Employment and Persons With Disability

Legal provisions :Employment and Persons With Disability

Section-32 to 38 and Section-41, 48 (d) and 48 (e) of PWD Act’1995 have various legal provisions regarding identification/ reservation of posts, power to inspect record of any establishment, carried forward, interchange, maintenance of record by employer, schemes for ensuring employment and incentive to employers.

Section-33 : Every appropriate Government shall appoint in every establishment such percentage of vacancies, not less than 3% for persons or classes of PWDs, of which 1% each shall be reserved for persons suffering from – blindness or low vision, hearing impairment and locomotor disability or cerebral palsy—

Section-35: Any person authorised by the Special Employment  Exchanges in writing shall have access to any relevant record ordocument in the possession of any establishment and may enter at any reasonable time and permission 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.

If any vacancy under Section-33 cannot be filled that vacancy shall be carried forward for three recruitment years. Inter se exchange among the three categories also allowed in case of non-availability of suitable candidate in particular category of PWDs.—

Section-37: Every employer shall maintain such record in relation to the PWDs employed in his establishment in such form and such manner as may be prescribed by the appropriate Government.  The records shall be open to inspection by persons may be authorised by the appropriate Government —

Section-38 : The appropriate Government and local authorities shall by notification formulate schemes for ensuring employment of PWDs and such schemes may provide for

(a) the training & welfare of PWDs,

(b) the relaxation of upper age limit ,

(c) regulating the employment, health and safety measures and creating of a non-handicapping environment,

(d) constituting the authority responsible for the administration of the scheme etc.

Section-41 : The appropriate Government and the local authorities shall within the limit of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least 5% of their workforce is composed of persons with disabilities.

Section-48 : The appropriate Government and local authority shall promote, sponsor research inter alia, in the following areas :
(d)    Job identification;
(e)    On site modifications in offices and factories.

Central Government Employment :

  1. 3% reservation, (1% each Blindness or low vision, Hearing impaired, locomotor or cerebral palsy) in appointment to Group – ‘A’, ‘B’, ‘C’ and ‘D’ post/services under Central Government, public sector undertakings & public enterprises filled through direct recruitment, have been provided to PWDs.
  2. Inter-se-exchange amongst the three categories of PWDs is allowed. The Head of the Dept. shall be the competent authority to allow it.
  3. If the vacancies reserved for PWDs are not filled; the reservation shall be carried forward for a period of three recruitment years.
  4. 3% vacancies/posts in Group-C and Group-D shall be computed on the basis of vacancies occurring in both the identified and non-identified posts, but Group’A and Group- B post shall be computed on the basis of vacancies occurring in the identified posts.
  5. 3% statutory reservation, while regularising casual worker, have been provided to PWDs.
  6. The upper age limit will be relaxed as follows :
    Group ‘C’ / ‘D’ posts/services10 15 13
    Group ‘A’ & ‘B’ posts/services5 10 08
  7. The locomotor disabled, who are certified as being unable to type by the medical authority, have been exempted from the typing qualification.
  8. The relaxation in standard of selection, available for SC/ST, will apply mutatis mutandis to PWDs also.
  9. The PWDs have been exempted from the application/ examination fee prescribed in respect of competitive examination.
  10. The liaison officer for SC/ST will also act as Liaison Officer in respect of the matter related to PWDs.
  11. Each appointing authority shall furnish a certificate, while sending requisition to UPSC/SSC etc., that policy relating to 3% reservation for PWDs has been taken care of.
  12. While inviting application for filling up of vacancies meant for PWDs, the recruitment authority invariably should indicate sub-categories of PWDs, the exact percentage of disability and quota reserved for PWDs belonging to SC, ST, OBC and General.
  13. The PWDs, if otherwise eligible and qualified, may be appointed on unreserved posts also, if such posts are identified for PWDs.
  14. All the appointing authorities shall notify vacancies to Special Employment Exchange and endorse a copy of their requisition to the nearest Vocational Rehabilitation Centre of Ministry of Labour & Employment.
  15. As far as possible, subject to administrative constraints, the disabled employee may be given posting, near their native places with in the region. Request for transfer to or near their native places may also be given preference.
  16. All employer will maintain separate 100 point roster for PWDs.
  17. Broadly, similar facilities to PWDs have been provided by public sector banks/financial institutions and public sector undertakings.

State Government Employment :

The State Governments/Union Territories provide reservation and other facilities for PWDs in Employment. The Government of Orissa has provided 3% reservation (1% each Blindness or low vision, Hearing impaired, Locomotor or cerebral palsy) in Group- B gazetted, specially declared gazetted post, Group ‘C’ and Group ‘D’ posts/services in State Government and public sector undertakings, out of which 1% reservation has been earmarked for disabled women.

Inter se exchange among three categories of PWDs is allowed. There is provision of carry forward of post for a period of three recruitment years, if post reserved for PWDs not filled. State Government has allowed 10 years upper age relaxation to PWDs for Group ‘C’ and ‘D’ posts. The employers shall furnish
to the local Special Employment Exchange/Cell quarterly returns in DPER-I and biennial return in DPER-II.

Source : http://dget.gov.in/self/