The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, 1 of 1996
PUBLISHED IN PART II, SECTION 1 OF THE EXTRAORDINARY GAZETTE OF INDIA
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)
The following Act of Parliament received the assent of the President on the 1st January, 1996, and is hereby published for general information: –
No.1 OF 1996, 1st 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.
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 necessary to implement the Proclamation aforesaid.
Be it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows: –
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| Title | The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 |
| Sections: | Particulars: |
| 1. | Short title and commencement |
| 2. | Definitions |
| 3. | Central Coordination Committee |
| 4. | Term of office of Members |
| 5. | Disqualifications |
| 6. | Vacation of seats by Members |
| 7. | Meetings of the Central Coordination Committee |
| 8. | Functions of the Central Coordination Committee |
| 9. | Central Executive Committee |
| 10. | Functions of the Central Executive Committee |
| 11. | Meetings of the Central Executive Committee |
| 12. | Temporary association of persons with Central Executive Committee for particular purposes |
| 13. | State Coordination Committee |
| 14. | Terms and conditions of service of Members |
| 15. | Disqualifications |
| 16. | Vacation of seats |
| 17. | Meetings of the State Coordination Committee |
| 18. | Functions of the State Coordination Committee |
| 19. | State Executive Committee |
| 20. | Functions of the State Executive Committee |
| 21. | Meetings of the State Executive committee |
| 22. | Temporary association of persons with State Executive Committee for particular purposes |
| 23. | Power to give directions |
| 24. | Vacancies not to in validate proceedings |
| 25. | Appropriate Governments and local authorities to take certain steps for the prevention of occurrence of disabilities |
| 26. | Appropriate Governments and local authorities to provide children with disabilities free education, etc |
| 27. | Appropriate Governments and local authorities to make schemes and programmes for non-formal education, etc |
| 28. | Research for designing and developing new assistive devices, teaching aids, etc |
| 29. | Appropriate Governments to set up teachers’ training institutions to develop trained manpower for schools for children with disabilities |
| 30. | Appropriate Governments to prepare a comprehensive education scheme providing for transport facilities, supply of books, etc |
| 31. | Educational institutions to provide amanuensis to students with visual handicap |
| 32. | Identification of posts which can be reserved for persons with disabilities |
| 33. | Reservation of posts |
| 34. | Special Employment Exchange |
| 35. | Power to inspect record or document in possession of any establishment |
| 36. | Vacancies not filled up to be carried forward |
| 37. | Employers to maintain records |
| 38. | Schemes for ensuring employment of persons with disabilities |
| 39. | All educational institutions to reserve seats for persons with disabilities |
| 40. | Vacancies to be reserved in poverty alleviation schemes |
| 41. | Incentives to employers to ensure five per cent. of the work force is composed of persons with disabilities |
| 42. | Aids and appliances to persons with disabilities |
| 43. | Schemes for preferential allotment of land for certain purposes |
| 44. | Non-discrimination in transport |
| 45. | Non-discrimination on the road |
| 46. | Non-discrimination in the built environment |
| 47. | Non-discrimination in Government employment |
| 48. | Research |
| 49. | Financial incentives to Universities to enable them to undertake research |
| 50. | Competent authority |
| 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 |
| 53. | Revocation of certificate |
| 54. | Appeal |
| 55. | Act not to apply to institutions established or maintained by the Central or State Government |
| 56. | Institutions for persons with severe disabilities |
| 57. | Appointment of Chief Commissioner for persons with disabilities |
| 58. | Functions of the Chief Commissioner |
| 59. | Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities |
| 60. | Appointment of Commissioners for persons with disabilities |
| 61. | Powers of the Commissioner |
| 62. | Commissioner to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities |
| 63. | Authorities and officers to have certain powers of civil court |
| 64. | Annual report to be prepared by the Chief Commissioner |
| 65. | Annual reports to be prepared by the Commissioners |
| 66. | Appropriate Governments and local authorities to undertake rehabilitation |
| 67. | Insurance scheme for employees with disabilities |
| 68. | Unemployment allowance |
| 69. | Punishment for fraudulently availing any benefit meant for persons with disabilities |
| 70. | Chief Commissioners, Commissioners, officers and other staff to be public servants |
| 71. | Protection of action taken in good faith |
| 72. | Act to be in addition to and not in derogation of any other law |
| 73. | Power of appropriate Government to make rules |
| 74. | [Repealed.] |