PERSONS WITH DISABILITIES EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION ACT, 1995
(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 date1 as the Central Government may, by notification, appoint.
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1. Came into force on 7-2-1996, vide S.O. 107 (E), dated 7th February, 1996.
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 (2 of 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, th
(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 a
(1) Save as otherwise provide by or under this Act a Member of Central Co-ordination Committee nominated under clause (i) or clause (1) of sub-section (2) of section 3 shall hold office 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 (l) of sub-section (2) of the section 3, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
(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 offense 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.
If a Member of the Central Co-ordination Committee becomes subject to any of the disqualifications specified in section 5, his seat shall become vacant.
The Central Co-ordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.
(1) Subject to the provisions of this Act, the function of the Central Co-ordination Committee shall be to serve as the national focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.
(2) In particular and without prejudice to the generality of the foregoing, the Central Co-ordination Committee may perform all or any of the following functions, namely:—
(a) review and coordinate the activities of all the Departments of Government and other Governmental and non-Governmental Organizations which are dealing with matters relating to persons with disabilities;
(b) develop a national policy to address issues faced by person with disabilities;
(1) The Central Government shall constitute a Committee to be known as the Central Executive Committee to perform the functions assigned to it under this Act.
(2) The Central Executive Committee shall consist of—
(a) the Secretary to the Government of India in the Ministry of Welfare Chairperson, ex officio;
(b) the Chief Commissioner, Member, ex officio;
(c) the Director-General for Health Services Member, ex officio;
(d) the Director-General, Employment and Training Member, ex officio;
(e) six persons not below the rank of a Joint Secretary to the Government of India, to represent the Ministries or Departments of Rural Development, Education, We
(1) The Central Executive Committee shall be the executive body of the Central Co-ordination Committee and shall be responsible for carrying out the decisions of the Central Co-ordination Committee,
(2) Without prejudice to the provisions of sub-section (1), the Central Executive Committee shall also perform such other functions as may be delegated to it by the Central Co-ordination Committee.
The Central Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.
(1) The Central Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the Central Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
(2) A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the Central Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.
(3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the Central Governme
(1) Every State Government shall, by notification constitute a body to be known as the State Co-ordination Committee to exercise the powers conferred on, and to perform the function assigned to it, under this Act.
(2) The State Co-ordination Committee shall consist of—
(a) The Minister-in-Charge of the Department of Social Welfare in the State Government, Chairperson, ex officio;
(b) the Minister of State in charge of the Department of Social Welfare, if any, Vice-Chairperson, ex officio;
(c) Secretaries to the State Government 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
(1) Save as otherwise provided by or under this Act, a Member of a State Co-ordination Committee nominated under clause (f) or clause (h) of sub-section (2) of section 13 shall hold office 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 State Government may, if thinks fit, remove any Member nominated under clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
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(1) No person shall be a Member of the State Co-ordination Committee, who—
(a) is, or at any time, has been adjudged insolvent or has suspended payment of his debtor 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 State 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 State Government, his position as a member as to render his continuance in the State Co-ordination Committee detrimental to the interests of the general public.
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If a Member of the State Co-ordination Committee becomes subject to any of the disqualifications specified in section 15, his seat shall become vacant.
The State Co-ordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.
(1) Subject to the provisions of this Act, the function of the State Co-ordination Committee shall be to serve as the state focal point on disability matters facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.
(2) In particular and without prejudice to the generality of the foregoing function the State Co-ordination Committee may, within the State perform all or any of the following functions, namely:—
(a) review and coordinate the activities of all the Departments of Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities;
(b) develop a State policy to address issues faced by persons with disabilities;
(1) The State Government shall constitute a committee to be known as the State Executive Committee to perform the functions assigned to it under this Act.
(2) The State Executive Committee shall consist of—
(a) the Secretary, Department of Social Welfare, Chairperson, ex officio;
(b) the Commissioner, Member, ex officio;
(c) nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of the Health, Finance, Rural Development, Education, Welfare, Personnel Public Grievances, Urban Affairs, Labour and Employment, Science and Technology, Members, ex officio;
(d) one person to be nominated by the State Government to represent the interest, which in th
(1) The State Executive Committee shall be the executive body of the State Co-ordination Committee and shall be responsible for carrying out the decisions of the State Co-ordination Committee.
(2) Without prejudice to the provisions of sub-section (1), the State Executive committee shall also perform such other functions as may be delegated to it by the State Co-ordination Committee.
The State Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government.
(1) The State Executive Committee may association with itself in such manner and for such purposes as may be prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
(2) A person associated with the State Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.
(3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the State Government.
