I wish all a very happy, prosperous, cheer full, l successful and healthy New Year 2014.
Tuesday, 31 December 2013
Wednesday, 25 December 2013
Special Incentives to Entrepreneurs with Disability on par with SC/ST entrepreneurs for setting up of New Industrial Enterprises in Andhra Pradesh, under Industrial Investment Promotion Policy (IIPP) 2010-2015- Orders- Issued.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Industrial Promotion - Extension of Special Incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs for setting up of New Industrial
Enterprises in Andhra Pradesh, under Industrial Investment Promotion Policy
(IIPP) 2010-2015- Orders- Issued.
------------------------------------------------------------------------------------------
INDUSTRIES AND COMMERCE (IP) DEPARTMENT
G.O.Ms.No. 188 Dated:20-12-2013.
Read the following:-
1. G.O.Ms.No.61, Industries & Commerce(IP)Department, Dated:29-06-2010
2. G.O.Ms.No.42, Industries & Commerce(IP)Department, Dated:05-05-2011
3. The Persons with Disability Act, 1995.
4. G.O.Ms.No.31, Women Development, Child Welfare & Disabled Welfare
(DW) Department , Dated:01-09-2009
5. The State Co-ordination Committee meeting under persons with
Disabilities Act, 1995 held on 04.06.2010
6. The State Investment Promotion Committee meeting held on 03.01.2013
7. The State Investment Promotion Board meeting held on 26.04.2013
8. From the Commissioner of Industries, Single File.No.15/1/2013/11296,
Dated:02.07.2013.
>><<
O R D E R:
In the reference 5th read above, the State Co-ordination Committee in
its meeting (under Persons with Disabilities Act, 1995) held on 04.06.2010,
resolved to extend industrial subsidy and incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs and appropriate orders will be
issued by the Principal Secretary to Government, Industries & Commerce
Department.
2. As per the Industrial Investment Promotion Policy (IIPP) 2010-2015, no
special incentives are being provided to the Entrepreneurs with Disability and
they are eligible for normal incentives as per the policy on par with general
entrepreneurs.
3. In the reference 6th read above, the State Investment Promotion
Committee has agreed for providing special incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs and recommended to State
Investment Promotion Board for approval.
4. In the reference 7th read above, the State Investment Promotion Board
has reviewed the facts of the case and approved for providing special
incentives to Entrepreneurs with Disability on par with SC/ST entrepreneurs.
5. Government after careful examination of the proposal received from
Commissioner of Industries, A.P., Hyderabad vide reference 8th read above
and in view of the recommendations of the State Investment Promotion
Board, hereby extend the following special incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs, as decided by State Investment
Promotion Board, under Industrial Investment Promotion Policy (IIPP) 2010-
2015:
i. 100% reimbursement of Stamp duty and transfer duty paid
by the industry on purchase of land meant for industrial use.
ii. 100% reimbursement of Stamp duty for Lease of Land/Shed/
Buildings and also mortgages and hypothecations.
iii. 33 1/3% rebate in land cost limited to Rs.10.00 Lakhs in Industrial
Estates /Industrial Parks.
iv. 25% Land conversion charges for the industrial use limited to Rs.10.00
lakhs.
v. Fixed power cost reimbursement @ Rs.1.00 per unit (upper
ceiling)
on the proposed revised rates (2010-11) for 5 years from the date of
commencement of commercial production. In case, decrease in Power
Tariff, the reimbursement will be reduced proportionately.
vi. Seed capital assistance to First Generation Entrepreneurs to set-up
Micro Enterprises @10% of the Machinery cost, which will be
deducted from the eligible investment subsidy.
vii. 35% investment subsidy on fixed capital Investment for Micro and
Small Enterprises promoted by Entrepreneurs with disability and
additional 5% investment subsidy for Women Entrepreneurs with
disability, with a maximum limit per unit is Rs.50.00 Lakhs (i.e.
35% for Entrepreneurs with disability and 40% for Women
entrepreneurs with disability). Additional 5% investment subsidy for
units set up in Scheduled Areas by ST entrepreneurs with disability
with a maximum limit per unit is Rs.50.00 Lakhs.
viii Reimbursement of 100% VAT/CST or State Goods and Services Tax
(SGST) for a period of 5 years from the date of commencement of
commercial production to Micro Enterprises.
ix Reimbursement of 50% VAT/CST or State Goods and Services Tax
(SGST) for a period of 5 years from the date of commencement of
commercial production to Small Enterprises.
x Interest subsidy under Pavala Vaddi Scheme on the term loan taken
on the fixed capital investment by Micro and Small Enterprises in
excess of 3% per annum subject to a maximum reimbursement
of 9% per annum for a period of 5 years from the date of
commencement of commercial production.
xi 50% Reimbursement of cost involved in skill up-gradation and
training the local manpower limited to Rs.2000 per person.
xii 50% subsidy on the expenses incurred for quality certification/
patent registration limited to Rs.2.00 Lakhs for Micro and Small
Enterprises.
xiii 25% subsidy on specific cleaner production measures limited to Rs.5.00
Lakhs.
xiv. For Micro and Small Enterprises set up by Scheduled Caste and
Scheduled Tribe entrepreneurs, Infrastructure like roads, power and
water will be provided at doorstep of the industry for stand alone
units by contributing 50% of the cost of infrastructure from IIDF with
a ceiling of Rs.1.00 Crore, subject to (a) the location should be
beyond 10 kms from the existing Industrial Estates/IDAs having
vacant land/shed for allotment and (b) cost of the infrastructure
limited to 15% of the eligible fixed capital investment made in the
industry.
6. The Definition of persons with Disabilities (PWD) and categories for the
purpose of the scheme shall be considered as defined in the G.O.Ms.No.31,
Women Development, Child Welfare & Disabled Welfare (DW) Department,
Dated:01-09-2009 with its amendments / modification from time to time.
