Hello sir, The proposals are well defined. They stated 0.5 percent posted completed blind and rest of the low vision. I feel it should be enhenced or at least the pryority should be with totally blind. If there are less vacancies, the post should be alocated to totally blind. The children of handicapped may also be given certain exemptions for payment of fee in higher education. The promotions may also be given to handicapped like SCs and STs. Anyhow thank you so much for providing this and earlier. Yours, Surya.
On 10/12/09, Asudani, Rajesh <[email protected]> wrote: > friends > This is the summery of proposed amendments in disabilities act put up by > MSJE. > Let us think and formulate our opinion. > I will post my views on wednesday. > > expnote[1].pdf > An Explanatory Note > on > the proposed amendments in > the Persons with Disabilities (Equal Opportunities, Protection of Rights and > Full > Participation Act), 1995 > 1. Background > list of 1 items > (i) A Meeting to Launch the Asian and Pacific Decade of Disabled Persons > 1993-2002, convened by the Economic and Social Commission for Asia and > Pacific > (ESCAP), was held at Beijing in December, 1992. The Proclamation on the Full > Participation and Equality of People with Disabilities in the Asian and > Pacific > Region was adopted in this meeting, to which India is a signatory. > list end > list of 1 items > (ii) The subject of "Relief to the disabled" is covered under Item 9 of the > State List in the > Constitution of India. However, the Central Government enacted The Persons > with > Disabilities (Equal Opportunities, Protection of Rights and Full > Participation Act), 1995 to > implement this proclamation. The Act was enacted under > Article 253-("Legislation for > giving effect to international agreements") of the Constitution of India, > read with item No. > 13 -("Participation in international conferences, associations and other > bodies and > implementing of decisions made thereat") of the Union List. > list end > list of 1 items > (iii) The National Policy for Persons with Disabilities, which was adopted > on 10.2.2006, envisages amendments to the Act in consultation with the > stakeholders. > > list end > list of 2 items > (iv) An extensive consultation with the stakeholders was held with the State > Government > representatives, NGOs, disabled persons' organizations and experts in the > field as > follows: > (a) At Patna - on 11.7.06 - for the Eastern Region > (b) At Chennai - on 18.7.06- for the Southern Region. > (c) At New Delhi - on 14.8.07- for the Northern Region > (d) At Goa - on 19.11.07 - for the Western Region. > The last two meetings were held after the United Nations Convention on the > Rights of > Persons with Disabilities (UNCRPD) was signed by India on 30.03.2007, so > that its > provisions could be taken into consideration. > (v) During the course of consultation, various stakeholders were requested > to submit their suggestions in writing. The suggestions received were > compiled > in a report submitted on 27.03.2008 by the then Advisor, Rehabilitation > Council of India. > list end > list of 1 items > (vi) The UNCRPD was ratified by India on 01.10.2007 and has come into effect > on 03.5.2008. > list end > list of 2 items > (vii) Draft amendments were formulated considering the suggestions received > and the need for harmonization of the Act with the provisions of the > National > Trust Act, 1999. > (viii) The proposal for amendment in the Act was placed before Central > Coordination Committee (CCC), constituted under Section 3 of the Act, on > 21.7.09. > > list end > list of 1 items > (ix) The proposal has been revised, taking into consideration the > suggestions received in the CCC meeting, and the latest version of the > proposed amendments > is enclosed. > list end > 2. Summary of proposed amendments > list of 1 items > (i) Changes in Definitions (in Chapter I) > list end > list of 1 items > (a) "Autism" is a disability in the National Trust Act, but not in the PwD > Act. Likewise, "multiple disabilities" is defined in the National Trust Act. > It is proposed to add definitions of "autism" and "multiple disabilities" in > the PwD Act, in line with the definitions given in the National Trust Act. > > list end > list of 1 items > (b) Definition of "rehabilitation" is proposed to be modified and > definitions of , "communication", "discrimination on the basis of > disability", "inclusive > environment", "language", "public building", "reasonable accommodation" and > "universal design" are proposed to be added, in line with the provisions of > UNCRPD. > list end > list of 1 items > (c) Definitions of "blindness", "hearing impairment" and "persons with low > vision" are proposed to be revised to make them more accurate, based on the > recommendation > of the Expert Committee set up by this Ministry under the chairmanship of > DGHS. > list end > list of 1 items > (d) Definition of "appropriate Government" is proposed to be improved. > list end > list of 1 items > (e) Other important definitions proposed to be added are- "local authority" > and "poverty alleviation schemes". > list end > list of 1 items > (ii) Guiding Principles > list end > A new "Chapter III-A-Guiding Principles for Appropriate Governments and > Local > Bodies", is proposed to be included - based on Art.3 ("General Principles") > of the UNCRPD. > This Chapter lists the steps to be taken by appropriate Governments and > local authorities, within > their economic capacity, to secure various rights of persons with > disabilities, as follows: > (i) Respect for inherent dignity, individual autonomy including the freedom > to make > one's own choices, and independence of persons; > (ii) Non-discrimination; > (iii) Full and effective participation