Persons with Disability Act 1995 – Chapter VI Employment

EMPLOYMENT for Persons with disabilities: 

Appropriate Governments shall–

1. identify posts, in the establishments, which can be reserved for the persons with disability;
2. 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 – Reservation of posts

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–

1. blindness or low vision;
2. hearing impairment;
3. 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 – Special Employment Exchange

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.

Section 35 – Power to inspect record or document in possession of any establishment

1. 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 – Vacancies not filled up to be carried forward

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.

Section 37 – Employers to maintain records

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.

Section 38 – Schemes for ensuring employment of persons with disabilities

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–
2. the training and welfare of persons with disabilities;
3. the relaxation of upper age limit;
4. regulating the employment;
5. health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;
6. the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and
7. constituting the authority responsible for the administration of the scheme.

Section 39 – All educational institutions to reserve seats for persons with disabilities

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

Section 40 – Vacancies to be reserved in poverty alleviation schemes

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 – Incentives to employers to ensure five per cent. of the work force is composed 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.

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