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PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995
1 OF 1996
STATEMENT OF OBJECTS AND REASONS The meeting to launch the Asian and Pacific Decade of the Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asian and Pacific Region, held at Beijing on 1st to 5th December, 1992 adopted the proclamation on the Full Participation and Equality of People with Disabilities in the Asia and the Pacific region. India is a signatory to the said proclamation and it is necessary to enact a suitable legislation to provide for the following :- (i) to spell out the responsibility of the State towards (lie prevention of disabilities, protection of rights, provision of medical care, education, training employment and rehabilitation of persons with disabilities; (ii) to create barrier free environment for persons with disabilities: (iii) to remove any discrimination against persons with disabilities in the sharing of development benefits, vis-a- vis, non-disabled persons, (iv) to counteract any situation of the abuse and the exploitaton of persons with disabilities; (v) to lay down a strategies for comprehensive development of programmes and services and equalisation of opportunities for persons with disabilities; and (vi) to make special provision for the integration of persons with disabilities into the social mainstream. 2. Accordingly, it is proposed to provide inter alia for the constitution of Co-ordination Committees and Executive Committees at the Central and State levels to carry out the various functions assigned to them. Within the limits of their economic capacity and development the appropriate Governments and the local authorities will have to undertake various measures for the prevention and early detection of disabilities, creation of barrier free environment, provision for rehabilitation services, etc. The Bill also provides lor education, employment and vocational training, reservation in identified posts, research and manpower development, establishment of homes for persons with severe disabilities, etc. For effective implementation of the provisions of the Bill, appointment of the Chief Commissioner for persons with disabilities at the Central level and Commissioners for persons with disabilities at the State level clothed with powers to monitor the funds disbursed by the Central and State Governments and also to take steps to safeguard the rights of the persons with disabilities is also envisaged. 3. The Bill seeks to achieve the above objects.- Gaz. of Ind., 26-8-95, Pt. 2. S. 2, Ext. p. 25 (No. 45).An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. WHEREAS the Meeting to launch the Asian and Pacific Decade of Disabled Persons 1993- 2002 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December, 1992. adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region: AND WHEREAS India is a signatory to the said proclamation; AND WHEREAS it is considered necesary to implement the proclamation aforesaid. Be it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows :-
CHAPTER 1 : PRELIMINARY
SECTION 1 : Short title, extent and commencement
(1) This Act may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date3 (a) [a] 7-2-1996-See Gax. of Ind.. 7-9-1996. Pt. II, S. 3(i), Ext., p. 1 (No. 84). as the Central Government may, by notification, appoint.
SECTION 2 : Definitions
In this Act, unless the context otherwise requires.- (a) "appropriate Government" means,-
(i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government:
(ii) in relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government:
(iii) in respect of the Central Co-ordination Committee and the Central Executive Committee, the Central Government:
(iv) in respect of the State Co-ordination Committee and the State Executive Committee the State Government:
(b) "blindness" refers to a condition where a person suffers from any of the following conditions, namely:-
(i) total absence of sight: or
(ii) visual acuity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses: or
(iii) limitation of the field of vision subtending an angle of 20 degrees or worse:
(c) "Central Co-ordination Committee" means the Central Co-ordination Committee constituted under sub-section (1) of (section 3) :
(d) "Central Executive Committee" means the Central Executive Committee constituted under sub-section ( 1 ) of (section 9) :
(e) "cerebral palsy" means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre- natal, peri-natal or infant period of development;
(f) "Chief Commissioner" means the Chief Commissioner appointed under sub-section (1) of (section 57) :
(g) "Commissioner" means the Commissioner appointed under sub-section ( 1 ) of (section 60) ;
(h) "competent authority" means the authority appointed under (section 50) :
(i) "disability" means-
(i) blindness:
(ii) low vision;
(iii) leprosy-cured;
(iv) hearing impairment;
(v) locomotor disability;
(vi) mental retardation;
(vii) mental illness;
(j) "employer" means.-
(i) in relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and
(ii) in relation to an establishment, the chief executive officer of that establishment;
(k) "establishment" means a corporation established by or under a Central, Provincial or Stale 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 (S.617 of the Companies Act, 1956) and includes Departments of a Government;
(l) "hearing impairment" means loss of sixty decibels or more in the better year (sic) in the conversational range of frequencies;
(m) "institution for persons with disabilities" means an institution for the reception, care protection, education, training, rehabilitation or any other service of persons with disabilities:
(n) "leprosy cured person" means any person who has been cured of leprosy but is suffering from-
(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