and inclusion in society; > (iv) Respect for difference and acceptance of persons with disabilities as > part of > human diversity and humanity; > list of 1 items > (v) Equality of opportunity; > list end > (vi) Accessibility; > list of 1 items > (vii) Equality between men and women; > list end > list of 1 items > (viii) Respect for the evolving capacities of children with disabilities and > respect for the right of children with disabilities to preserve their > identities. > > list end > list of 1 items > (iii) Access for persons with disabilities > list end > (a) The existing provisions relating to access for persons with disabilities > are contained in > Sections 44, 45 and 46 relating to non-discrimination in transport, on the > road and in > the built environment, respectively. It is proposed that the proviso "within > the limits of > economic capacity and development' be removed. Further, it is proposed to > provide for > specification of time-limits for making the transport sector, roads and the > built > environment barrier-free. The notification in this regard would have to be > issued within > one year of enactment of the Amendment Act and the time limit shall not be > later than > 31.12.2017. > (b) A new "Section 46B-Accessibility of Information in the public domain to > persons > with disabilities" is proposed to be added. This Section is based on Art. > 21("Freedom of > expression and opinion and access to information") of the UNCRPD. This > Section > will make it mandatory for appropriate Government and local bodies to ensure > availability > of all information in the public domain in accessible format suitable to the > needs of > persons with disabilities and notification of standards for accessibility of > websites. > (c) A new sub Section 48(2) is proposed to be added, relating to research > and development > in the area of universal design, which is also ultimately expected to > improve access for > persons with disabilities. > list of 1 items > (iv) Rehabilitation > list end > A new Chapter IVA ("Rehabilitation"), is proposed to be included, replacing > the existing > provisions of Section 42 ("Aids and appliances to persons with > disabilities") and 66 (""Appropriate > Governments and local authorities to undertake rehabilitation"). A new > provision is proposed > regarding involving family care givers and guardians of persons with > disabilities in their > rehabilitation, for which adequate training shall be provided. > list of 1 items > (v) Education > list end > list of 1 items > (a) Section 26 ("Education of children with disabilities at the school > level")- The concept of inclusive education at the school level is proposed > to be > introduced, to bring it in line with the present policy under the Sarva > Shiksha Abhiyan and Art. 24 ("Education") of the UNCRPD. > list end > list of 1 items > (b) A new Section 26-A ("Distance Education of Persons with Disabilities > above 18 years of age to be free upto the senior secondary stage") is > proposed > to be introduced, to provide free education through distance education for > persons with disabilities upto senior secondary stage irrespective of age. > list end > list of 1 items > (c) A new Section 26 B ("Higher and Professional Education"), is proposed to > be introduced to promote higher education for students with disabilities. > list end > list of 1 items > (d) A new Section 27 ("Education of children with learning disabilities"), > is proposed to be introduced (replacing the existing Section 27) to improve > the > coverage of the subject of education in the Act to give attention to > children with learning disabilities. The present Act has no provisions > whatsoever > about children with learning disabilities. > list end > list of 1 items > (e) A new Section 27A ("Education of children with cerebral palsy and > children with multiple disabilities, especially deafblind children"), is > proposed > to be introduced to improve the coverage of the subject of education in the > Act to give attention to children with cerebral palsy and children with > multiple > disabilities, especially deafblind children. > list end > list of 1 items > (f) In Section 30 ("Appropriate Governments to prepare a comprehensive > education scheme providing for transport facilities, supply of books, > etc."), suitable > amendments are being proposed to accommodate the special requirements of > visually impaired and hearing impaired children with regard to evaluation > system > and curriculum. > list end > list of 1 items > (g) The scope of Section 31 ("Educational institutions to provide amanuensis > to students with visual handicap") regarding provision of amanuensis to > students > with disabilities, is proposed to be expanded to include persons with > disabilities in the writing upper limb, including students with cerebral > palsy. > list end > list of 1 items > (h) The scope of the section Section 39 ("All educational institutions to > reserve seats for persons with disabilities"), which covers Government and > Government-aided > institutions, is proposed to be extended by including all recognized > institutions, which would be required to provide 3% reservation (Section 31A > replaces > Section 39). > list end > list of 1 items > (vi) Reservation in Government Employment > list end > Amendments are proposed in Section 33 ("Reservation of posts"), for > reservation by > appropriate Government, to: > list of 1 items > (a) bring about clarity regarding coverage of organized services for the > purposes of reservation > list end > list of 1 items > (b) split the 1% quota for reservation for persons with blindness and low > vision, to provide for 0.5% reservation in each sub-category > list end > list of 1 items > (c) enable the appropriate