The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [No. 1 of 1996] [1 st January, 1996] An Act.

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Presentation transcript:

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 [No. 1 of 1996] [1 st January, 1996] 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. This act has 14 Chapters and 74 Sections.

CHAPTER-I PRELIMINARY Section 1. Short title, extent and commencement. 2. Definitions 2. Definitions

CHAPTER- II THE CENTRAL CO-ORDINATION COMITTEE Section -3. Central Co-ordination Committee. 4. Term of office of Members. 4. Term of office of Members. 5. Disqualifications. 5. Disqualifications. 6. Vacation of seats by Members. 6. Vacation of seats by Members. 7. Meetings of the Central Co-ordination Committee. 7. Meetings of the Central Co-ordination Committee. 8. Functions of the Central Co-ordination Committee. 8. Functions of the Central Co-ordination Committee. 9. Central Executive Committee. 9. Central Executive Committee. 10. Functions of the Central Executive Committee. 10. Functions of the Central Executive Committee. 11. Meetings of the Central Executive Committee. 11. Meetings of the Central Executive Committee. 12. Temporary association of persons with Central Executive Committee for particular 12. Temporary association of persons with Central Executive Committee for particular purposes. purposes.

CHAPTER- III THE STATE CO-ORDINATION COMMITTEE Section -13. State Co-ordination Committee. Section -13. State Co-ordination Committee. 14. Terms and conditions of service of Members. 14. Terms and conditions of service of Members. 15. Disqualifications. 15. Disqualifications. 16. Vacation of seats. 16. Vacation of seats. 17. Meetings of the State Co-ordination Committee. 17. Meetings of the State Co-ordination Committee. 18. Functions of the State Co-ordination Committee. 18. Functions of the State Co-ordination Committee. 19. State Executive Committee. 19. State Executive Committee. 20. Functions of the State Executive Committee. 20. Functions of the State Executive Committee. 21. Meetings of the State Executive Committee. 21. Meetings of the State Executive Committee. 22. Temporary association of persons with State Executive Committee for particular purposes. 22. Temporary association of persons with State Executive Committee for particular purposes. 23. Power to give directions. 23. Power to give directions. 24. Vacancies not to invalidate proceedings. 24. Vacancies not to invalidate proceedings.

CHAPTER- IV PREVENTION AND EARLY DETECTION OF DISABILITIES Section Appropriate Governments and local authorities to take certain steps for prevention of occurrence of disabilities.

CHAPTER- V EDUCATION Section -26. Appropriate Governments and local authorities to provide children with disabilities free education, etc. disabilities free education, etc. 27. Appropriate Governments and local authorities to make schemes and 27. Appropriate Governments and local authorities to make schemes and programmes for non- formal education, etc. programmes for non- formal education, etc. 28. Research for designing and developing new assistive devices, teaching 28. Research for designing and developing new assistive devices, teaching aids, etc. aids, etc. 29. Appropriate Governments to set up teachers’ training institutions to 29. Appropriate Governments to set up teachers’ training institutions to develop trained manpower for schools for children with disabilities. develop trained manpower for schools for children with disabilities. 30. Appropriate Governments to prepare a comprehensive education scheme 30. Appropriate Governments to prepare a comprehensive education scheme proving for transport facilities, supply of books, etc. proving for transport facilities, supply of books, etc. 31. Educational institutions to provide amanuensis to students with visual 31. Educational institutions to provide amanuensis to students with visual handicap. handicap.

CHAPTER- VI EMPLOYMENT Section Identification of posts which can be reserved for persons with disabilities. disabilities. 33. Reservation of posts. 33. Reservation of posts. 34. Special Employment Exchange. 34. Special Employment Exchange. 35. Power to inspect record or document in possession of any establishment. 35. Power to inspect record or document in possession of any establishment. 36. Vacancies not filled up to be carried forward. 36. Vacancies not filled up to be carried forward. 37. Employers to maintain records. 37. Employers to maintain records. 38. Schemes for ensuring employment of persons with disabilities. 38. Schemes for ensuring employment of persons with disabilities. 39. All educational institutions to reserve seats for persons with disabilities. 39. All educational institutions to reserve seats for persons with disabilities. 40. Vacancies to be reserved in poverty alleviation schemes. 40. Vacancies to be reserved in poverty alleviation schemes. 41. Incentives to employers to ensure five per cent of the work force 41. Incentives to employers to ensure five per cent of the work force is composed of persons with disabilities. is composed of persons with disabilities.

