The Rights of Persons with Disabilities Act, 2016.
Administered Ministry: Ministry of Social Justice and Empowerment / Department of Empowerment of Persons with Disabilities
Section
Section 21 Equal opportunity policy. 1 docs
(1) Every establishment shall notify equal opportunity policy detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter in the manner as may be prescribed by the Central Government.
(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be.
(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be.
Section 22 Maintenance of records. 1 docs
(1) Every establishment shall maintain records of the persons with disabilities in relation to the matter of employment, facilities provided and other necessary information in compliance with the provisions of this Chapter in such form and manner as may be prescribed by the Central Government.
(2) Every employment exchange shall maintain records of persons with disabilities seeking employment.
(3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate Government.
(2) Every employment exchange shall maintain records of persons with disabilities seeking employment.
(3) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorised in their behalf by the appropriate Government.
Section 23 Appointment of Grievance Redressal Officer. 1 docs
(1) Every Government establishment shall appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief Commissioner or the State Commissioner, as the case may be, about the appointment of such officer.
(2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action.
(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration.
(4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability.
(2) Any person aggrieved with the non-compliance of the provisions of section 20, may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action.
(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government, and every complaint shall be inquired within two weeks of its registration.
(4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability.
Section 24 Social security.
(1) The appropriate Government shall within the limit of its economic capacity and development formulate necessary schemes and programmes to safeguard and promote the right of persons with disabilities for adequate standard of living to enable them to live independently or in the community:
Provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others.
(2) The appropriate Government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status.
(3) The schemes under sub-section (1) shall provide for,---
(a) community centres with good living conditions in terms of safety, sanitation, health care and counselling;
(b) facilities for persons including children with disabilities who have no family or have been abandoned, or are without shelter or livelihood;
(c) support during natural or man-made disasters and in areas of conflict;
(d) support to women with disability for livelihood and for upbringing of their children;
(e) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas;
(f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free of cost to persons with disabilities with such income ceiling as may be notified;
(g) disability pension to persons with disabilities subject to such income ceiling as may be notified;
(h) unemployment allowance to persons with disabilities registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation;
(i) care-giver allowance to persons with disabilities with high support needs;
(j) comprehensive insurance scheme for persons with disability, not covered under the Employees State Insurance Schemes, or any other statutory or Government-sponsored insurance schemes;
(k) any other matter which the appropriate Government may think fit.
Provided that the quantum of assistance to the persons with disabilities under such schemes and programmes shall be at least twenty-five per cent. higher than the similar schemes applicable to others.
(2) The appropriate Government while devising these schemes and programmes shall give due consideration to the diversity of disability, gender, age, and socio-economic status.
(3) The schemes under sub-section (1) shall provide for,---
(a) community centres with good living conditions in terms of safety, sanitation, health care and counselling;
(b) facilities for persons including children with disabilities who have no family or have been abandoned, or are without shelter or livelihood;
(c) support during natural or man-made disasters and in areas of conflict;
(d) support to women with disability for livelihood and for upbringing of their children;
(e) access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas;
(f) provisions of aids and appliances, medicine and diagnostic services and corrective surgery free of cost to persons with disabilities with such income ceiling as may be notified;
(g) disability pension to persons with disabilities subject to such income ceiling as may be notified;
(h) unemployment allowance to persons with disabilities registered with Special Employment Exchange for more than two years and who could not be placed in any gainful occupation;
(i) care-giver allowance to persons with disabilities with high support needs;
(j) comprehensive insurance scheme for persons with disability, not covered under the Employees State Insurance Schemes, or any other statutory or Government-sponsored insurance schemes;
(k) any other matter which the appropriate Government may think fit.
Section 25 Healthcare.
(1) The appropriate Government and the local authorities shall take necessary measures for the persons with disabilities to provide,---
(a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified;
(b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres;
(c) priority in attendance and treatment.
