PERSONS WITH DISABILITY BILL 2011
56. Non Discrimination in Employment
(1) No establishment shall directly or indirectly discriminate against any person with disability in any matter relating to employment including but not limited to recruitment, promotion and other related issues arising in the course of or through the length of employment in any establishment 27 .
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(2) No establishment shall dispense with, or reduce in rank, an employee who
acquires a disability during service, such employee may if required by the nature
of disability, be shifted to another post with the same pay scale and service
benefits.
Provided further that if it is not possible to adjust the employee against any post, then
such employee may be kept on a supernumerary post until a suitable post is available or
the age of superannuation whichever is earlier
(3) The protection accorded in sub section (2) shall also be extended to persons
employed with the defense forces;
Provided that this sub section in no way precludes the defense establishment to
formulate a more beneficial employment retention and rehabilitation scheme for persons
employed with the defense forces.
(4) Every establishment shall facilitate reasonable accommodation of persons with
disabilities by taking adequate measures to guarantee that persons with
disabilities are not disadvantaged in any manner at any stage of employment.
Explanation
‘Adequate Measures’ include, but are not limited to the provision of necessary aids
and equipment, adequate healthcare facilities, necessary physical changes in
buildings to ensure accessibility at workplaces, flexible work timings, continuous
monitoring with regard to necessary support, or any arrangements or facilities
created for equality with regard to competitive public service examinations and other
such service related tests.
(5) Any person with disability, if eligible for any post which is sought to be filled, shall
have the right to appear for selection and hold the post if selected;
(6) An establishment shall not ordinarily post and transfer a person with disability in a
place other than his or her native place or within the vicinity
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of such place
unless such transfer becomes necessary due to exigencies of the job and
expertise possessed by the person with disabilities;
(7) The appropriate governments may frame such rules and regulations as may be
necessary from time to time for the purposes of achieving the objectives outlined
above;
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(8) Every establishment undertaking an exercise of retrenchment or declaring its staff
surplus shall as far be not include persons with disabilities in such exercise or
process. In the event of persons with disabilities being included in such exercise
or process, enhanced benefits shall be payable to them.
57. Reservations
(1) All establishments shall reserve not less than seven percent of all posts and in
promotions for persons with disabilities in accordance with the following banding
of disabilities, with each band being entitled to 1% ;
a. Persons with blindness;
b. Persons with hearing impairment and speech impairment;
c. Persons with locomotor disability and leprosy cured;
d. Persons with cerebral palsy and muscular dystrophy;
e. Persons with autism, intellectual disability and mental illness;
f. Persons with multiple disabilities, deaf-blindness and multiple sclerosis.
g. Persons with Low vision and persons who are hard of hearing
Provided that posts identified under Section 32 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act of 1995 (Act No 1 of 1996)
shall operate as guidelines for implementing this reservation.
(2) The percentage stated can be renewed and the classification altered upon review
once every 3 years;
(3) If sufficient number of qualified persons with disabilities are not available in a
particular year, then the reservation may be carried forward to the subsequent
year, and if in the subsequent recruitment year also a suitable person with
disability is not available, then the post may be first filled by interchange among
the categories, and if the vacancy is still not filled then the establishment shall
identify, train and then induct persons with disabilities on the post. In no case
shall a post to which a person with disability is entitled to be appointed be allowed
to lapse;
(4) The entitlement outlined in sub section (2) and the process in sub section (3)
shall also extend to schemes guaranteeing employment, or the creation of posts
for employment, by way of any legislation, notification or rule formulated by the The Rights of Persons with Disabilities Bill, 2011
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appropriate government, including but not limited to the Mahatma Gandhi
National Rural Employment Guarantee Act, 2005