Entrepreneurs with disability mean those units established as sole
proprietor or invariably having 100% share in Partnership / Private Limited
companies.
7. The Entrepreneurs with Disability shall obtain the Entrepreneurs
Memorandum from the concerned General Managers under MSMED Act
2006 of Government of India for setting up the industry as a pre-condition
for claiming benefits/concessions.
8. The Commissioner Welfare of Disabled or his nominee shall be made
as one of the members in State Level Committee on incentives. The
Assistant Director Welfare of the Disabled shall be made as one of the
members in District Level Committee on incentives.
9. The detailed operational guidelines for implementation of the Industrial
Investment Promotion Policy 2010-15 to the Entrepreneurs with Disabled,
will be issued separately.
10. The Commissioner of Industries, A.P., Hyderabad shall take necessary
action, accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
K. PRADEEP CHANDRA,
PRINCIPAL SECRETARY TO GOVERNMENT AND
COMMISSIONER FOR INDUSTRIAL PROMOTION
To
The Commissioner of Industries, A.P., Hyderabad
The Director, Disabled Welfare Department for necessary action.
The Accountant General, Andhra Pradesh, Hyderabad.
Copy to
The Pay and Accounts Officer, Hyderabad
The Finance (Expr.I&C) Department.
The Law (J) Department.
All the District Collectors, in the State
All the General Managers, DIC’s in the State (through COI, A.P.,Hyderabad)
All Head of Departments.
The P.S.to Chief Secretary to Government, Hyderabad.
The P.S.to Secretary to Hon’ble Chief Minister.
All Private Secretaries to the Ministers
All Government Companies and Corporations (through COI, A.P.,Hyderabad)
SF/SC
// FORWARDED BY ORDER //
SECTION OFFICER
ABSTRACT
Industrial Promotion - Extension of Special Incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs for setting up of New Industrial
Enterprises in Andhra Pradesh, under Industrial Investment Promotion Policy
(IIPP) 2010-2015- Orders- Issued.
------------------------------------------------------------------------------------------
INDUSTRIES AND COMMERCE (IP) DEPARTMENT
G.O.Ms.No. 188 Dated:20-12-2013.
Read the following:-
1. G.O.Ms.No.61, Industries & Commerce(IP)Department, Dated:29-06-2010
2. G.O.Ms.No.42, Industries & Commerce(IP)Department, Dated:05-05-2011
3. The Persons with Disability Act, 1995.
4. G.O.Ms.No.31, Women Development, Child Welfare & Disabled Welfare
(DW) Department , Dated:01-09-2009
5. The State Co-ordination Committee meeting under persons with
Disabilities Act, 1995 held on 04.06.2010
6. The State Investment Promotion Committee meeting held on 03.01.2013
7. The State Investment Promotion Board meeting held on 26.04.2013
8. From the Commissioner of Industries, Single File.No.15/1/2013/11296,
Dated:02.07.2013.
>><<
O R D E R:
In the reference 5th read above, the State Co-ordination Committee in
its meeting (under Persons with Disabilities Act, 1995) held on 04.06.2010,
resolved to extend industrial subsidy and incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs and appropriate orders will be
issued by the Principal Secretary to Government, Industries & Commerce
Department.
2. As per the Industrial Investment Promotion Policy (IIPP) 2010-2015, no
special incentives are being provided to the Entrepreneurs with Disability and
they are eligible for normal incentives as per the policy on par with general
entrepreneurs.
3. In the reference 6th read above, the State Investment Promotion
Committee has agreed for providing special incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs and recommended to State
Investment Promotion Board for approval.
4. In the reference 7th read above, the State Investment Promotion Board
has reviewed the facts of the case and approved for providing special
incentives to Entrepreneurs with Disability on par with SC/ST entrepreneurs.
5. Government after careful examination of the proposal received from
Commissioner of Industries, A.P., Hyderabad vide reference 8th read above
and in view of the recommendations of the State Investment Promotion
Board, hereby extend the following special incentives to Entrepreneurs with
Disability on par with SC/ST entrepreneurs, as decided by State Investment
Promotion Board, under Industrial Investment Promotion Policy (IIPP) 2010-
2015:
i. 100% reimbursement of Stamp duty and transfer duty paid
by the industry on purchase of land meant for industrial use.
ii. 100% reimbursement of Stamp duty for Lease of Land/Shed/
Buildings and also mortgages and hypothecations.
iii. 33 1/3% rebate in land cost limited to Rs.10.00 Lakhs in Industrial
Estates /Industrial Parks.
iv. 25% Land conversion charges for the industrial use limited to Rs.10.00
lakhs.
v. Fixed power cost reimbursement @ Rs.1.00 per unit (upper
ceiling)
on the proposed revised rates (2010-11) for 5 years from the date of
commencement of commercial production. In case, decrease in Power
Tariff, the reimbursement will be reduced proportionately.
vi. Seed capital assistance to First Generation Entrepreneurs to set-up
Micro Enterprises @10% of the Machinery cost, which will be
deducted from the eligible investment subsidy.
vii. 35% investment subsidy on fixed capital Investment for Micro and
Small Enterprises promoted by Entrepreneurs with disability and
additional 5% investment subsidy for Women Entrepreneurs with
disability, with a maximum limit per unit is Rs.50.00 Lakhs (i.e.
