WHAT IS AN ESTABLISHMENT?
An ‘Establishment’ means both a Government Establishment and a Private Establishment.
Government Establishment:
Government Establishment has been defined as a corporation established by a Central Act or State Act, an authority or a body owned or controlled or aided by the Government, a local authority, a Government company as defined in the Companies Act, 2013 or a Department of the Government.
A Private Establishment means a company
firm, cooperative or other society, association, trust, agency, institution, organization, union, factory. The Government has the power to notify any other establishment as private establishment through notification.
WHO IS A PERSON WITH BENCHMARK DISABILITIES?
A person with disability affected by – Blindness, Low-vision, Hearing Impairment (deaf and hard of hearing), Dwarfism or a leprosy cured person-(Disabilities defined in measurable terms)
OR
A person with not less than 40% of the following disabilities as certified by a certifying authority – Locomotor Disability, Intellectual Disability, Mental Illness, Autism Spectrum Disorder, Cerebral Palsy, Muscular Dystrophy, Chronic Neurological conditions, Specific Learning Disabilities, Multiple Sclerosis, Speech and Language disability, Thalassemia, Hemophilia, Sickle Cell disease, Multiple Disabilities, Acid Attack victim, Parkinson’s disease. (Disabilities not defined in measurable terms in the Act)
Chapter 1- INCLUSIVE EDUCATION
For example, in a classroom with deaf children use of sign language along with speech becomes necessary and in a class with blind children the writing on the blackboard should be supplemented by speech. Clear instructions and their repetition, structured daily routines work better for children with autism. Using various means of presentation – visual, physical guidance, peer modeling, ensuring avoidance of overstimulation, removal of distractions, providing access to an individual work/study area are some techniques used to effectively work with children with developmental disabilities.
Article 8 of UNCRPD
The Convention on the Rights of Persons with Disabilities provides that at all levels of education system and amongst all children an attitude of respect for persons with disabilities must be fostered/nurtured. This is possible only when children with and without disabilities study together and understand each other’s needs and methods of learning.
more details about Inclusive education
Chapter 2 – RIGHTS AND ENTITLEMENTS
- At the outset, it lays down the right to equality and non-discrimination of persons with disabilities which can be more effective with reasonable accommodation.
- Women and children with disabilities are more vulnerable than others. Thus they find a special mention and the Act establishes that they shall have equal rights with others.
- Families being the basic unit of a whole community, persons with disabilities are entitled to live with their families and within the community.
- They have the right to be protected against cruelty, inhuman treatment, abuse and violence.
- Persons with disabilities have the right to live an informed and healthy reproductive life without interference from others.
- An important right of persons with disability is that of being seen as a legal person in the eyes of law, allowing a person with disability to have his/her own bank account and own property.
- The Act also has a provision of limited guardianship for those persons with disabilities who require it.
more details about rights and entitlements
Chapter 3 – EDUCATION
- The chapter specifically makes provisions for education of children with disabilities.
- It provides for measures that the Government and local authorities must take for maintaining a system of inclusive education.
- Additionally it provides for specific measures for ensuring that the system of inclusive education may be run sustainably, with the support of human, financial and other resources.
more details about education
Chapter 4 – SKILL DEVELOPMENT AND EMPLOYMENT
- This chapter explains the steps the Government needs to take for promoting development of skills and employment amongst persons with disabilities, such as providing loans, training, and marketing of products made by persons with disability.
- It prohibits any discrimination in employment on the basis of disability (even when the disability is acquired during service).
- It lists the various measures that may be taken when an employee acquires disability while
in service. - The Government establishments are required to make their workplaces accessible. This has to be done by making any changes required to suit the specific needs of persons with disabilities.
- It provides for making of an Equal Opportunity Policy with all information on the facilities and provisions made for persons with disabilities.
- It also requires maintenance of records such as the total number of employees with disabilities, the nature of work done by them and the facilities provided to them.
- It provides for appointment of a Grievance Redressal Officer to respond to and resolve problems or complaints by persons with disabilities.
more details about skill development and employment
Chapter 5- SOCIAL SECURITY, HEALTH, REHABILITATION AND RECREATION
- This chapter consists of provisions relating to social security of persons with disabilities including features like caregiver allowance, pension, aids and appliances.
- It lays down measures that the Government must adopt for prevention of disability and promotion of health.
- It highlights measures that need to be taken for rehabilitation of persons with disabilities.
- The chapter makes provisions for promotion of art, culture, recreation and sporting activities amongst persons with disabilities.
more details about social security, health, rehabilitation and recreation
Chapter 6- SPECIAL PROVISIONS FOR PERSONS WITH BENCHMARK DISABILITIES
- This chapter focuses on the special provisions for people with Benchmark Disabilities.
- Children with Benchmark Disabilities have the right to free education till the age of 18 years.
- Seats have to be reserved for persons with Benchmark Disabilities in institutions for higher education and Government jobs.
- The chapter also lays down the manner in which the vacancies reserved for persons with disabilities have to be filled.
- Employers in the private sector should be given incentives to encourage them to employ persons with disabilities.
