The Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995

The Disabilities Act empowers persons with disabilities to a great extent. Many disabled persons have
won cases based on the provisions of this Act. A reading of this Act is of utmost benefit to persons
with disabilities. The Act is divided into fourteen chapters. Blow, you can read the Act in its entirety:

Published In Part II, Section 1 Of The Extraordinary Gazette Of India, Ministry Of Law, Justice And
Company Affairs, (Legislative Department), New Delhi, the 1st January, 1996/Pausa 11, 1917 (Saka).

The following Act of Parliament received the assent of the President on the 1st January, 1996, and is
hereby published for general information:

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:

Chapter One: Preliminary

Section 1. This Act may be called the Persons With Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995.

It extends to the whole of India except the State of Jammu and Kashmir.

It shall come into force on such date as the Central Government may. by notification, appoint.

Section 2. 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 degree 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 subsection (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 the establishment;

(k) "establishment" means a corporation established by or under a Central, Provincial or State 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 section 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 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 sufficient 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 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 using 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 19;

(z) "State Executive Committee" means the State Executive Committee constituted under sub-section
(l) of section 19.

Chapter Two: The Coordination 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;

    (e) 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, Secundrabad;

    (iii) National Institute for the Orthopaedically Handicapped,Calcutta;

    (iv) Ali Yavar Jung National Institute for the Hearing 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;

    (l) five persons as far as practicable, being persons with disabilities. To represent non-
governmental Organisations or associations which are concerned with disabilities, to he 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 disabled, Member-Secretary, ex officio.

Section 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.

    (1) Save as otherwise provided by or under this Act a Member of Central Co-ordination Committee
nominated under clause (i) or clause (l) 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 (1) of subsection (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 subsection (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 Dominated.

    (6) A Member nominated under clause (i) or clause (l) of subsection (2) of section 3 shall be eligible
for (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.

    (1) No person shall be a Member of the Central Coordination 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 Coordination Committee detrimental to the interests of the
general public.

    (2) No order of removal shall be made by the Central Government under this section unless the
Member concerned has been given a reasonable opportunity of showing cause against the same.

    (3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of section 4, a
Member who has been removed under this section shall not be eligible for nomination as a Member.

Section 6. If a Member of the Central Coordination Committee becomes subject to any of the
disqualifications specified in section 5, his scat shall become vacant.

Section 7. Lie Central Coordination 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.

Section 8.

    (1) Subject to the provisions of this Act, the function of the Central Coordination Committee shall
be to serve as the national focal point of 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 Coordination
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-Govemmental Organisations which are dealing with matters relating to persons
with disabilities;

        (b) develop a national policy to address issues faced by, persons with disabilities;

        (c) advise the Central Government on the formulation of policies, programmes, legislation and
projects with respect to disability,

        (d) take up the cause of persons with disabilities with the concerned authorities and the
international organisations with a view, to provide for schemes and projects for disabled persons in
the national plans and other programmes and policies evolved by the international agencies;

        (e) review in consultation with the donor agencies their funding policies from the perspective of
their impact on persons with disabilities;

        (f) take such other steps to ensure barrier free environment in public places, work places, public
utilities, schools and other institutions;

        (g) monitor and evaluate the impact of policies and programmes designed for achieving equality
and full participation of persons with disabilities;

        (h) to perform such other functions as may be prescribed by the Central Government.

Section 9. (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. Welfare, Personnel Public Grievances and
Pension and Urban Affairs and Employment, Science and Technology, Members, ex officio;

    (f) the Financial Advisor, Ministry of Welfare in the Central Government, Member, ex officio;

    (g) Advisor (Tariff) Railway Board, Member, ex officio;

    (h) four members to be nominated by the Central Government, by rotation, to represent the State
Governments and the Union territories in such manner as may

    be prescribed by the Central Government;

    (i) one person to be nominated by the Central Government to represent the interest, which in the
opinion of the Central Government ought to be represented, Member;

    (j) five persons, as far as practicable, being persons with disabilities, to represent non-
governmental organisations or associations which are concerned with disabilities, to he 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;

    (k) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of
the disabled, Member-Secretary, ex officio.

    (3) Members nominated under clause (i) and clause (j) of sub-section
    (2) shall receive such allowances as may be prescribed by the Central Government.