35% for Entrepreneurs with disability and 40% for Women
entrepreneurs with disability). Additional 5% investment subsidy for
units set up in Scheduled Areas by ST entrepreneurs with disability
with a maximum limit per unit is Rs.50.00 Lakhs.
viii Reimbursement of 100% VAT/CST or State Goods and Services Tax
(SGST) for a period of 5 years from the date of commencement of
commercial production to Micro Enterprises.
ix Reimbursement of 50% VAT/CST or State Goods and Services Tax
(SGST) for a period of 5 years from the date of commencement of
commercial production to Small Enterprises.
x Interest subsidy under Pavala Vaddi Scheme on the term loan taken
on the fixed capital investment by Micro and Small Enterprises in
excess of 3% per annum subject to a maximum reimbursement
of 9% per annum for a period of 5 years from the date of
commencement of commercial production.
xi 50% Reimbursement of cost involved in skill up-gradation and
training the local manpower limited to Rs.2000 per person.
xii 50% subsidy on the expenses incurred for quality certification/
patent registration limited to Rs.2.00 Lakhs for Micro and Small
Enterprises.
xiii 25% subsidy on specific cleaner production measures limited to Rs.5.00
Lakhs.
xiv. For Micro and Small Enterprises set up by Scheduled Caste and
Scheduled Tribe entrepreneurs, Infrastructure like roads, power and
water will be provided at doorstep of the industry for stand alone
units by contributing 50% of the cost of infrastructure from IIDF with
a ceiling of Rs.1.00 Crore, subject to (a) the location should be
beyond 10 kms from the existing Industrial Estates/IDAs having
vacant land/shed for allotment and (b) cost of the infrastructure
limited to 15% of the eligible fixed capital investment made in the
industry.
6. The Definition of persons with Disabilities (PWD) and categories for the
purpose of the scheme shall be considered as defined in the G.O.Ms.No.31,
Women Development, Child Welfare & Disabled Welfare (DW) Department,
Dated:01-09-2009 with its amendments / modification from time to time.
Entrepreneurs with disability mean those units established as sole
proprietor or invariably having 100% share in Partnership / Private Limited
companies.
7. The Entrepreneurs with Disability shall obtain the Entrepreneurs
Memorandum from the concerned General Managers under MSMED Act
2006 of Government of India for setting up the industry as a pre-condition
for claiming benefits/concessions.
8. The Commissioner Welfare of Disabled or his nominee shall be made
as one of the members in State Level Committee on incentives. The
Assistant Director Welfare of the Disabled shall be made as one of the
members in District Level Committee on incentives.
9. The detailed operational guidelines for implementation of the Industrial
Investment Promotion Policy 2010-15 to the Entrepreneurs with Disabled,
will be issued separately.
10. The Commissioner of Industries, A.P., Hyderabad shall take necessary
action, accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
K. PRADEEP CHANDRA,
PRINCIPAL SECRETARY TO GOVERNMENT AND
COMMISSIONER FOR INDUSTRIAL PROMOTION
To
The Commissioner of Industries, A.P., Hyderabad
The Director, Disabled Welfare Department for necessary action.
The Accountant General, Andhra Pradesh, Hyderabad.
Copy to
The Pay and Accounts Officer, Hyderabad
The Finance (Expr.I&C) Department.
The Law (J) Department.
All the District Collectors, in the State
All the General Managers, DIC’s in the State (through COI, A.P.,Hyderabad)
All Head of Departments.
The P.S.to Chief Secretary to Government, Hyderabad.
The P.S.to Secretary to Hon’ble Chief Minister.
All Private Secretaries to the Ministers
All Government Companies and Corporations (through COI, A.P.,Hyderabad)
SF/SC
// FORWARDED BY ORDER //
SECTION OFFICER
Sunday, 15 December 2013
Passing of Departmental Tests for promotion to next higher categories – 5 years time allowed
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services – Promotion to the higher posts - Visually Handicapped
employees – Passing of Departmental Tests for promotion to next
higher categories – 5 years time allowed – Orders – Issued.
-------------------------------------------------------------------------------
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
G.O.Ms.No: 748 Dated: 29-12-2008.
Read the following :
1) Director, Disabled Welfare & State Commissioner under
persons with Disabilities Act,1995 Lr.No:S.V/6794/06,
dt.19-04-2007.
2) Commissioner for the Welfare of persons with Disabilities
and Senior Citizens Lr.No.S-V/6794/2006, Dt.10-05-08.
3) From the Secretary, APPSC, Hyderabad, Lr.No.1526/RR/08,
Dt.15-12-2008.
*****
ORDER :-
The Secretary, Visually Handicapped Employees Welfare
Association, Kakinada has requested to exempt the Visually disabled
employees from passing the departmental tests irrespective whether
they have crossed 45 years of age or not, as a special case, if they
fulfill the other conditions for promotion to next higher posts. In the
reference 2nd read above, it is reported that due to non-availability of
books and codes in Braille Script, the visually impaired employees are
loosing chances for higher promotions.
2. After careful examination, it is decided to allow 5 (five) years
time to acquire the qualification of Tests prescribed under the rules by
the Visually Handicapped employees who are otherwise qualified for
promotion and during this time the books and codes will be prepared
and made available in Braille Script instead of totally exempting them
from passing Departmental Tests. However, the employees who come
up for consideration for promotion shall be promoted to higher
categories during this period of 5 (five) years and such employees
shall be directed to pass the tests in the promoted post. The
preparation of books and codes in Braille Script for passing of tests
shall be reviewed after 5 years.
3. Accordingly, the following notification will be published in the
Andhra Pradesh Gazettee.
NOTIFICATION
In exercise of the powers conferred by the proviso to article 309
of the Constitution of India and of all other powers hereunto enabling,
the Governor of Andhra Pradesh hereby makes the following Adhocrule,
namely :-
Contd..p..2..
ABSTRACT
Public Services – Promotion to the higher posts - Visually Handicapped
employees – Passing of Departmental Tests for promotion to next
higher categories – 5 years time allowed – Orders – Issued.
-------------------------------------------------------------------------------
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
G.O.Ms.No: 748 Dated: 29-12-2008.
Read the following :
1) Director, Disabled Welfare & State Commissioner under
persons with Disabilities Act,1995 Lr.No:S.V/6794/06,
dt.19-04-2007.