- Establishments are required to file returns to employment exchanges about the vacancies
created for persons with disabilities.
more details special provisions for persons with benchmark disabilities
Chapter 7 – SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES WITH HIGH SUPPORT NEEDS
This chapter highlights the process by which persons with Benchmark Disabilities who need High Support may apply to an authority for seeking such support. This chapter also highlights the rights of persons with Benchmark Disabilities who have High Support needs.
more details about special provisions for persons with disabilities with high support needs
Chapter 8- DUTIES AND RESPONSIBILITIES OF APPROPRIATE GOVERNMENTS
- This chapter highlights the specific responsibilities of the Government under this Act.
- The Act provides that the Government must spread awareness and sensitize the general public about issues of persons with disabilities.
- The Government is required to lay down standards of accessibility for physical environment, transport and communication.
- It is also the responsibility of the Government to promote the production of goods in accordance with the principle of Universal Design, which can be used by people with diverse needs.
- Not only the new establishments but also the old ones are required to be made accessible under the Act.
- The Government is also required to develop human resources for the purposes of this Act.
more details about duties and responsibilities of appropriate governments
Chapter 9 – REGISTRATION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES AND GRANTS TO SUCH INSTITUTIONS
- This chapter lays down the process of registration of institutions maintained for the care of persons with disabilities.
- It also explains the situations in which the certificate of registration may be cancelled.
- There is also a provision for appeal against the decision of the authority granting the certificate of registration.
- It lays down the time limits for grant of certificate after the application has been made and the time period within which an appeal should be filed if the applicant is not satisfied with the decision of the certification authority.
more details about registration of institutions for persons with disabilities and grants to such institutions
Chapter 10 – CERTIFICATION OF SPECIFIED DISABILITIES
- This chapter explains the process of obtaining a disability certificate.
- It explains what are the essential requirements while applying, who can apply and to whom.
- The steps that the Medical Authority takes while processing an application are also outlined.
- The person whose application has been rejected has the option of an appeal against the decision of the Medical Authority.
more details about certification of specified disabilities
Chapter 11 – CENTRAL AND STATE ADVISORY BOARDS ON DISABILITY AND DISTRICT LEVEL COMMITTEE
- This chapter provides for setting up of a Central Advisory Board at the National Level and the State Advisory Board in all the States.
- It provides a list of all persons who will be part of the Board at the Central and State Level.
- It describes the functions that are to be performed by the State and Central Advisory Boards.
- It also prescribes the terms and conditions of service and disqualifications for the members who will be on the Central and State Board.
more details about central and state advisory boards on disability and district level committee
Chapter 12 – CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
This chapter provides for appointment of Chief Commissioner at the Central Level and State Commissioner at the State Level for Persons with Disabilities. It also lays down their requisite qualifications, salary, allowances, and employees to be appointed under their supervision. The Chapter also lists the functions and powers of the Commissioners.
More details about chief commissioner and state commissioner for persons with disabilities
Chapter 13 – SPECIAL COURTS
This chapter provides for the setting up of Special Courts for speedy trial of offences committed in violation of the Rights of Persons with Disabilities Act.
more details about special courts
Chapter 14 – NATIONAL FUND FOR PERSONS WITH DISABILITIES
This chapter provides for constitution of a National Fund for Persons with Disabilities and also lays down how the accounts of this Fund are to be managed and the monies that shall constitute this Fund. In that Fund the following sums of money shall be credited:
- All the sum available under the Fund for People with Disabilities which was created on 11th August 1983.
- Sum available under the Trust Fund for Empowerment of Persons with Disabilities which was formed on 21st November, 2006, under the Charitable Endowment Act.
- All sums which are to be paid by Banks, Corporations and Financial Institutions as a result of judgment dated 16th April, 2004 of the Honorable Supreme Court.
- All the amounts which are received by way of grant, gifts, donations, benefactions, bequests or transfers.
- Money received from the Central Government including Grants in Aid.
- Money from other sources can also be made part of this fund as per the discretion of the Central Government.
more details about national fund for persons with disabilities
Chapter 15 – STATE FUND FOR PERSONS WITH DISABILITIES
This chapter provides for creation of a State Fund for Persons with Disabilities by every State Government. It also establishes the responsibility of management of State Fund. CAG has a major role to play in auditing the accounts of the State Fund.
more details state fund for persons with disabilities
Chapter 16 – OFFENCES AND PENALTIES
This Chapter highlights the punishments for individuals who violate the provisions of this Act. It puts the onus on the officials of the company for any offence committed by the company. The chapter also lists the acts which have been called atrocities under the Act.
more details of offences and penalties
Chapter 16 – MISCELLANEOUS
This chapter highlights the powers of the Central Government with respect to the implementation of the Rights of Persons with Disabilities Act. It also lists the matters regarding which the Central Government and the State Government can make Rules. The chapter points out that the RPWD Act repeals the Persons with Disabilities Act, 1995.
more details about miscellaneous
Downloads
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Handbook Publisher
The Hans Foundation (THF) and National Centre for Promotion of Employment for Disabled People (NCPEDP).