    (4) A Member nominated under clause (i) or clause (i) of sub-section (2) may at any time resign his
office by writing under his hand addressed to the Central Government and the scat of the said Member
shall thereupon become vacant.

Section 10. (1) The Central Executive Committee shall be the executive body of the Central
Coordination Committee and shall be responsible for carrying out the decisions of the Central
Coordination 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 Coordination Committee.

Section 11. 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.

Section 12. (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 Government.

Chapter Three: The State Coordination Committee

Section 13. (1) Every State Government shall, by notification, constitute a body to be known as the
State Coordination Committee to exercise the powers conferred on, and to perform the function
assigned to it, under this Act

(2) The State Coordination 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, Science and Technology, Public Enterprises, by whatever name called, Members, ex
officio;

    (d) Secretary of any other Department which the State Government considers necessary, Member,
ex officio;

    (e) Chairman Bureau of Public Enterprises (by whatever name called) Member, ex officio;

    (f) 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 State Government, one from each area of disability, Members: Provided that while nominating
persons under this clause, the State Government shall nominate at least one woman and one person
belonging to Scheduled Castes or Scheduled Tribes;

    (g) three Members of State Legislature, of whom two shall be elected by the Legislative Assembly
and one by the Legislative Council, if any;

    (h) three persons to be nominated by that State Government to represent agriculture, industry or
trade or any other interest, which in the opinion of State Government ought to be represented,
Members, ex officio;

    (i) the Commissioner, Member, ex officio;

    (j) Secretary to the State Government dealing with the welfare of the disabled, Member-Secretary,
ex officio.

(3) Notwithstanding anything contained in this section, no State Coordination Committee shall be
constituted for a Union territory and in relation to a Union territory, the Central Coordination
Committee shall exercise the functions and perform the functions of a State Coordination Committee
for the Union territory:

Provided that in relation to a Union territory. The Central Coordination Committee may delegate all or
any of its powers and functions under this sub-section to such person or body of persons as the
Central Government may specify.

Section 14. (1) Save as otherwise provided by or under this Act, a Member of a State Coordination
Committee nominated under clause (f) or clause (h) of subsection

(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 it thinks fit, remove any7 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.
(4) A Member nominated under clause (f) or clause (h) of sub-section (2) of section 13 may. at any
time, resign his office by writing under his hand addressed to the State Government and the seat of
the said Member shall thereupon become vacant.

(5) A casual vacancy in the State Coordination 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 (f) and clause (h) of sub-section (2) of section 13 shall be
eligible for re-nomination.

(7) Members nominated under clause (f) and clause (h) of sub-section (2) of section13 shall receive
such allowances as may he prescribed by the State Government.

Section 15. (1) No pet-son shall he a Member of the State Coordination Committee, who--

(a) is, or at any time, has been adjudged insolvent or has sus~payrxnt 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 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 Coordination Committee detrimental to the interests of the general public.

(2) No order of removal shall be made by the State Government under this section unless the Member
concerned has been given a reasonable opportunity of showing cause against the same.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of

section 14, a Member who has been removed under this section shall net be eligible for re-nomination
as a Member.

Section 16. If a Member of the State Coordination Committee becomes subject to any of the
disqualifications specified in section 15, his seat shall become vacant.

Section 17. The State Coordination 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.

Section 18. (1) Subject to the provisions of this Act, the function of the State Coordination Committee
shall be to serve as the state 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 function the State
Coordination 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-Govemmental Organisations which are dealing with matters relating to persons with
disabilities.,

(b) develop a State policy to address issues faced by persons with disabilities;

(c) advise the State Government on the formulation of policies.

programmes, legislation and projects with respect to disability;

(d) review, in consultation with the donor agencies, their funding from the perspective of their impact
on persons with disabilities;

(e) take such other steps to ensure barrier free environment in pupils places work places, public
utilities, schools and other institutions;

(f) monitor and evaluate the impact of policies and programmes designed for achieving equality and
full participation of persons with disabilities;

(g) to perform such other functions as may be prescribed by the State Government

Section 19. (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 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 the
opinion of the State Government ought to be represented. Member;

(e) five persons, as far as practicable being persons with disabilities to represent non-governmental
organisations or associations which arc concerned with disabilities, to be nominated by the State
Government, one from each area of disability, Members:

Provided that while nominating persons under this clause, the State Government shall nominate at
least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

(f) Joint Secretary dealing with the disability division in the Department of Welfare, Member-
Secretary, ex officio.