2) Commissioner for the Welfare of persons with Disabilities
and Senior Citizens Lr.No.S-V/6794/2006, Dt.10-05-08.
3) From the Secretary, APPSC, Hyderabad, Lr.No.1526/RR/08,
Dt.15-12-2008.
*****
ORDER :-
The Secretary, Visually Handicapped Employees Welfare
Association, Kakinada has requested to exempt the Visually disabled
employees from passing the departmental tests irrespective whether
they have crossed 45 years of age or not, as a special case, if they
fulfill the other conditions for promotion to next higher posts. In the
reference 2nd read above, it is reported that due to non-availability of
books and codes in Braille Script, the visually impaired employees are
loosing chances for higher promotions.
2. After careful examination, it is decided to allow 5 (five) years
time to acquire the qualification of Tests prescribed under the rules by
the Visually Handicapped employees who are otherwise qualified for
promotion and during this time the books and codes will be prepared
and made available in Braille Script instead of totally exempting them
from passing Departmental Tests. However, the employees who come
up for consideration for promotion shall be promoted to higher
categories during this period of 5 (five) years and such employees
shall be directed to pass the tests in the promoted post. The
preparation of books and codes in Braille Script for passing of tests
shall be reviewed after 5 years.
3. Accordingly, the following notification will be published in the
Andhra Pradesh Gazettee.
NOTIFICATION
In exercise of the powers conferred by the proviso to article 309
of the Constitution of India and of all other powers hereunto enabling,
the Governor of Andhra Pradesh hereby makes the following Adhocrule,
namely :-
Contd..p..2..
CWP No. 11467 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CWP No. 11467 of 2010
Date of Decision: September 06, 2010
Disabled Persons Association ......Petitioner
Versus
State of Punjab
Coram: Hon'ble Mr. Justice Mukul Mudgal, Chief Justice
Hon'ble Mr. Justice Ajay Tewari
****
Present: Mr. Gurminder Singh, Advocate for the petitioner.
Ms.Madhu Dayal, Addl. AG, Punjab .
****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Mukul Mudgal, CJ.
By this petition, which has been filed as a PIL, the petitioner has prayed for issuance of directions to the respondent-State to grant reservation to the extent of 3% to physically handicapped persons and appointment to public posts by way of direct recruitment as also promotion to categories and groups as per the provisions of The Persons with Disabilities(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
CWP No. 11467 of 2010 2
It may be mentioned here that in CWP No. 5809 of 2010 decided on 24.05.2010 a Division Bench of this Court had allowed a similar petition in respect of promotion to Group 'C' and 'D' posts. It was also not disputed that 3 % reservation is already being given and direct recruitment in Groups 'A', 'B', 'C', and 'D' services as per letter dated 2.5.97(Annexure P-1). Thus the only dispute which remains is with regard to promotion to Group 'A' and 'B' posts.
In yet another case bearing CWP No. 12741 of 2009 decided on 18. 3.2010, Viklang Sangh Haryana v. State of Haryana and others, in relation to the State of Haryana this Court held as follows:-
“In view of the above position of law laid down by the Hon'ble Supreme Court, the Court must adopt a liberal interpretation which advances the achievement of the object of the Act. The interpretation which is sought to be suggested by the State for denying reservation of 3% in the promotional avenues would obviously defeat the object of the Act.”
In the written statement filed by the respondent-State of Punjab these facts have not been disputed. It is, however, pleaded that Government of India has not provided reservation by way of promotion in Group 'A' and 'B' services. In this context in the case of Viklang Sangh Haryana (supra) this Court had found as follows:-
“Even the Government of India, through the Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training,New Delhi
“ (i) Reservation for SC candidates in departmental promotion quota is 15%
(ii)There is no reservation for OBC candidates in departmental promotion quota
(iii)Reservation for physically Handicapped quota is 3%
(iv) x x x x x x x x x x x x x x x x x x x x x x x x x x”
In this view of the matter the assertion of the State of Punjab
In the circumstances this writ petition is allowed and a direction is issued to the respondent-State of Punjab to keep 3% posts reserved for promotion for the disabled in Group 'A' and 'B' posts also and to issue necessary promotion orders not later than six months from today.
(MUKUL MUDGAL)
CHIEF JUSTICE
(AJAY TEWARI)
JUDGE
September 06, 2010
sunita
Thursday, 12 December 2013
Even the Minister was misguided by the DoPT
As per Section 33 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995, 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) loco motor disability or cerebral palsy, in the posts identified for each disability.
The Supreme Court in its judgment dated 18.10.2013 in the matter of SLP
(7541 of 2009) titled Union of India & Anr. Vs. National Federation
of the Blind & Ors has, inter alia, held that the computation of
reservation for persons with disabilities has to be computed in case of
Group A, B, C and D posts in an identical manner viz., computing 3%
reservation on total number of vacancies in the cadre strength.
The Supreme Court has also directed to modify the O.M. 29.12.2005 issued
by Department of Personnel and Training consistent with its order.
In pursuance with order of the Supreme Court, Department of Personnel
and Training has issued an O.M. dated 3.12.2013 requesting all concerned
to take necessary action for implementing the order. The State
Government/Union Territories have also been appraised by Department of
Personnel and training in this regard.
This information was given by the Minister of State for Social Justice
and Empowerment, Shri P. Balram Naik in a written reply to a question in
Lok Sabha today.
Tuesday, 10 December 2013
guide lines for issue of Disabiity certificate
No.3603 5/1 /2012-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****
North Block, New Delhi
Dated the 29th November, 2013
OFFICE MEMORANDUM
Sub: Reservation for Persons with Disabilities-revised forms for Disability Certificates.
The undersigned is directed to refer to this Department's O.M. No. 36035/3/2004-
Estt.(Res) dated 29.12.2005 circulating consolidated instructions relating to Reservation for the
Persons with Disabilities.
