Tuesday, August 6, 2013

Reservation for persons with disabilities: Proposal to increase the quota upto 5%

Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995 defines "Disability" as:-
(i) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor disability;
(vi) Mental retardation;
(vii) Mental illness;

As per Section 2 (t) of the PwD Act, person with disability means a person suffering from not less than forty percent (40 percent) of any disability as certified by a medical authority.

As per Section 33 of the PwD Act, 1995, every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent 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) Hearing impairment;
(iii) Loco motor 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.

As per Section 39 of the PwD Act, 1995, 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.

Government has issued instructions that PwDs should be provided reservation in all Groups of identified posts, in the matter of direct recruitment and in Group ‘C’ and ‘D’ posts identified, in the matter of promotion. Vide O.M. dated 26th December, 2012, Government has issued instructions to ensure that Persons with Disabilities (PwDs) get a equal opportunity in consideration for appointment to an identified post.

The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the persons with disabilities.


GOVERNMENT OF INDIA
MINISTRY OF  SOCIAL JUSTICE AND EMPOWERMENT
RAJYA SABHA
UNSTARRED QUESTION NO-138
ANSWERED ON-05.08.2013
Reservation for persons with disabilities
138 . SHRI BHAGAT SINGH KOSHYARI

(a) the types of disability that come under the category of reservation for the purpose of giving admission in educational institutes and providing employment to them;

(b) whether the recruitment under the quota available for persons with disabilities is being made regularly by Government;

(c) if so, the details thereof and if not, the reasons therefor;

(d) whether there is any proposal to increase the percentage of quota of reservation for disabled persons; and

(e) if so, the details thereof?

ANSWER
(a) to (c) **see above**

(d) and (e) The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the persons with disabilities.

Source: Rajya Sabha Q&A

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