(3) Members nominated under clause (d) and clause (e) of sub-section (2) shall receive such
allowances as may be prescribed by the State Government.

(4) A Member nominated under clause (d) or clause (e) may at any time resign his office by writing
under his hand addressed to the State Government and the seat of the said Member shall thereupon
become vacant.

Section 20. (1) The State Executive Committee shall be the executive body of the State Coordination
Committee and shall be responsible for carrying out the decisions of the State Coordination
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 Coordination Committee.

Section 21. 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.

Section 22. (1) The State Executive Committee may associate with itself in such manner and for such
purposes as may he 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 he a
member for any other purpose.

(3) A person associated wills 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.

Section 23. In the performance of its functions under this Act,-

(a) The Central Coordination Committee shall be bound by such directions in

writing, as the Central Government may give to it; and

(b) the State Coordination Committee shall be bound by such directions in writing, as the Central
Coordination 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 Coordination Committee, the matter shall be referred to the Central Government for its
decision.

Section 24. No act or proceeding of the Central Coordination Committee, the Central Executive
Committee, a State Coordination 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.

Chapter Four: Prevention and early detection of disabilities

Section 25. 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 is disseminated or cause to be

disseminated information for general hygiene. health and sanitation,

(f) take measures for pre-natal, prenatal and post-natal 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 the masses through television, radio and other mass media on the
causes of disabilities and the preventive measures to be adopted;

Chapter Five: Education

Section 26. The appropriate Governments and the local authorities shall-

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.

Section 27. 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;

(f) providing every child with disability free of cost special books and equipments needed for his
education.
Section 28. 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.

Section 29. 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 specializing in disabilities so that requisite trained manpower is available for
special schools and integrated schools for children with disabilities.

Section 30. Without prejudice to the foregoing provisions, (be 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 institution, 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 the redressal of grievances of parent, regarding the placement of
their children with disabilities;

(f) suitable modification in the examination system to eliminate purely mathematical questions for the
benefit of blind students and students with low vision;

(g) restructuring of curriculum for the benefit of children with disabilities;

(h) restructuring the curriculum for benefit of students with hearing impairment to facilitate them to
take only one language as part of their curriculum.

Section 31. All educational institutions shall provide or cause to be provided amanuensis to blind
students and students with or low vision.

Chapter Six: Employment

Section 32. 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.
Section 33. 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) bearing 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 34. (1) The appropriate Government may, by notification require that from such date as may
he specified, by notification, the employer in every establishment shall furnish such information or
return a; may be prescribed inrelation to vacancies appointed for person, with disability that have
occurred or are about to 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.

Section 35. 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.

Section 36. 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 ;r 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 parson 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
can not be employed, the vacancies may be interchanged among the three categories with the prior
approval of the appropriate Government.

Section 37. (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 authorized in this behalf by general or special order by the appropriate
Government.

Section 38. (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 person by whom the cost of operating the schemes is to be defrayed;
and

(f) constituting the authority responsible for the administration of the scheme.

Section 39. All Government educational institutions and other educational institutions receiving aid
from the Government, shall reserve not less than three per cent seat for persons with disabilities.

Section 40. 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.

Section 41. 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.

Chapter Seven: Affirmative Action

Section 42. The appropriate Governments shall by notification make schemes to provide aids and
appliances to persons with disabilities.

Section 43. The appropriate Governments and local authorities shall by notification frame schemes in
favour of persons with disabilities, for the preferential allotment of land at concession] rates for-

(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.

Chapter Eight: Non-discrimination

Section 44. 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 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.

Section 45. 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 edges of railway platforms for the blind or for persons with low vision;

(e) devising appropriate symbols of disability;

(f) warning signals at appropriate places.

Section 46. 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) braille symbols and auditory signals in elevators or lifts;

(c) braille symbols and auditory signals in elevators or lifts;

(d) ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.

Section 47. (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 superannuating,
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 conditions, if any, as may be specified in such notification, exempt any
establishment from the provisions of this section.

Chapter Nine: Research and manpower development

Section 48. 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.

Section 49. 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.

Chapter Ten

Section 50. The State Government shall appoint any authority, as it deems fit to be a competent
authority for the purposes of this Act.