2.
Ministry of Social Justice and Empowerment vide their Notification No. G.S.R. 2 (E)
dated 30.12.2009 has issued rules to amend the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said
Notification dated 30.12.2009 have prescribed various Forms of Disability Certificate.
3. Keeping in view the amended Rules for Disability Certificates issued by the Ministry of
Social Justice and Empowerment vide Notification dated 30.12.2009, paras 9, 10 and 11 of this
Department's O.M. No. 36035/3/2004-Est(Res) dated 29.12.2005 relating to issue of Disability
Certificate stands withdrawn.
4. All the Ministries/Departments are now requested to comply with the instructions
contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social
Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 ,12.2009 (copy enclosed for
ready reference).
5. All the Ministries/Deparunents are also requested to h. cag the above instructions to the
notice of all k pointing authorities under their control.
Encl.• As above
6111-
(G. Srimvasan)
Deputy Secretary to the Govt. of India
Tee: 2309 3074
1. All Ministries/Departments of the Govt. of India.
2. Railway Board
3. Supreme Court of India/Election Corrunission/Lok Sabha Secretariat/RajYa Sabha
Secretariat/Cabinet Secretariat/Central Vigilance Commission/President's Secretariat/
Prime Minister's Office, Planning Commission.
4. Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi.
5. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
6. Office of the Chief Commissioner for Persons with Disabilities, Sarojini House, 6,
Bhagwan Das Road, New Delhi.
7. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
8. All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions
and attached/subordinate officers of this Ministry.
9. In rmation and Facilitation Centre, Department of Personnel and Training, Nor! , Block,
ew Delhi.
0 IC, DoPT, North Block — for uploading the O.M. on the website in OMs & Orders>>
Estt(Reservation)>>Persons with Disabilities.
C %MITI -13111X3(1) ] WO' il0P-11( : 3ffiltMuT 17
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NOTIFICATION
New Delhi, the 30th December, 2009
G.S.R. 2 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of
Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules
to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996, namely :—
1. (1) These rules may be called the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Amendment
Rules, 2009.
(2) They shall come into force from the date of their publication bathe Official
Gazette.
2. In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
tarticipation) Rules, 1996, -
(I) for rule 2 , the following rule shall be substituted, namely:-
"2. Definitions.-
(1) In these rules unless the context otherwise requires,—
(a) "Act" means the Person$ with Disabilities (Equal Opportunities,
Protection of Rights and hill Participation) Ad, 1995 (1 of 1996);
3 GI/10-3
18 THEGAZETTE OF INDIA: EXTRAORDINARY 'PART II-SEC. Mill
(b) "certificate" or "disability certificate" means a certificate
issued in pursuance of clause (t) of section 2 of the Act;
(c) "multiple disabilities" means a combination of two or more
disabilities as defined in clause (i) of section 2 of the Act;
(d) "Form" means a form appended to these rules.
(2) Words and expressions defined in the Act but not defined in
these rules, shall have the meanings respectively assigned to
them in the Act";
(ii) for CHAPTER II, the following Chapter shall be substituted, namely :-
"CHAPTER II
DISABILITY CERTIFICATE
3. Application for issue of disability certificate -
(1) A person with disability desirous of jetting a certificate in his favour shall
submit an application in Form I, ;;nd the application shall be accompanied
by -
(a) proof of residence, and
(b) two recent passport size photographs.
(2) The application shall be submitted to -
(i) a medical authority competent to issue such a certificate in the district
of the applicant's residence as mentioned in the proof of residence
submitted by him with the application, or
(ii) the concerned medical authority in a government hospital where he
may be undergoing or may have undergone treatment in connection
with his disability :
[ WPTII —7311333(i) Wifff Wr n/: cot : affffUlTaT h 19
1
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
4. Issue of disability certificate -
(1) On receipt of an application under rule 3, the medical authority shall, after
satisfying himself that the applicant is a person with disability as defined
in sub-clause (t) of section 2 of the Act, issue a disability certificate in his
favour in Form II, Form III or Form IV as applicable.
(2) The certificate shall be issued as far as possible, within a week from the
date of receipt of the application by the medical authority, but in any
case, not later than one month from such date.
(3) The medical authority shall, after due examination,
give a permanent disability certificate in cases where there are no
chances of variation, over time, in the degree of disability, and
(ii) shall indicate the period of validity in the certificate, in cases where
there is any chance of variation, over time, in the degree of
disability.
(4) If an applicant is found ineligible for issue of disability certificate; the
medical authority shall explain to him the reasons for rejection of his
application, and shall also convey the reasons to him in writing.
(5) A copy of every disability certificate issued under these rules by. a medical
authority other than the Chief Medical Officer shall be simultaneously sent
by such medical authority to the Chief Medical Officer of the District.
et) 20 THEGAZETTEOFINDIA: EXTRAORDINARY [PART II—SEC. 3(i)]
5. Weview of a decision regarding issue of, or refusal to issue, a disability
certificate -
(1) Any applicant for a disability certificate, who is aggrieved by the nature of
a certificate issued to him, or by refusal to issue such a certificate in his
favour, as the case may be, may represent against such a decision to the
medical authority as specified for the purpose by the appropriate
Government:
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
(2) The application for review shall be accompanied by a copy of the
certificate or letter of rejection being appealed against.
(3) On receipt of an applitation for review, the medical authority shall, after
giving the appellant an opportunity of being heard, pass such orders on it
as it may deem appropriate.
(4) An application for review shall, as far as pissible, be disposed of within a
fortnight from the date of its receipt, but in any case, not later than one
month from such date.