(ii) manifest deformity and paresis but having mobility in their hands and feet to enable them to engage in normal economic activity;
(iii) extreme physical deformity as well as advanced age which prevents him from undertaking any gainful occupation. and the expression "leprosy cured" shall be construed accordingly;
(o) "locomotor disability" means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy;
(p) "medical authority" means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government;
(q) "mental illness" means any mental disorder other than mental retardation;
(r) "mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterised by.subnormality of intelligence;
(s) "notification" means a notification published in the Official Gazette;
(t) "person with disability" means a person suffering from not less than forty per cent of any disability as certified by a medical authority;
(u) "person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of rising vision for the planning or execution of a task with appropriate assistive device;
(v) "prescribed" means prescribed by rules made under this Act;
(w) "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels:
(x) "Special Employment Exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting-
(i) persons who seek to engage employees from amongst the persons suffering from disabilities;
(ii) persons with disability who seek employment;
(iii) vacancies to which person with disability seeking employment may be appointed;
(y) "State Co-ordination Committee" means the State Co-ordination Committee constituted under sub-section ( 1 ) of (section 13) ;
(z) "State Executive Committee" means the State Executive Committee constituted under sub- section ( 1 ) of (section 19) .
CHAPTER 2 : THE CENTRAL CO-ORDINATION COMMITTEE
SECTION 3 : Central Co-ordination committee
(1) The Central Government shall by notification constitute a body to be known as the Central Co-ordination Committee to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Central Co-ordination Committee shall consist of-
(a) the Minister in-charge of the Department of Welfare in the Central Government, Chairperson, ex officio;
(b) the Minister of State in-charge of the Department of Welfare in the Central Government, Vice-Chairperson, ex officio:
(c) Secretaries to the Government of India in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel, Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Legal Affairs, Public Enterprises, Members, ex officio;
(d) Chief Commissioner, Member, ex officio;
(c) Chairman Railway Board, Member, ex officio;
(f) Director-General of Labour. Employment and Training, Member, ex officio;
(g) Director, National Council for Educational Research and Training, Member, ex officio;
(h) three Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States, Members;
(i) three persons to be nominated by the Central Government to represent the interests which in the opinion of that Government ought to be represented. Members;
(j) Directors of the-
(i) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secunderabad;
(iii) National Institute for the Orthopaedically Handicapped, Calcutta:
(iv) Ali Yavar Jung National Institute for the Heading Handicapped, Bombay, Members, ex officio;
(k) four Members to be nominated by the Central Government by rotation to represent the States and the Union Territories in such manner as may be prescribed by the Central Government: Provided that no appointment under this clause shall be made except on the recommendation of the State Government or, as the case may be, the Union Territory:
(1) five persons as far as practicable, being persons with disabilities, to represent non- Governmental organisations or associations which are concerned with disabilities, to be nominated by the Central Government, one from each area of disability, members : - Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes:
(m) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, member-Secretary, ex officio.
(3) The office of the Member of the Central Co-ordination Committee shall not disqualify its holder for being chosen as or for being a Member of either House of Parliament.
SECTION 4 : Term of office of Members
(1) Save as otherwise provided by or under this Act a Member of Central Co-ordination Committee nominated underclause (i) or clause (1) of sub-section (2) of (section 3) shall hold offfice for a term of three years from the date of his nomination : Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) The term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated.
(3) The Central Government may if it thinks fit remove any Member nominated under clause (i) or clause (1) of sub-section (2) of (section 3,) before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
(4) A Member nominated under clause (i) or clause (1) of sub-section (2) of (section 3) may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant.
(5) A casual vacancy in the Central Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was so nominated.
(6) A Member nominated under clause (i) or clause (1) of sub-section (2) of (section 3) shall be eligible for renomination.
(7) Members nominated under clause (i) and clause (1) of sub-section (2) of (section 3) shall receive such allowances as may be prescribed by the Central Government.
SECTION 5 : Disqualifications
(1) No person shall be a Member of the Central Co-ordination Committee, who-
(a) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is or has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or
(d) is or at any time has been convicted of an offence under this Act, or
(e) has so abused in the opinion of the Central Government his position as a Member as to render his continuance in the Central Co-ordination Committee detrimental to the interests of the general public.
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