(2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall
(a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;
(b) promote various methods for preventing disabilities;
(c) screen all the children at least once in a year for the purpose of identifying "at-risk" cases;
(d) provide facilities for training to the staff at the primary health centres;
(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;
(f) take measures for pre-natal, perinatal and post-natal care of mother and child;
(g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers;
(h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted;
(i) healthcare during the time of natural disasters and other situations of risk;
(j) essential medical facilities for life saving emergency treatment and procedures; and
(k) sexual and reproductive healthcare especially for women with disability.
(a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified;
(b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres;
(c) priority in attendance and treatment.
(2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall
(a) undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;
(b) promote various methods for preventing disabilities;
(c) screen all the children at least once in a year for the purpose of identifying "at-risk" cases;
(d) provide facilities for training to the staff at the primary health centres;
(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;
(f) take measures for pre-natal, perinatal and post-natal care of mother and child;
(g) educate the public through the pre-schools, schools, primary health centres, village level workers and anganwadi workers;
(h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted;
(i) healthcare during the time of natural disasters and other situations of risk;
(j) essential medical facilities for life saving emergency treatment and procedures; and
(k) sexual and reproductive healthcare especially for women with disability.
Section 26 Insurance schemes.
The appropriate Government shall, by notification, make insurance schemes for their employees with disabilities.
Section 27 Rehabilitation.
(1) The appropriate Government and the local authorities shall within their economic capacity and development, undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities.
(2) For the purposes of sub-section (1), the appropriate Government and the local authorities may grant financial assistance to non-Governmental Organisations.
(3) The appropriate Government and the local authorities, while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities.
(2) For the purposes of sub-section (1), the appropriate Government and the local authorities may grant financial assistance to non-Governmental Organisations.
(3) The appropriate Government and the local authorities, while formulating rehabilitation policies shall consult the non-Governmental Organisations working for the cause of persons with disabilities.
Section 28 Research and development.
The appropriate Government shall initiate or cause to be initiated research and development through individuals and institutions on issues which shall enhance habilitation and rehabilitation and on such other issues which are necessary for the empowerment of persons with disabilities.
Section 29 Culture and recreation.
The appropriate Government and the local authorities shall take measures to promote and protect the rights of all persons with disabilities to have a cultural life and to participate in recreational activities equally with others which include,—
(a) facilities, support and sponsorships to artists and writers with disability to pursue their interests and talents;
(b) establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities;
(c) making art accessible to persons with disabilities;
(d) promoting recreation centres, and other associational activities;
(e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities;
(f) redesigning courses in cultural and arts subjects to enable participation and access for persons with disabilities;
(g) developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities; and
(h) ensuring that persons with hearing impairment can have access to television programmes with sign language interpretation or sub-titles.
(a) facilities, support and sponsorships to artists and writers with disability to pursue their interests and talents;
(b) establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities;
(c) making art accessible to persons with disabilities;
(d) promoting recreation centres, and other associational activities;
(e) facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities;
(f) redesigning courses in cultural and arts subjects to enable participation and access for persons with disabilities;
(g) developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities; and
(h) ensuring that persons with hearing impairment can have access to television programmes with sign language interpretation or sub-titles.
Section 30 Sporting activities.
(1) The appropriate Government shall take measures to ensure effective participation in sporting activities of the persons with disabilities.
(2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents.
(3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate Government and the sports authorities shall take measures to,—
(a) restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities;
(b) redesign and support infrastructure facilities of all sporting activities for persons with disabilities;
(c) develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities;
(d) provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities;
(e) allocate funds for development of state of art sport facilities for training of persons with disabilities;
(f) promote and organise disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events.
(2) The sports authorities shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provisions for the inclusion of persons with disabilities in their schemes and programmes for the promotion and development of sporting talents.
(3) Without prejudice to the provisions contained in sub-sections (1) and (2), the appropriate Government and the sports authorities shall take measures to,—
(a) restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities;
(b) redesign and support infrastructure facilities of all sporting activities for persons with disabilities;
(c) develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities;
(d) provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities;
(e) allocate funds for development of state of art sport facilities for training of persons with disabilities;
(f) promote and organise disability specific sporting events for persons with disabilities and also facilitate awards to the winners and other participants of such sporting events.