Government to provide quota for reservation for > other types of disabilities also, and > list end > list of 1 items > (d) carry forward unfilled vacancies for the next three years (instead of > the present period of one year) so that the benefit of reservation is not > denied > to persons with disabilities- this is in line with the recommendations of > the GOM in July, 2008 > list end > list of 1 items > (vii) Incentives to employers > list end > With regard to Section 41 ("Incentives to employers to ensure five percent > of the work force > is composed of persons with disabilities"), the incentives are now proposed > to be provided > only to employers in the private sector, since the public sector is already > mandated as per law to > provide reservation in employment and there is no justification for giving > incentives. > list of 1 items > (viii) Care and Protection, Health-care, and Social Security > list end > list of 1 items > (a) A new Chapter VA ("Healthcare") is proposed to be added based on Art. 25 > ("Health") of the UNCRPD, to provide for appropriate Governments and local > authorities to provide healthcare to persons with disabilities within a > reasonable distance from their location, especially in rural areas. The > healthcare > is to be provided free of cost for persons with disabilities whose family > income is below limits as notified by the appropriate Governments. > Barrier-free > access is to be provided in Government run or aided > hospitals/institutions/centres and priority in attendance is to be given. > The Act, at present, has > no provisions regarding healthcare. > list end > list of 1 items > (b) Section 56 ("Persons with Disabilities in need of Care and Protection") > - The appropriate Governments would be required to promote care and > protection > of persons with disabilities in the family and the community and establish > and maintain homes where there is no family/community support. Special > attention > is to be given to persons with severe disabilities and women and children > with disabilities. > list end > list of 1 items > (c) A new Section 66 ("Maintenance Allowance and Disability Pension") is > proposed to be added, replacing the existing section, to provide social > security > for persons with disabilities, especially to those with severe and multiple > disabilities, especially women, by appropriate Governments, within the > limits > of their economic capacity and development. > list end > list of 1 items > (d) Section 67 ("Insurance")- The existing Section, which only covers > insurance of employed persons with disabilities, is proposed to be replaced > with a > Section on a comprehensive insurance scheme for persons with disabilities in > general. > list end > list of 1 items > (ix) Delivery of public services > list end > A new Section 46A ("Delivery of public services") is proposed to be added to > provide equal > access to persons with disabilities in all Government programmes and > services, in the light of Art. > 9 ("Accessibility") of the UNCRPD. > list of 1 items > (x) Removal of the phrase "within the limits of economic capacity and > development" from certain existing sections > list end > The phrase "within the limits of economic capacity and development" is > proposed to be omitted > from the following existing Sections: > list of 5 items > i. Section 25: Prevention of disabilities > ii. Section 41: Incentives for employing persons with disabilities > iii. Sections 44-46: Non-discrimination/access > iv. Section 66: (being replaced by new Section 25A): Rehabilitation > v. Section 68: Unemployment allowance > list end > list of 1 items > (xi) Creation of Awareness > list end > A new Section 70A ("Creation of Awareness on Disability Issues") is proposed > to be added, > as per Art. 8 ("Awareness-raising") of the UNCRPD, mandating that > appropriate Governments > and local authorities shall take measures for awareness-raising, combating > prejudice and > promoting positive perceptions about persons with disabilities. > (xii) Recreation > A new Section 70B ("Recreation") is proposed to be added, based on Art. 30 > ("Participation in > cultural life, recreation, leisure and sport") of the UNCRPD, relating to > development and utilization > of creative, artistic and intellectual abilities of persons with > disabilities and measures for their > participation in mainstream sports, recreation and tourism, by the > appropriate Governments and > local authorities, within the limits of their economic capacity and > development. > list of 1 items > (xii) Central and State-level Coordinating and Monitoring Mechanism > list end > list of 1 items > (a) The Central Coordination Committee (CCC), as provided in Section 3, is > proposed to be re-named as the "Central Advisory Board" and the Central > Executive > Committee(CEC), as provided for in Section 9, as the "Central Coordination > and Monitoring Committee", since the existing nomenclature does not > adequately > convey the functions of these bodies. Similar changes are proposed to be > made in the nomenclature of the State Coordination Committees (Section 13) > and > the State Executive Committees (Section 19). > list end > list of 1 items > (b) New Sections- 9A and 19A- are proposed to be added to incorporate > provisions relating to tenures of nominated members of the Central and State > Coordination > and Monitoring Committees respectively. > list end > list of 1 items > (c) Certain changes are proposed in the composition of the Central Advisory > Board under Section 3 and the Central Coordination and Monitoring Committee > under Section 9 vis-à-vis those for the existing CCC and CEC, respectively, > so as to account for changes in nomenclature in some of the Ministries and > inclusion of