In the performance of its functions under this Act,—
(a) the Central Co-ordination Committee shall be bound by such directions in writing, as the Central Government may give to it; and
(b) the State Co-ordination Committee shall be bound by such directions in writing, as the Central Co-ordination Committee or the State Government may give to it:
Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Co-ordination Committee, the matter shall be referred to the Central Government for its decision.
No act or proceeding of the Central Co-ordination Committee, the Central Executive Committee, a State Co-ordination Committee or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.
Within the limits of their economic capacity and development, the appropriate Governments and the local 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 the children at least once in a year for the purpose of identifying “at-risk” cases;
(d) provide facilities for training to the staff at the primary health centres;
(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health an
The appropriate Governments and the local authorities shall—
(a) ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;
(b) endeavour to promote the integration of students with disabilities in the normal schools;
(c) promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;
(d) endeavour to equip the special schools for children with disabilities with vocational training facilities.
The appropriate Governments and the local authorities shall by notification make schemes for—
(a) conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;
(b) conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;
(c) imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;
(d) imparting education through open schools or open universities;
(e) conducting class and discussions through interactive electronic or other media;
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The appropriate Governments shall initiate or cause to be initiated research by official and non-Governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.
The appropriate Governments shall set up adequate number of teachers’ training institutions and assist the national institutes and other voluntary organisations to develop teachers’ training programmes specialising in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.
Without prejudice to the foregoing provisions, the appropriate Governments shall by notification prepare a comprehensive education scheme which shall make provision for—
(a) transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools;
(b) the removal of architectural barriers from schools, colleges or other institutions imparting vocational and professional training;
(c) the supply of books, uniforms and other materials to children with disabilities attending school;
(d) the grant of scholarship to students with disabilities;
(e) setting up of appropriate fora for th
All educational institutions shall provide or cause to be provided amanuensis to blind students and students with or low vision.
Appropriate Governments shall—
(a) identify posts, in the establishments, which can be reserved for the persons with disability;
(b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.
Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from—
(i) blindness or low vision;
(ii) hearing impairment;
(iii) locomotor disability or cerebral palsy,
in the posts identified for each disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
Section 33 of the Persons with Disabilities Act, 1995, mandates a minimum reservation of 3% of vacancies for persons with disabilities in every establishment. It aims to ensure their full participation in employment and public services, reflecting constitutional commitments to equality and non-discrimination. The provision underscores the importance of affirmative action to integrate persons with disabilities into mainstream society, promoting dignity and equal opportunity.
Section 33 stipulates that every appropriate government shall appoint in every establishment a percentage of vacancies not less than 3% for persons or classes of persons with disabilities. It emphasizes that this reservation is a horizontal measure, applicable across all posts and cadres, and mandates identification of suitable posts for reservation. It also provides that the reservation shall be implemented in a manner consistent with the nature of work and the capacity of persons with disabilities.
Section 33 applies broadly to all establishments, including government departments, public sector undertakings, educational institutions, and private sector entities covered under the Act. It mandates proactive identification of suitable posts and effective implementation of reservation policies. Courts have clarified that the reservation is a constitutional and statutory obligation, and non-compliance can be challenged legally. The scope also extends to promotional avenues, as clarified by judicial pronouncements, emphasizing the right of persons with disabilities to reservation in promotions.
While the Act itself does not specify direct penal provisions for non-compliance, courts have held that failure to implement reservation provisions constitutes an infringement of statutory rights. Such violations can lead to judicial directions, quashing of appointments, or orders to fill backlog vacancies. The Supreme Court and High Courts have emphasized that statutory obligations under Section 33 are mandatory, and failure to comply can attract judicial remedies, including contempt proceedings in extreme cases.
Mandatory Nature - Section 33 imposes a non-optional obligation on all establishments to reserve at least 3% of vacancies for persons with disabilities, reflecting the constitutional ethos of equality [01100043952].
Horizontal Reservation - The reservation is a horizontal measure applicable across all cadres and posts, not restricted to specific categories, ensuring comprehensive inclusion [Kerala Public Service Commission VS Sujith Kumar].
Prevails Over State Rules - The provisions of Section 33 override inconsistent State rules or policies, establishing the primacy of the Act’s reservation mandate [Prof. I. Elangovan VS The Government of Tamil Nadu, rep. by its Chief Secretary, Fort St. George, Chennai – 9 & Others].
Applicability to All Posts - Reservation applies equally to Group A, B, C, and D posts, and in promotional avenues, as clarified by Supreme Court judgments, emphasizing the right to reservation in promotions [Partap Singh VS State of H. P. ].