6. Certificate issued under rule 4 to be generally valid for all purposes.-
A certificate -issued under. rule 4 shall render a person eligible to apply for
facilities, concessions and benefits admissible under schemes of the Government and of
Non-Governmental Organizations funded by the Government, subject to such conditions
as may be specified in relevant schemes or instructions of Government, etc., as the
case may be." ;
[ %WTI' --43sr-g3(i) vilT1WM-T tR11 14 : 311:1111T1vT iA 21
(iii) for rule 43, the following rules shall be substituted, namely:-
'43. Qualification for appointment of Chief CoMmissioner -
In order to be eligible for the appointment as Chief Commissioner, a person must
satisfy the following conditions, namely:-
(i) he should have special knowledge or practical experience in respect of matters
relating to rehabilitation of persons with disabilities;
(ii) he should not have attained the age of sixty years on the 1 st January of the year'in
which the last date for receipt of applications, as specified in the advertisement
issued under sub-rule(1) of rule 43 A, falls;
(iii) if he is in service under the Central Government or a State Government, he shall
seek retirement from such service before his appointment to the post; and
(iv) he must possess the following educational qualification and experience, namely
(A) Educational qualifications.-
(I) Essential: Graduate from a recognised university.
(ii) Desirable: Recognised degree/diPlorna in Social VVork/ Law/
Management/ Human Rights/ Rehabilitation/ Education of Disabled
Persons.
(B) Experience.-
Should have at least twenty-five years experience in one or more of the ft:lib:ming types
of organizations at specified levels:-
(a) In a Group 'A' level post in Central/State Government /Public 'Sector
Undertaking/Semi Government or Autonomous Bodies dealing with
disability related matters and/or social sector (health/education/poverty
alleviation/ women and child development); or
(b) A senior level functionary in a registered national or international level
voluntary organisation working in the field of disability/social
development; or
22 THEGAZETTEOFINDIA:EXIRAORDINARY /WART 11—Sec. 3 (I)]
(c) Senior Executive position in a leading private sector organisation, involved
in social work and in charge of handling social development activities of
the organization:
Provided that out of the total twenty-five years experience
mentioned above, at least three years of experience in the recent past
should have been in the field of empowerment of persons with disabilities.
43A. Mode of appointment of the Chief Commissioner -
(1) About six months before the post of Chief Commigsioner is due to fall
vacant, an advertisement shall be published in at least two national level
dailies each in English and Hindi inviting applications for the post from
eligible candidates fulfilling the criteria mentioned in rule 43.
(2) A Search-cum-Selection Committee shall be constituted to recommend a
panel of three suitable candidates for the post of the Chief Commissioner.
(3) Composition of the Committee will be governed by relevant instructions
issued by the Department of Personnel and Training from time to time.
(4) The panel recommended by the Committee may consist of persons from
rMongst those who have applied in response to the• advertisement
mentioned in sub-rule (1) above, as well as other 'eligible persons Whom
the Committee may consider suitable.
(5) The Central Guvernment shall appoint one of the candidates
recommended by the Search-cum-Selection Committee as the Chief
Commissioner.
43B. Term of the Chief Commissioner -
(1) The Chief Commissioner shall be appointed on full-time basis for a period
of three years from the date on which he assumes office, or till he attains
the age of sixty-five years, whichever is earlier.
j 711-171-43
Wrd 'MT p4'T : aTRIETRIT
23
(2) A person may serve as Chief Commissioner for a maximum of two terms,
subject to the upper age limit of sixty-five years.
43C. Salary and allowances of the Chief Comihissioner -
(1)
The salary and allowances of the C 1e1f Commissioner shall be the salary
and allowances as admissible to a Se retary to the Government of India.
(2)
Where a Chief Commissioner, being a retired Government Servant or a
retired employee of any institution or autonomous body funded by the
Government, is in receipt of pension in respect of such previous service,
the salary admissible to him under these rules shall be reduced by the
amount of the pension, and if he hi3d received in lieu of a portion of the
pension, the commuted value thereof, by the amount of such commuted
portion of the pension.
43D. Other terms and conditions of service of the Chief Commissioner -
(1) Leave
The Cruet Commissioner shall be entitled to such leave as is admissible to
Government servants under the Central Civil Service (Leave) Rules, 1972.
(2) Leave Travel Concession -
The Chief Commissioner shall be entitled to such Le we Travel Concession
as is admissible to Group 'A' officers under Central Civil Service (LTC)
Rules, 1988.
(3) Medical Benefits -
The Chief Commissioner shall be entitled to such medical benefits as is
admissible to Group 'A' officers under the Central Government Health
Scheme (CGHS).
24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—Sec. 3(01
43E. Resignation and removal —
(1) The Chief Commissioner may, by notice in writing, under his hand,
addressed to the Central Government, resign his post.
(2) The Central Government shall remove a person from the office of the
Chief Commissioner, if he -
(a) becomes an undischarged insolvent;
(b) engages during his term of office in any paid employment or activity
outside the duties of his office;
(c) gets convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government involves moral turpitude;
(d) is in the opinion of the Central Government, unfit to continue in office by
reason of infirmity of mind or body or serious default in the performance
of his functions as laid down in the Act;
(e) without obtaining leave of absence from the Central Government, remains
absent from duty fora consecutive period of 15 days or more; or
(f) has, in the opinion of the Central Government, so abused the position of
the Chief Commissioner as to render his continuance in office detrimental
to thl_t interest of persons with disability:
Provided that no person shall be removed under this rule except
after following the procedure, mutatis mutandis, prescribed for removal of
a Group 'A' employee of the Central Government.
(3) The Central Government may suspend a Chief Commissioner, in respect of
whom proceedings for removal have been commenced in accordance with
sub-rule (2), pending conclusion of such proceedings.
