal, anything done Or any action taken under the
provisions of the Ordinance referred to in sub-section (I) shall deemed to have been
done or taken under the corresponding provisions of. this Act as if the provisions of
this Act wee in in force at all material times.
. ----------------------
1 [SCHEDULE
[See clause (e) of section 2]
Specified Physical Disability
1- Physical disability:-
A. Locomotor disability (a person's inability to execute distinctive activities
associated with movement of self and objects resulting from affliction of
musculoskeletal or nervous system or both), including—
(a) "leprosy cured person" means a person who has been cured of leprosy but is
suffering from—
(i) loss of sensation in hands or feet as well as loss of sensation and paresis
in the eye and eye-lid but with no manifest deformity;
(ii) manifest deformity and paresis but having sufficient mobility in their
hands and feet to enable them to engage in normal economic activity;
1 Ins sec 4 of U.P. Act No.- 32 of 2018 (w.e.f 23-07-2018)
(iii) extreme physical deformity as well as advanced age which prevents
him/her front undertaking any gainful occupation, and the expression
"leprosy cured" shall construed accordingly;
(b) "cerebral palsy" means a group of non-progressive neurological condition
affecting body movements and muscle coordination, caused by damage to one or
more specific areas of the brain, usually occurring before, during or shortly after
birth;
(c) "dwarfism" means a medical or genetic condition resulting in an adult
height of 4 feet 10 inches (147 centimeters) or less;
(d) "muscular dystrophy" means a group of hereditary genetic muscle disease
that weakens the muscles that move the human 'body and persons with multiple
dystrophy have incorrect and missing information in their genes, which prevents
them from making the proteins they need for healthy muscles. It is characterised by
progressive skeletal muscle weakness, defects in muscle proteins, and the death of
muscle cells and tissues;
(e) acid attack victims" means a person disfigured due to violent assaults by
throwing of acid or similar corrosive substance.
B. Visual impairment—
(a) "blindness" means a condition where a person has any of the following
conditions, after best correction—
(i) total absence of sight; or
(ii) visual acuity less than 3/60 or less than 10/200 (Snellen) in the better
eye with best possible correction; or
(iii) limitation of the field of vision subtending an angle of less than 10
degree.
(b) "low-vision" means a condition where a person has any of the following
conditions, namely:—
(I) visual acuity not exceeding 6/18 or less than 20/60 upto 3/60 or upto
10/200 (Snellen) in the better eye with best possible corrections; or
(II) limitation of the field of vision subtending an angle of less than 40
degree up to 10 degree.
C. Hearing impairment—
(a) "deaf' means persons having 70 DB hearing loss in speech 'frequencies in
both ears;
(b) "hard of hearing" means person having 60 DB to 70 DB hearing loss in
speech frequencies in both ears.
D. "speech and language disability" means a permanent disability arising Out of
conditions such as laryngectomy or aphasia affecting one or more components of
speech and language due to organic or , neurological causes.
2- Intellectual disability, a condition characterised by significant limitation both in
intellectual functioning (reasoning, learning, problem solving) and in adaptive behaviour
which covers a range of every day, social and practical skills, including—
(a) "specific learning disabilities" means- a heterogeneous group of conditions
wherein there is a deficit in processing language, spoken or written, that may
manifest itself as a difficulty to comprehend, speak, read, write, spell, or Id do
mathematical calculations and includes such conditions as perceptual disabilities,
dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia;
(b) "autism spectrum disorder" means a neuro-developmental condition
typically appearing in the first three years of life that significantly affects a person's
ability to communicate, understand relationships and relate to others, and is
frequently associated with unusal or stereotypical rituals or behaviours.
3- Mental behaviour,—
"mental illness" means a substantial disorder of thinking, mood, perception,
orientation or memory that grossly impairs judgment, behaviour, capacity to
recognise reality or ability to meet the ordinary demands of life, but does not
include retardation which is a condition of arrested or incomplete development of
mind of a person, specially characterised by subnormality of -intelligence.
4- Disability caused due to—
(a) chronic neurological conditions, such as—
(i) "multiple sclerosis" means an inflammatory, nervous system disease in which
the myelin sheaths around the axons of nerve cells of the brain and spinal
core are damaged, leading to demyelination and affecting the ability of nerve
cells in the bran and spinal cord to communicate with each other;
(ii) "parkinson's disease" means a progressive disease of the nervous system
marked by tremor, muscular rigidity, and slow, imprecise movement, chiefly
affecting middle-aged- and elderly people associated with degeneration of the
basal ganglia of the brain and a deficiency of the neurotransmitter' dopamine.
(b) Blood disorder—
(i) "haemophilia" means an inheritable disease, usually affecting only male but
transmitted by women to their male children, characterized by loss or
impairment of the normal clotting ability of blood so that a minor wound may
result in fatal bleeding;
(ii) "thalassemia" means a group of inherited disorders characterized by reduced
or absent amounts of hemoglobin.
(ii) "sickle cell disease" means a hemolytic disorder characterised by chronic
anemia, painful events, and various complications due to associated tissue
and organ damage;
Explanation :- "hemolytic" refers to the destruetion of the cellmembrane of red blood
cells resulting in the release of haemoglobin.
5. Multiple Disabilities (more than one of the above specified disabilities) including
deaf blindness which means a condition in which a person may have combination
of hearing and visual impairments causing severe communication, developmental,
and educational problems.
6. Any other category as may be notified by the State Government." ]