Identification of Posts - Proper identification of suitable posts for reservation is a statutory requirement; failure to do so can invalidate appointments and violate rights [Kerala Public Service Commission VS Sujith Kumar].
Implementation Responsibility - The head of the establishment or concerned authorities are personally responsible for ensuring reservation compliance, including maintaining records and filling backlog vacancies [Arun Kumar Singh VS State of Jharkhand].
Exemptions - The government can issue notifications exempting certain posts or establishments if the nature of work makes reservation impractical, but such exemptions must be justified and in accordance with law [01100039603].
Reservation in Promotions - Courts have upheld reservation in promotional avenues for persons with disabilities, reinforcing their right to equal opportunity in career advancement [Lokesh VS State of Himachal Pradesh].
Judicial Enforcement - Courts have consistently directed authorities to implement reservation policies, fill backlog vacancies, and ensure that no eligible person is denied appointment due to non-compliance [A. Ganesa Moorthy VS Government of Tamilnadu Rep. by its Secretary].
Inclusion of All Disabilities - The Act covers various categories of disabilities, and reservation must be proportionately allocated based on identified suitable posts for each category [Union of India VS Pankaj Kumar Srivastava].
Proportional Calculation - Reservation should be calculated on the total cadre strength and vacancies, not merely on the posts identified for reservation, to align with legislative intent [Union of India VS Kampara Venkata Giri].
Reservation in Educational Institutions - The principle extends to educational institutions, where reservation must be followed in appointments, admissions, and promotions [Vikash Yadav VS State of Jharkhand].
Legal Validity of Exemptions - Exemptions from reservation must be issued under proper authority and in accordance with the proviso, considering the nature of work and operational requirements [K. Lazar Babu VS Andhra Pradesh Public Service Commission].
Adequate Identification - Proper procedures for disability certification and post identification are mandatory; arbitrary or flawed assessments violate statutory rights [Nishant. S. Diwan VS High Court of Delhi Through Registrar General].
Implementation Challenges - Courts have recognized difficulties in implementation but have emphasized the obligation of authorities to overcome these through effective measures and monitoring [Anu Jayapal D/o K. Jayapalan VS State of Kerala].
Penalties and Remedies - While specific penalties are not detailed, courts have held that non-compliance may lead to directions for appointment, cancellation of appointments, or contempt proceedings for willful violations [01100062202].
Promotion of Dignity and Equality - The overarching aim of Section 33 is to promote dignity, equality, and full participation of persons with disabilities in society, reinforcing constitutional values [KERALA PUBLIC SERVICE COMMISSION VS E. DINESHAN].
In conclusion, Section 33 of the Persons with Disabilities Act, 1995, is a vital statutory provision mandating affirmative action for the inclusion of persons with disabilities in employment. Its mandatory nature, judicial enforcement, and expansive scope underscore the commitment to constitutional ideals of equality and non-discrimination. Proper identification, implementation, and monitoring are essential to realize its objectives and uphold the rights of persons with disabilities.
(1) The appropriate Government may, by notification, require that from such date as may be specified, by notification, the employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with disability that have occurred or are about or occur in that establishment to such Special Employment Exchange as may be prescribed and the establishment shall thereupon comply with such requisition.
(2) The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed.
Any person authorised by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possession of any establishment and may enter at any reasonable time and premises where he believes such record or document to be, and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information.
Where in any recruitment year any vacancy under section 33 cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.
(1) Every employer shall maintain such record in relation to the person with disability employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.
(2) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in this behalf by general or special order by the appropriate Government.
(1) The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for—
(a) the training and welfare of persons with disabilities;
(b) the relaxation of upper age limit;
(c) regulating the employment;
(d) health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;
(e) the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and
(f) constituting the authority responsible for the administration of the scheme.
All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less that three per cent seats for persons with disabilities.
The appropriate Governments and local authorities shall reserve not less than three per cent in all poverty alleviation schemes for the benefit of persons with disabilities.
The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent of their work force is composed of persons with disabilities.
The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.
The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates of—
(a) house;
(b) setting up business;
(c) setting up of special recreation centres;
(d) establishment of special schools;
(e) establishment of research centres;
(f) establishment of factories by entrepreneurs with disabilities.
Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to—
(a) adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons;
(b) adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.
The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for—
(a) installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap;
(b) causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;
(c) engraving on the surface of the zebra crossing for the blind or for persons with low vision;
(d) engraving on the edge of railway platforms for the blind or for persons with low vision;
(e) devising appropriate symbols of disability;
(f) warning signals at appropriate places.
