Hi Kanchan Ma'am Someone on the group wanted to understand the scope of the definition of "establishment" in PWD act so was replying to him. I was not aware of Bombay HC or Supreme Court's judgement. I construed the definition in context of PWD act to best of my limited knowledge as a law student. Please share the citation of both Bombay and Supreme court's judgement.
Bombay HC was right in construing the definition to include Private Companies. Definition in any sense do not seems to me a limiting one however their conservative approach is damaging. Best AM On 4/26/16, Kanchan Pamnani <[email protected]> wrote: > Sorry I don’t know where this discussion started but I just read the end of > thisdiscussion. There was a judgement of the Bombay High court which brought > private companies under the ambit of "establishment" under the PWD Act, > 1995. However this was set aside by the Supreme Court. > The new law for which we have been waiting for many years may bring > companies within the scope to some extent- this was to be for public spaces > but not reservation for employment. I don’t know what the final version > would be since it has gone through so many hands and so many changes. > Kanchan > > -----Original Message----- > From: AccessIndia [mailto:[email protected]] On Behalf > Of Arjun Malhotra > Sent: 26 April 2016 12:11 > To: AccessIndia: a list for discussing accessibility and issues concerning > the disabled. > Subject: Re: [AI] explaination needed > > In addition to my previous mail i would like to add one more thing. > I guess first part will be controlled by second part that is test of > ownership, financial aid and controll will be looked into for the purpose > of determining whether the body is an establishment or not. > If you take first phrase alone the scope of establishment will be very wide > and can include private companies as well, this cant be so. > > On 4/26/16, Arjun Malhotra <[email protected]> wrote: >> There are at least 2 ways in which a corporation can come into >> existance: >> First is through incorporation under an act like company's act or >> society act. The word "under" refers to this type of corporation. >> 2 the 2nd method is that parliament or state legislature forms a >> corporation through some special act and powers and function of such >> corporation is provided in the special act that forms the corporation >> example are LIC, Food corporation of India etc. The word "by" in the >> definition of the establishment refers to this kind of corporation. >> >> Basically any instrumentalities of state can be included or covered >> by this definition. >> That is to say any local authority like Cantonment boards, municiple >> bodies , government company, any other body over which state has >> controll can come under the definition of establishment. Governmental >> Departments like Excise Department, Human Resource Department etc can >> also be covered by this definition. >> >> >> >> >> >> >> On 4/26/16, Kakarla Nageswaraiah <[email protected]> wrote: >>> Hello, >>> As far as I know, the following provisions may clarify your doubts. >>> >>> Persons with Disabilities (Equal Opportunities, Protection of Rights >>> and Full Participation) Act, 1995 >>> >>> CHAPTER I >>> PRELIMINARY >>> >>> 2. Definitions. - In this Act, unless the context otherwise >>> requires,- a."Appropriate Government" means,- i.in relation to the >>> Central Government or any establishment/wholly or substantially >>> financed by that Government, or a Cantonment Board constituted under >>> the Cantonment Act, 1924, the Central Government ; ii.in relation to >>> a State Government or any establishment wholly or substantially >>> financed by that Government, or any local authority, other than a >>> Cantonment Board, the State Government; iii.in respect of the Central >>> Co-ordination Committee and the Central Executive Committee, the >>> Central Government; iv.in respect of the State Co-ordination >>> Committee and the State Executive Committee, the State Government; >>> >>> k. "establishment" means a corporation established by or under a >>> Central, Provincial or State Act, or an authority or a body owned or >>> controlled or aided by the Government or a local authority or a >>> Government company as defined in section 617 of the Companies Act, >>> 1956 (1 of 1956) and includes Departments of a Government; >>> >>> CHAPTER VI >>> EMPLOYMENT >>> >>> 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- i. blindness or low vision; ii. hearing impairment; iii. >>> locomotor disability or cerebral palsy, in the posts identified for >>> each disability: >>> >>> From the above definitions and provisions, you may understand that >>> educational institutions like schools, colleges, universities; >>> companies and corporations aided and/or controlled by State or >>> Central Governments, etc. come under the purview of the Act. >>> >>> Regards. >>> >>> >>> On 4/24/16, Mohit Gupta <[email protected]> wrote: >>>> Dear friends, >>>> In persons with disability act para 2k defines the meaning of >>>> establishment: >>>> (k) "Establishment" means a corporation established by or under a >>>> Central, Provincial or State Act, >>>> >>>> Please explain this sentence. Which organisations can be covered in >>>> this definition. >>>> -- >>>> Thanks and Regards, >>>> Mohit Gupta. >>>> Rajasthan. >>>> >>>> >>>> Register at the dedicated AccessIndia list for discussing >>>> accessibility of mobile phones / Tabs on: >>>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_a >>>> ccessindia.org.in >>>> >>>> >>>> Search for old postings at: >>>> http://www.mail-archive.com/[email protected]/ >>>> >>>> To unsubscribe send a message to >>>> [email protected] >>>> with the subject unsubscribe. >>>> >>>> To change your subscription to digest mode or make any other >>>> changes, please visit the list home page at >>>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.o >>>> rg.in >>>> >>>> >>>> Disclaimer: >>>> 1. Contents of the mails, factual, or otherwise, reflect the >>>> thinking of the person sending the mail and AI in no way relates >>>> itself to its veracity; >>>> >>>> 2. AI cannot be held liable for any commission/omission based on the >>>> mails sent through this mailing list.. >>>> >>> >>> >>> -- >>> కాకర్ల నాగేశ్వరయ్య >>> >>> K. Nageswaraiah >>> >>> >>> Register at the dedicated AccessIndia list for discussing accessibility >>> of >>> mobile phones / Tabs on: >>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/[email protected]/ >>> >>> To unsubscribe send a message to >>> [email protected] >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >>> Disclaimer: >>> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >>> the >>> person sending the mail and AI in no way relates itself to its veracity; >>> >>> 2. AI cannot be held liable for any commission/omission based on the >>> mails >>> sent through this mailing list.. >>> >> > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
