Persons With Disability Act, 1995
PURPOSE
OF THE ACT
This Act
was passed by the Parliament on Dec.12, 1995 and notified on Feb. 7, 1996. The
Act fixes responsibility of the Central and State Governments, local bodies to
provide services, facilities to people with disabilities to provide equal
opportunities for participating as productive citizens of the country. The Act
enlists rights and facilities persons with disabilities would be entitled to and
which are enforceable.
This is an
important landmark. The act provides for both preventive and promotional aspects
of rehabilitation.
Disabilities
covered in the Act are :- blindness, low vision, leprosy-cured, hearing
impairment, locomotor disability, mental retardation, and mental illness.
A person
with disability has to be certified by a medical authority that he or she is
suffering from not less than 40% of the disability.
CHAPTER
II -
THE
CENTRAL CO-ORDINATION COMMITTEE AND EXECUTIVE COMMITTEE
1.
The Central Government shall constitute a Central Co-ordination Committee
(CCC), headed by the Minister of Social Justice and Empowerment.
CCC
consists of 39 persons, 24 will be official members and 15 nominated by the
Government, will represent NGOs and associations concerned with disabilities.
Atleast one woman and one person from SC or ST is to be included. The term of
all the members will be for three years.
Important
functions of the Central Coordination Committee shall be the following :-
a)
Review and coordinate the activities of Government and
NGOs.
b)
Development of National Policy.
c)
Advise the Central Government on the formulation of
policies, programs, legislation and projects.
d)
Advocacy with national and international organisations
with a view to provide for schemes and projects for the disabled in the national
and international plans and programs.
e)
Review donor funding policies from the perspective of
their impact on persons with disabilities.
f)
To ensure
barrier free environment.
g)
Monitor and evaluate the impact of policies and
programs.
The Central
Coordination Committee will be bound by such directions in writing as the
Central Government may give it. The Committee shall meet once every six months.
2.
The Central Executive Committee (CEC)
The Central
Co-ordination Committee shall carry out the decisions of the Central
Coordination Committee. The Executive Committee shall meet every three months.
CEC will
consist of 23 persons, including five persons concerned with disability.
CHAPTER
III -
THE
STATE COORDINATION AND EXECUTIVE COMMITTEE
Each state
shall appoint a State Coordination Committee, consisting of 23 official and five
non-official members.
The State
Executive Committee will have 13 official and 5 non-official members.
The terms
and conditions and functions of the State Committees shall be the same as those
of the Central Committees.
Within the
limits of economic capacity and development, the concern authorities, with a
view to preventing the occurrence of disabilities, shall -
a)
Undertake or
cause to be undertaken surveys, investigations and research concerning the cause
of occurrence of disabilities.
b)
Promote various
methods of preventing disabilities.
c)
Screen all
children at least once in a year for identifying at-risk cases.
d)
Provide
facilities to trained staff at the primary health centres.
e)
Sponsor or cause
to be sponsored, awareness campaigns and disseminate information for general
hygiene, health and sanitation.
f)
Take measures
for prenatal and postnatal 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 masses through TV, radio and other mass media on the causes of
disabilities and its prevention.
CHAPTER
V
Every child
with disability should have access to free and adequate education till the age
of 18, integrate students with disabilities into normal schools, set up special
schools in government and private sectors and equip these special schools with
vocational training facilities.
Introduce
schemes for non-formal education of children who have discontinued their
education after 5th class. Conduct special part time classes for functional
literacy in the age group of 16 and above and provide each child, free of cost
special books and equipments needed for his or her education, including
education in open schools and universities.
The
Government shall set up teachers training institutions to run special schools
and integrated schools for children with disabilities by trained teachers.
The
Government shall provide, to such children, transport facilities, remove
architectural barriers from educational institutions imparting vocational
training and education, provide books, uniforms and other materials to children
attending schools, grant scholarships and restructure curriculum for the benefit
of students with disabilities with disabilities.
Government
shall promote research for assistive devices to give a child with disability
equal opportunities in education.
Government
shall present a comprehensive education scheme including transportation, barrier
free environment and grievances redressal forum.