some more ex-officio members whose presence in these bodies > seems necessary. > list end > list of 1 items > (d) Similar changes (as in Sections 3 and 9) are proposed in Sections 13 and > 19 with regard to composition of the State Advisory Board and State > Coordination > and Monitoring Committee. The Chief Secretary is now proposed as the > Chairperson of the State Committee, instead of the Secretary, Department of > Social > Welfare of the State, as per the present provision. > list end > list of 1 items > (xiii) Introduction of a monitoring mechanism at the District-level > list end > At present, the PwD Act provides for consultative/monitoring at the Central > and State levels only. > It is now proposed, through a new Section 22A to provide for constitution of > a District-Level > Committee on Disability also, as a district-level mechanism for monitoring > implementation of the > decisions taken by the State Advisory Board and the State Coordination and > Monitoring > Committee. > list of 1 items > (xiv) Appointment, functions and powers of the Chief Commissioner and State > Commissioners for Persons with Disabilities > list end > list of 1 items > (a) New provisions relating to details of terms of appointment, conditions > of service, resignation and removal are proposed to be introduced in Section > 57 (for Chief Commissioner) and Section 60 (for State Commissioners). > Appointment of the Chief Commissioner and State Commissioners on a full-time > basis > is proposed to be made mandatory. Besides, the proposed provisions specify > that serving Government employees cannot be appointed on the post of Chief > Commissioner > or State Commissioner, except in States with < 5 million population as per > last census. > list end > list of 1 items > (b) Further to the existing powers of summoning and enforcing attendance of > witnesses, the Chief Commissioner and State Commissioners are proposed to be > provided one more power of a Civil Court, under Section 63, viz. the power > to "examine on oath" which is essential to enable it to enquire/investigate > complaints properly, and is enjoyed by other similarly placed bodies/ > Commissions. > list end > (c) In addition, a new provision has been made under Section 59 to ensure > that whenever > the Chief Commissioner, while looking into the complaint regarding > deprivation of rights / > non-implementation of laws, rules, etc. for welfare and protection of rights > for persons > with disabilities, makes a recommendation to an authority, that authority > shall take > necessary action on it and inform the Chief Commissioner of the action taken > within three > months from the date of receipt of the recommendation. In case, that > authority does not > accept a recommendation, he shall convey reasons for non-acceptance to the > Chief > Commissioner within three months and shall also similarly inform the > aggrieved person. > list of 1 items > (xv) Recognition of Institutions for Persons with Disabilities > list end > New provisions are proposed to be added as indicated below: > list of 1 items > (a) New proviso has been added in Section 51("Registration of institution") > that recognition of institutions shall meet the minimum standards and norms > for recognition as may be prescribed. > list end > list of 1 items > (b) New Sub-Section 52(7)- A time-limit is proposed to prescribe for > disposal of applications for registration of new institutions. > list end > list of 1 items > (c) New Sub-Section 52(7)- An institution for care of mentally ill persons, > which is licensed under the Mental Health Act, 1987, shall not be required > to > be registered under this Act. > list end > (xvii) Penal Provisions > A new Section 53A ("Punishment for contravention of Sections 44, 45, 46, 51 > and 53") is > proposed to introduce a fine for contravention of Sections relating to > barrier-free access in > transport, on the road and in the built environment, and for violation of > the provisions of the Act by > registered institutions. > list of 1 items > (xviii) National Fund for Persons with Disabilities > list end > A new Chapter XIII A ("National Fund for Persons with Disabilities") is > proposed to be added > in pursuance of the Supreme Court judgment dated 16.04.2004 in Civil Appeal > Nos. 4655 and > 5218 0f 2000 (Indian Banks' Association & Ors. Vs Devkala Consultancy > Service & Ors.). This > judgment, inter alia, contained directions for immediate creation of a Trust > Fund to be managed > by the CAG of India and subsequent creation of a statutory Trust Fund > through amendment of the > PwD Act. In pursuance of the judgment, the Trust Fund for Empowerment with > Persons with > Disabilities (chaired by CAG of India) was registered on 21.11.2006. Another > Fund, the National > Fund for People with Disabilities has been in existence since 1983. Now > these Funds are sought > to be merged and a statutory National Fund for Persons with Disabilities is > proposed to be > created the new proposed Chapter. > __________ > > Rajesh Asudani > > Assistant General Manager (PPS), > Reserve Bank of India > Nagpur > 09420397185 > O: 0712 2806676 > Res: 0712 2591349 > Doth God exact day-labour, light denied?" > John Milton > > > ________________________________ > Notice: This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they are > addressed. If you are not the intended recipient, any dissemination, use, > review, distribution, printing or copying of the information contained in > this e-mail message and/or attachments to it are strictly prohibited. If you > have received this email by error, please notify us by return e-mail or > telephone and immediately and permanently delete the message and any > attachments. 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