The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for—
(a) ramps in public buildings;
(b) adaptation of toilets for wheel chair users;
(c) braille symbols and auditory signals in elevators or lifts;
(d) ramps in hospitals, primary health centres and other medical care and rehabilitation institutions.
(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of his disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such
The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas:—
(a) prevention of disability;
(b) rehabilitation including community based rehabilitation;
(c) development of assistive devices including their psycho-social aspects;
(d) job identification;
(e) on site modifications in offices and factories.
The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning professional bodies and non-Governmental research units or institutions, for undertaking research for special education, rehabilitation and manpower development.
The State Government shall appoint any authority as it deems fit to be a competent authority for the purposes of this Act.
Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority:
Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.
(1) Every application for a certificate of registration shall be made to be competent authority in such form and in such manner as may be prescribed by the State Government.
(2) On receipt of an application under sub-section (1) the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applica
(1) The competent authority may, if it has reasonable cause to believe that the holder of the certificate of registration granted under sub-section (2) of section 52 has—reasonable cause to believe that the holder of the certificate of registration granted under sub-section (2) of section 52 has—"
(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or
(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted,
it may, after making such inquiry as it deems fit, by order, revoke the certificate:
Provided that no such order shall be made until an opportunity is given to the holder
(1) Any person aggrieved by the order of the competent authority refusing to grant a certificate or revoking a certificate may, within such period as may be prescribed by the State Government, prefer an appeal to that Government against such refusal or revocation.
(2) The order of the State Government on such appeal shall be final.
Nothing contained in this Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.
(1) The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit.
(2) Where, the appropriate Government is of opinion that any institution other than an institution, established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognise such institution as an institution for persons with severe disabilities for the purposes of this Act:
Provided that no institution shall be recognised under this section unless such institution has complied with the requirement of this Act and the rules made thereunder.
(3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed by the appropriat
(1) The Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act.
(2) A person shall not be qualified for appointment as the Chief Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner shall be such as may be prescribed by the Central Government.
(4) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioners with such officers and other employe
The Chief Commissioner shall—
(a) coordinate the work of the Commissioners;
(b) monitor the utilisation of funds disbursed by the Central Government;
(c) take steps to safeguard the rights and facilities made available to persons with disabilities;
(d) submit reports to the Central Government on the implementation of the Act at such intervals as the Government may prescribe.
Without prejudice to the provisions of section 58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to—
(a) deprivation of rights of persons with disabilities;
(b) non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights or persons with disabilities,
and take up the matter with the appropriate authorities.
(1) Every State Government may, by notification appoint a Commissioner for persons with disabilities for the purposes of this Act.
(2) A person shall not be qualified for appointment as a Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Commissioner shall be such as may be prescribed by the State Government.
(4) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit.
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The Commissioner within the State shall—
(a) co-ordinate with the departments of the State Government for the programmes and schemes for the benefit of persons with disabilities;
(b) monitor the utilisation of funds disbursed by the State Government.;
(c) take step to safeguard the rights and facilities made available to persons with disabilities;
(d) submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.
Without prejudice to the provisions of section 61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to—
(a) deprivation of rights of persons with disabilities;
(b) non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare the protection of rights of persons with disabilities,
and take up the matter with the appropriate authorities.
(1) The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the Chief Commissioner
(1) The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government.
(2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein insofar as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.
(1) The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial years and forward a copy thereof to the State Government.
(2) The State Government shall cause the annual report to be laid before each State Legislature along with the recommendations explaining the action taken or proposed to be taken on the recommendations made therein insofar as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part
(1) The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities.
(2) For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-Governmental Organisations.
(3) The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities.
(1) The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.
(2) Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.
The appropriate Governments shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not be placed in any gainful occupation.
Whoever, fraudulently avails or attempts to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both.
The Chief Commissioner, the Commissioners and other officers and staff provided to them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceedings shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made thereunder.
The provisions of this Act, or the rules made thereunder shall be in addition to, and not in derogation of any other law for the time being in force or any rules, order or any instructions issued thereunder, enacted or issued for the benefits of persons with disabilities.
(1) The appropriate Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner in which a State Government or a Union territory shall be chosen under clause (k) of sub-section (2) of section 3;
(b) allowances which members shall receive under sub-section (7) of section 4;
(c) rules of procedure which the Central Co-ordination Committee shall observe in regard to the transaction of business in its meeting under section 7;
(d) such other functions which the Central Co-ordination Committee may per
In section 12 of the Legal Services Act, 1987, for clause (d) the following clause shall be substituted, namely:—
“(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.”.
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