CHAPTER
VI
EMPLOYMENT
The
Government shall reserve atleast 3% posts in Government jobs for persons with
disabilities as follows :-
1.
Blindness or low vision
1%
2.
Hearing Impairment
1%
3.
Locomotor Disability or Cerebral palsy
1%
If in any
year, vacancy cannot be filled then it would be carried to next year, thereafter
people with other disabilities can be given employment and finally, if there is
no suitable disabled person, then only a person other than a person with
disability can be given employment.
Special
employment exchange would be set up.
Appropriate
Governments shall formulate schemes for ensuring employment of persons with
disability including training.
All
Government shall reserve not less than 3% seats for persons with disabilities.
Not less than 3% of all poverty alleviation schemes shall be reserved for
persons with disabilities. Government shall within their economic capacities
frame scheme to give incentives to employers in public and private sectors to
ensure that atleast 5% of their work force is composed of persons with
disabilties.
CHAPTER
VII
AFFIRMATIVE
ACTION
The
Government shall provide aids and appliances to persons with disabilities and
shall provide land at concessional rates for allotment to persons with
disabilities for housing, business, special recreation centres, special schools,
research centres and factories by entrepreneurs with disabilities.
CHAPTER
VIII
NON
DISCRIMINATION
Government
transport shall take special measures to adapt their facilities and amenities so
to permit easy access to persons with disabilities.
All
authorities shall within their capacity, provide auditory signals along red
lights, crossings, constructions shall be designed for wheel chair users, and
engraving on zebra crossing for blind people. Building and toilets shall be
constructed with ramps and other features.
No employer
shall terminate an employee who acquires a disability during service. No
employer shall also deny promotion to an employee on grounds of disability.
CHAPTER
IX
RESEARCH
AND MANPOWER DEVELOPMENT
Government
shall promote, sponsor research to prevent disability, rehabilitate the
disabled, develop assistive device, identify jobs and develop pro-disabled
structural features in factories and offices.
RECOGNITION
OF INSTITUTIONS FOR PERSONS WITH DISABILITIES
Within six
months of this Act being passed, persons running establishments or institutions
for persons with disability shall apply under this Act, for a certificate of
registration from a competent authority of the State Government.
CHAPTER
XI
INSTITUTION
FOR PERSONS WITH SEVERE DISABILITIES
Persons
having 80% or more disabilities are considered persons with severe disabilities.
Governments shall establish and maintain institutions for them. Where private
institutions, meeting Government standards exist, they shall be recognised for
the purpose.
CHAPTER
XII
The Central
Government shall appoint a Chief Commissioner for persons with disabilities for
the implementation of this Act. The Chief Commissioner shall coordinate the work
of the Commissioners, monitor the utilization of funds distributed by the
Central Government.
Commissioners
shall have similar responsibilities at the State level. The Chief Commissioner
and the Commissioner shall take up any complaint or suomoto regarding
deprivation of rights with persons of disabilities and non implementation of
laws, rules, orders, instructions issued by the Government or local authorities.
The Chief
Commissioner and Commissioners have the same powers as are vested in a court
under the Code of Civil procedure, 1908 for summoning and enforcing attendance
of witnesses, receiving evidence on affidavits, etc.
The Chief
Commissioner shall prepare an annual report to be layed in Parliament. The
Commissioner shall submit an annual report to the State Legislature.
CHAPTER
XIII
SOCIAL
SECURITY
The
Government shall within their economic limits, undertake rehabilitation of all
persons with disabilities, grant financial assistance to NGOs undertaking
rehabilitation programms for persons with disabilities. Where possible, give
unemployment allowance to persons with disabilities registered with the special
employment exchange for more than 2 years, and who could not be placed in any
gainful occupation. Insurance schemes for the employed, and if needed, insurance
scheme for non-employed by the Government is also mentioned.
MISCELLANEOUS
Whoever
attempts to commit fraud and avail of the benefits meant for persons with
disabilities shall be punished upto two years imprisonment and upto Rs.20,000
fine.
The Chief
Commissioner, the Commissioners, officers and staff provided to implement this
Act shall be deemed to be public servants.
NOTE :-
Please refer to authentic copy of the Act for legal purposes and details.