Section 31 Free education for children with benchmark disabilities.
(1) Notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2009 (35 of 2009), every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighbourhood school, or in a special school, of his choice.
(2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years.
(2) The appropriate Government and local authorities shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of eighteen years.
Section 32 Reservation in higher educational institutions.
(1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent. seats for persons with benchmark disabilities.
(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.
(2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.
Section 33 Identification of posts for reservation. 1 docs
The appropriate Government shall—
(i) identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34;
(ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and
(iii) undertake periodic review of the identified posts at an interval not exceeding three years.
(i) identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34;
(ii) constitute an expert committee with representation of persons with benchmark disabilities for identification of such posts; and
(iii) undertake periodic review of the identified posts at an interval not exceeding three years.
Section 34 Reservation. 4 docs
(1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. for persons with benchmark disabilities under clauses (d) and (e), namely:---
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:
Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time:
Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.
(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five 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 five categories with the prior approval of the appropriate Government.
(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit.
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:
Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time:
Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.
(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five 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 five categories with the prior approval of the appropriate Government.
(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit.
Section 35 Incentives to employers in private sector.
The appropriate Government and the local authorities shall, within the limit of their economic capacity and development, provide incentives to employer in private sector to ensure that at least five per cent. of their work force is composed of persons with benchmark disability.
Section 36 Special employment exchange. 1 docs
The appropriate Government may, by notification, require that from such date, the employer in every establishment shall furnish such information or return as may be prescribed by the Central Government in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such special employment exchange as may be notified by the Central Government and the establishment shall thereupon comply with such requisition.
Section 37 Special schemes and development programmes.
The appropriate Government and the local authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to provide,—
(a) five per cent. reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities;
(b) five per cent. reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities;
(c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres.
(a) five per cent. reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities;
(b) five per cent. reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities;
(c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres.
Section 38 Special provisions for persons with disabilities with high support. 1 docs
(1) Any person with benchmark disability, who considers himself to be in need of high support, or any person or organisation on his or her behalf, may apply to an authority, to be notified by the appropriate Government, requesting to provide high support.
(2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment Board consisting of such Members as may be prescribed by the Central Government.
(3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature.
(4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf.
(2) On receipt of an application under sub-section (1), the authority shall refer it to an Assessment Board consisting of such Members as may be prescribed by the Central Government.
(3) The Assessment Board shall assess the case referred to it under sub-section (1) in such manner as may be prescribed by the Central Government, and shall send a report to the authority certifying the need of high support and its nature.
(4) On receipt of a report under sub-section (3), the authority shall take steps to provide support in accordance with the report and subject to relevant schemes and orders of the appropriate Government in this behalf.
Section 39 Awareness campaigns.
(1) The appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, shall conduct, encourage, support or promote awareness campaigns and sensitisation programmes to ensure that the rights of the persons with disabilities provided under this Act are protected.
(2) The programmes and campaigns specified under sub-section (1) shall also,—
(a) promote values of inclusion, tolerance, empathy and respect for diversity;
(b) advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee;
(c) foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children;
(d) provide orientation and sensitisation at the school, college, University and professional training level on the human condition of disability and the rights of persons with disabilities;
(e) provide orientation and sensitisation on disabling conditions and rights of persons with disabilities to employers, administrators and co-workers;
(f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, colleges and schools.
(2) The programmes and campaigns specified under sub-section (1) shall also,—
(a) promote values of inclusion, tolerance, empathy and respect for diversity;
(b) advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee;
(c) foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children;
(d) provide orientation and sensitisation at the school, college, University and professional training level on the human condition of disability and the rights of persons with disabilities;
(e) provide orientation and sensitisation on disabling conditions and rights of persons with disabilities to employers, administrators and co-workers;
(f) ensure that the rights of persons with disabilities are included in the curriculum in Universities, colleges and schools.
Section 40 Accessibility. 1 docs
The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.