43F. Residuary provision -
Conditions of service of a Chief Commissioner in respect of which no express provision
has been made in these rules shall be determined by the rules and orders for the time
being applicable to a Secretary to the Government of India.";
(iv) after rule 45 and before FORM DPER-I, the following Forms shall be inserted,
namely:-
[ 1347711-131173"3(i) ] %TRW :war : BTATIMIR 25
APPLICATION FOR OBTAINING DISABILITY CERTIFICATE BY PERSONS
WITH DISABILITIES
(See rule i3)
(Surname) (First name) (Middle name)
2. Father's name Mothersname
3. Date of Birth:
(date)) (month) (year)
4. Age at the time of application: years
5. Sex: Male/Female
6. Address :
(a) Permanent address
(c) Period since when residing at current
address
Educational Status (Pl. tick as applicable)
(I) Post Graduate
(II) Graduate
(III) Diploma
(IV) Higher Secondary
(V) High School
(VI) Middle
(VII) Primary
(VIII) Illiterate
8. Occupation
9. Identification marks ( )
10. Nature of disability: locomOtor/hearing/visual/mental/others
11. Period since when disabled: From Birth/Since year
3 GI/1 0--4
1. Name
(b) Current Address (i.e. for communication)
(ii)
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 301
12. (i) Did you ever apply for issue of a disability certificate in the past---- YES/NO
(ii) If yes, details:
(a) Authority to whom and district in which applied
(b) Result of application
13. Have you ever been issued a disability certificate in the past? If yes, please
enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my
knowledge and belief, and no material information has been concealed or misstated. I
further, state that if any inaccuracy is detected in the application, I shall be liable to
forfeiture of any benefits derived and other action as per. Jaw.
•
(Signature or left thumb impression of
person with disability, or of his/her legal
guardian in case of persons with mental
retardation, autism, cerebral palsy and
multiple disabilities)
Date:
Place:
End:
1. Proof of residence (Please tick as applicable)
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the
applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any
gazetted officer, or the concerned Patwari or Head master of a Govt. school,
(i) in case of an inmate of a residential institution for persons with disabilities, destitute,
mentally ill, etc., a certificate of residence from the head of such institution.
2. Two recent passport size photographs
(For office use only)
Date: Signature of issuing authority
Place: Stamp
[ VITTII -7W(13 3(i)] 147-6 W17 : 31111V7Tu1 27
Form-H
Disability Certificate
(In cases of amputation or complete permanent paralysis of limbs
and in cases of blindness)
(See rule 4)
(NAME AND ADDRESS OF THE MEDICAL. AUTHORITY ISSUING THE
CERTIFICATE)
•
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No. Date:
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/wife/drughter of Shri
Date of Birth Age years, male/female
(DD / MM / VY)
Registration No permanent resident of House
No Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that
(A) he/she is a case of:
• locomotor disability
• blindness
(Please tick as applicable)
(B) the diagnosis in his/her case is
Nature of Document Date of Issue Details of authority issuing
certificate .
28 THEGAZE I LOF INDIA: EXTRAORDINARY [PART II-SEC. 3W1
(A) He/ She has 0/0(in figure) percent
(in words) permanent physical impairment/blindness in relation to his/her
(part of body) as per guidelines (to be specified).
1 The applicant has submitted the following document as proof of residence:-
(Signature and Seal of Authorised Signatory of
notified Medical Authority)
Signature/Thumb
impression of the
person in whose
favour disability
certificate is
issued
r WITH -13fv3. 3(i) WiRM1 : 3RTIUTWE 29
Form-III
Disability Certifioate
(In case of multiple diSabilities)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE
(See rule 4)
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No.
Date:
This is to certify that we have carefully examined
Shri/Smt./Kum.
/son/wife/
daughter of Shri
Date of Birth Age years, male/female
(DD) (MM) (YY)
Registration No
permanent resident of 'House ,
No Ward/Village/Street
Post Office District State
whose photograph is affixed above, and are satisfied that:
(A) He/she is a Case of Multiple Disability. His/her extent of permanent physical
impairment/disability has been evaluated as per guidelines (to be specified) for the
disabilities ticked below, and shown against the relevant disability in the table below:
30 THEGAZETTEOF INDIA: EXTRAORDINARY !PART II-SEC.
S.
No.
Disability Affected Part
of Body
Diagnosis Permanent physical
impairment/mental
disability (in WO
1 Locomotor disability @
2 Low vision #
3 Blindness Both Eyes
4 Hearing impairment
5 Mental retardation X
6 Mental-illness X
(B) In the light of the above, his /her over all permanent physical impairment as per
guidelines(to be specified), is as follows:-
In figures:- percent
I In words:- percent
2. This condition is progressive/ non-progressive/ likely to improve/ not likely to
improve.
3. Reassessment of disability is :
(i) not necessary,
Or
(ii) is recommended/ after years
certificate shall be valid till
months, and therefore this
(DD) (MM) (YY)
Name and seal of the —
Chairperson
°MTH --tqu.s 3(k) $4119"C' 41 ,441 : BWITAMIR
31
© e.g. Left/Right/both arms/legs
# e.g. Single eye/both eyes
£ e.g. Left/Right/both ears
4.
The applicant has submitted the following document as proof of residence:-
Details of authority issuing
certificate
Signature and seal of the Medical Autho
Nature of Document
Date of Issue
Name and seal of Member Name and seal of Memoer
Signature/ Thumb
impression of the
person in whose
favour disability
certificate is
issued.
32 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEc. 3(1))
Form-IV
Disability Certificate
(In cases other than those mentioned in Forms II and III)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE)
(See rule 4)
Certificate No. Date.