Section 51. 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.

Section 52. (1) Every application for a certificate of registration shall be made to the competent
authority in such form and in such manner as may be prescribed by the State Governmerit.

(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 cornplied 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 applicant in such manner as may be prescribed by the State
Government.

(3) No certificate of registration shall be granted under sub-section

(2) unless the institution with respect to which an application has been made is in a position to
provide such facilities and maintain such standards as may be prescribed by the State Government.

(4) A certificate of registration granted under this section,-

(a) shall, unless revoked under section 53, remain in force for such period as may, be prescribed by,
the State Government.

(b) may be renewed from time to time for a like period; and(c) shall be in such form and shall be
subject to such conditions as may be prescribed by the State Government.

(5) An application for renewal of a certificate of registration shall be made not less than sixty days
before the period of validity.

(6) The certificate of registration shall he displayed by the institution in a conspicuous place.

Section 53. (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 -

(a) made a statement in relation to any application for the issue of 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 of the certificate
to show cause as to why the certificate should not be revoked.

(2) Where a certificate in respect of an institution has been revoked under sub-section (1), such
institution shall cease to function from the date of such revocation.

Where an appeal lies under section 54 against the order of revocation, such institution shall cease to
function where no appeal has been preferred immediately on the expiry of the period prescribed for
the filing of such appeal, or where such appeal has been preferred, but the order of revocation has
been upheld, from the date of the order of appeal.

(3) On the revocation of a certificate in respect of an institution, the competent authority may direct
that any person with disability who is an inmate of such institution on the date of such revocation,
shall be-

restored to the custody of her or his parent, spouse or lawful guardian, as the case may be, or
transferred to any other institution specified by the competent authority.

(4) Every institution that holds a certificate of registration that is revoked under this section shall,
immediately after such revocation surrender such certificate to the Competent authority.

Section 54. (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 he final.
Section 55. 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.

Chapter Eleven: Institution for persons with severe disabilities

Section 56. The concerned Government may establish and maintain institution 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 requirements of this Act and the rules made there under.

(3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy
such conditions as may be prescribed by, the appropriate Government.

For the purposes of this section "person with severe disability" means a person with eighty per cent.
or more of one or more disabilities.

Chapter Twelve: The Chief Commissioner and Commissioners for persons with disabilities

Section 57. (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
Commissioner with such officers and other employees as it thinks fit.

The officers and employees provided to the Chief Commissioner shall discharge their functions under
the general superintendence of the Chief Commissioner. The salaries and allowances and other
conditions of service of officers and employees provided to the Chief Commissioner shall be such as
may be prescribed by the Central Government.

Section 58. 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
that Government may prescribe.

Section 59. 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, byelaws, 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.

Section 60. (1) Every State Government may, by notification appoint a Commissioner for persons with
disabilities for the purpose 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 he 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.

(5) The officers and employees provided to the Commissioner shall discharge their functions under the
general superintendence of the Commissioner.

(6) The salaries and allowances and other conditions of service of officers and employees provided to
the Commissioner shall be such as may he prescribed by the State Government.

Section 61. The Commissioner within the State shall-

(a) coordinate 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 steps 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.
Section 62. 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
and protection of rights of persons with disabilities,and take up the matter with the appropriate
authorities.

Section 63. 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 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 documents;

(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 and Commissioners shall be a judicial proceeding
within the meaning directions 193 and 228 of the Indian Penal Code and the Chief Commissioner, the
Commissioner, the competent authority, shall be deemed to he a civil court for the purposes of section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Section 64. (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 in so far as they relate to the Central Government and the reasons for
non-acceptance, if any, of any such recommendation or part.

Section 65. (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 year and forward a copy thereof to the State Government. 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 recommendation made therein in so far as they relate to the State Government and the
reasons for non-acceptance, if any, of any such recommendation or part.

Chapter Thirteen: Social security

Section 66. (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.

Section 67. (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.

Section 68. 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 he placed in any gainful occupation.

Chapter Fourteen: Miscellaneous

Section 69. 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.

Section 70. 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.

Section 71. No suit, prosecution or other legal proceeding 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 there under.

Section 72. The provisions of this Act, or the rules made there under 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
there under, enacted or issued for the benefit of persons with disabilities.