CHAPTER- VII AFFIRMATIVE ACTION Section-42. Aids and appliances to persons with disabilities. 43. Schemes for preferential allotment of land for certain purposes. 43. Schemes for preferential allotment of land for certain purposes.

CHAPTER- VIII NON-DISCRIMINATION Section Non-discrimination in transport. 45. Non-discrimination on the road. 45. Non-discrimination on the road. 46. Non-discrimination in the built environment. 46. Non-discrimination in the built environment. 47. Non-discrimination in Government employment. 47. Non-discrimination in Government employment.

CHAPTER- IX RESEARCH AND MANPOWER DEVELOPMENT Section Research. 49. Financial incentives to Universities to enable them to undertake 49. Financial incentives to Universities to enable them to undertake research. research.

CHAPTER- X RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES Section Competent authority. 51. No person to establish or maintain an institution for persons with disabilities except in accordance with a certificate of registration. 51. No person to establish or maintain an institution for persons with disabilities except in accordance with a certificate of registration. 52. Certificate of registration. 52. Certificate of registration. 53. Revocation of certificate. 53. Revocation of certificate. 54. Appeal. 54. Appeal. 55. Act not to apply to institutions established or maintained by the 55. Act not to apply to institutions established or maintained by the Central or State Government. Central or State Government.

CHAPTER- XI INSTITUTION FOR PERSONS WITH SEVERE DISABILITIES Section- 56. Institutions for persons with severe disabilities.

CHAPTER- XII THE CHIEF COMMISSIONER AND COMMISSIONERS FOR PERSONS WITH DISABILITIES Section Appointment of Chief Commissioner for persons with disabilities. Section Appointment of Chief Commissioner for persons with disabilities. 58. Functions of the Chief Commissioner. 58. Functions of the Chief Commissioner. 59. Chief Commissioner to look into complaints with respect to deprivation of rights of 59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities. persons with disabilities. 60. Appointment of Commissioners for persons with disabilities. 60. Appointment of Commissioners for persons with disabilities. 61. Powers of the Commissioner. 61. Powers of the Commissioner. 62. Commissioner to look into complaints with respect to matters relating to deprivation 62. Commissioner to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities. of rights of persons with disabilities. 63. Authorities and officers to have certain powers of civil court. 63. Authorities and officers to have certain powers of civil court. 64. Annual report to be prepared by the Chief Commissioner. 64. Annual report to be prepared by the Chief Commissioner. 65. Annual reports to be prepared by the Commissioners. 65. Annual reports to be prepared by the Commissioners.

CHAPTER - XIII SOCIAL SECURITY Section Appropriate Governments and local authorities to undertake rehabilitation. 67. Insurance scheme for employees with disabilities. 67. Insurance scheme for employees with disabilities. 68. Unemployment allowance. 68. Unemployment allowance.

CHAPTER- XIV MISCELLANEOUS Section- 69. Punishment for fraudulently availing any benefit meant for persons with disabilities. with disabilities. 70. Chief Commissioners, Commissioners, Officers and other staff to be public servants. 70. Chief Commissioners, Commissioners, Officers and other staff to be public servants. 71. Protection of action taken in good faith. 71. Protection of action taken in good faith. 72. Act to be in addition to and not in derogation of any other law. 72. Act to be in addition to and not in derogation of any other law. 73. Power of appropriate Government to make rules. 73. Power of appropriate Government to make rules. 74. Amendment of Act 39 of Amendment of Act 39 of 1987.

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