Section 73. (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 subsection (7) of section 4;

(c) rules of procedure which the Central Coordination Committee shall observe in regard to the
transaction of business in its meetings under section 7;

(d) such other functions which the Central Coordination Committee may perform under clause (h) of
sub-section (2) of section 8;

(e) the manner in which a State Government or a Union Territory shall be chosen

under clause (h) of sub-section (2) of section 9;

(f) the allowances which the Members shall receive under sub-section

(3) of section 9; (g) rules of procedure which the Central Executive Committee shall observe in regard
to transaction of business at its meetings under section 11;

(h) the manner and purposes for which a person may be associated under sub-section(I) of section
12;

(i) fees and allowances which a person associated with the Central Executive Committee shall received
under sub-section (3) of section 12;

(j) allowances which members shall received under sub-section(7) of section 14;

(k) rules of procedure which a State Coordination Committee shall observe in regard to transaction of
business in its meetings under section 17;

(l) such other functions which a State Coordination Committee may perform under clause (g) of sub-
section (2) of section 18;

(m) the allowances which Members shall receive under sub-section (3) of

section 19;

(n) rules of procedure which a State Executive Committee shall observe in regard to transaction of
business at its meetings under section 21;

(o) the manner and purposes for which a person may be associated under sub-section(1) of section
22;(p) fees and allowances which a person associated with the State Executive Committee may
receive under sub-section (3) of Section 22;

(q) information or return which the employer in every establishment should furnish and the Special
Employment Exchange to which such information or return shall be furnished under sub-section (1) of
section 34;

(r) the form and the manner in which record shall be maintained by an employer under sub-section
(1) of section 37;

(s) the form and manner in which an application shall be made under sub-section (1) of section 52;

(t) the manner in which an order of refusal shall be communicated under

sub-section (2) of section 52;

(u) facilities or standards required to be provided or maintained under sub-section (3) of section 52;

(v) the period for which a certificate of registration shall be valid under clause (a) of sub-section (4) of
section 52;

(w) the form in which and conditions subject to which a certificate of registration shall be granted
under clause (c) of sub-section (4) of section 52;

(x) period within which an appeal shall lie under sub-section (1) of section 54;

(y) the manner in which an institution for persons with severe disabilities shall be maintained and
conditions which have to be satisfied under sub-section (3) of section 56;

(z) the salary, allowances and other terms and conditions of service of the Chief Commissioner under
sub-section (6) of section 57; (zb)the salary, allowances and other conditions of service of officers and
employees under sub-section (6) of section 57;

(zb) intervals at which the Chief Commissioner shall report to the Central Government under clause
(d) of section 58; (zc) the salary, allowances and other terms and conditions of service of the
Commissioner under sub-section (3) of section 60; (zd) the salary, allowances and other conditions of
service of officers and employees under sub-section (6) of section 60; (ze) intervals within which the
Commissioner shall report to the

State Government under clause (d) of section 61; (zf) the form and time in which annual report shall
be prepared under sub-section (1) of section 64; (zg) the form and time in which annual report shall
be prepared under sub-section (1) of section 65; (zh) any other matter which is required to be or may
be prescribed.

(3) Every notification made by the Central Government under die proviso to section 33, proviso to
sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1)
of section 38. section 42, section 43, section 67, section 68 and every rule made by it under sub-
section(1).shall be laid. as soon as may be after it is made, before each House of

Parliament, while it is in session for a tow period of thirty days which may be comprised in one session
or in two or more successive sessions, and if before the expiry of the session immediately following
the session or the successive sessions aforesaid, berth Houses agree in making any modification in the
rule,

notification or scheme, both Houses agree that the rule, notification or scheme

should not be made, the rule, notification or scheme shall thereafter have effect

only in such modified form or be of no effect, as the case may be; so, however,

that any such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule. notification or scheme, as the case may be.

(4) Every notification made by the State Government under the proviso to section

33 proviso to sub-section (2) of section 47, every scheme ~ by it under section

27, section 30, sub-section (1) of section 38, section 42. section 43, section

67. section 68 and every rule made by it under sub-section (1), shall be laid.
as soon as may be after it is ~9 before each House of State Legislature, where it consists of two
Houses or where such legislature consists of one House before that House.

Section 74. In section 12 of the Legal Services Authorities Act. 1987, for clause (d), the following
clause shall he 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".