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/
vile/daughter of Shri
Date of Birth Age years, male/female
(DD) (A4M) (YY)
Registration No. permanent resident of House
No. Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that he/she is a case
of disability. His/her extent of percentage physical
impairment/disability has been evaluated as, per guidelines (to be specified) and is
shown against the relevant disability in the table below:-
Recent PP size
Attested
Photograph
(Showing face
only) of the
person with
disability
grrin-int30) WSW Vrtt .1 •414.1 anaranr.-
. of Body impairment/ mental
DisabHity Affect:se Part Diagnosis Permanent physic&
disability (in %)
Locomotor disability @
,
Ni [I
- Low vision 4
N-1 '
Blindness i Both Eyes
Hearing impairment I £
Mental retardation I 7:
I
I 6 Mental-illness X
(DInzen ctriLet ru el- +In., .4,.....1-.Ins.-- ..A.._s_ are not .. . app e.
2. The above condition is progressive/ non-progressive/ likely to improve/ not likely
to improve.
3. Reassessment of disability is :
(i) not necessary,
(ii) is recommended/ after years months, and therefore this
certificate shall be valid till
(DD) (MM) (VY)
e.g. Left/Right/both arms/legs
e.g. Single eye/both eyes
e.g. Left/Right/both ears
The applicant has submitted the following document as proof of residence:-
EDP !MU : c
Nature of Document Date of issue Detaiis of authority iSi;Lillie
• certifirat.,
(Authorised Sianatorj of notified Medical Authority')
(Name and Sea?)
Countersigned
{Countersignature and seal of the
CMO/Medical Superintendent/Head of
Government Hospital, in case the
certificate is issued by a medical
authority who is not a government
servant (with seal)}
Signature/Thumb
impression of the
person, in whose 1,
favour disability
certificate is issued
Note: In case this certificate is issued by a medical authority who is not a government
servant, it shall be valid only if countersigned by the Chief Medical Officer of the
District."
Note: The principal rules were published in the Gazette of India vide notification
number S.O. 908(E), dated the 31st December, 1996.
triTit4:
ailbn of Rejection of Application for rtificate
(See rule 4)
Dated
(Name and address of applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madam,
Please refer to your application dated for issue of a Disability Certificate for
the following disability:
2. Pursuant to the above application, you , have been examined by the undersigned/
Medical Board on , and I regret to inform that, fa the reasons mentioned
below, it is not possible to issue a disability certificate in your favour
(i)
(ii)
(iii)
3. In case you are aggrieved by the rejection of your application, you may
represent to , requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
o,
ligsCrALETTE Oki INDIL: RAORDENARY
Intimation of Resector of Application for Disability Certificate:::
(See rule 4)
No. Dated
To,
(Name and address applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madan-i,
Please refer to your application dated
the following disability:
for issue of a Disability Certificate for
2. Pursuant to the above application, you have been examined by the undersigned/
Medical Board on , and I regret to inform that, for the reasons mentioned
below, it is not possible to issue a disability certificate in your favour:
3. In case you are • aggrieved by the rejection of your 'application, you may
represent to requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
[F. No. 16-02/2007-DD. III]
Dr. ARBIND PRASAD, Jt. Secy.
Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the. Controller of Publications, Delhi-110054.
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
****
North Block, New Delhi
Dated the 29th November, 2013
OFFICE MEMORANDUM
Sub: Reservation for Persons with Disabilities-revised forms for Disability Certificates.
The undersigned is directed to refer to this Department's O.M. No. 36035/3/2004-
Estt.(Res) dated 29.12.2005 circulating consolidated instructions relating to Reservation for the
Persons with Disabilities.
2.
Ministry of Social Justice and Empowerment vide their Notification No. G.S.R. 2 (E)
dated 30.12.2009 has issued rules to amend the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said
Notification dated 30.12.2009 have prescribed various Forms of Disability Certificate.
3. Keeping in view the amended Rules for Disability Certificates issued by the Ministry of
Social Justice and Empowerment vide Notification dated 30.12.2009, paras 9, 10 and 11 of this
Department's O.M. No. 36035/3/2004-Est(Res) dated 29.12.2005 relating to issue of Disability
Certificate stands withdrawn.
4. All the Ministries/Departments are now requested to comply with the instructions
contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social
Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 ,12.2009 (copy enclosed for
ready reference).
5. All the Ministries/Deparunents are also requested to h. cag the above instructions to the
notice of all k pointing authorities under their control.
Encl.• As above
6111-
(G. Srimvasan)
Deputy Secretary to the Govt. of India
Tee: 2309 3074
1. All Ministries/Departments of the Govt. of India.
2. Railway Board
3. Supreme Court of India/Election Corrunission/Lok Sabha Secretariat/RajYa Sabha
Secretariat/Cabinet Secretariat/Central Vigilance Commission/President's Secretariat/
Prime Minister's Office, Planning Commission.
4. Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi.
5. Staff Selection Commission, CGO Complex, Lodhi Road, New Delhi.
6. Office of the Chief Commissioner for Persons with Disabilities, Sarojini House, 6,
Bhagwan Das Road, New Delhi.
7. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg,
New Delhi.
8. All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions
and attached/subordinate officers of this Ministry.
9. In rmation and Facilitation Centre, Department of Personnel and Training, Nor! , Block,
ew Delhi.
0 IC, DoPT, North Block — for uploading the O.M. on the website in OMs & Orders>>
Estt(Reservation)>>Persons with Disabilities.
C %MITI -13111X3(1) ] WO' il0P-11( : 3ffiltMuT 17
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NOTIFICATION
New Delhi, the 30th December, 2009
G.S.R. 2 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of
Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules
to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996, namely :—
1. (1) These rules may be called the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Amendment
Rules, 2009.
(2) They shall come into force from the date of their publication bathe Official
Gazette.
2. In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
tarticipation) Rules, 1996, -
(I) for rule 2 , the following rule shall be substituted, namely:-
"2. Definitions.-
(1) In these rules unless the context otherwise requires,—
(a) "Act" means the Person$ with Disabilities (Equal Opportunities,
Protection of Rights and hill Participation) Ad, 1995 (1 of 1996);
3 GI/10-3
18 THEGAZETTE OF INDIA: EXTRAORDINARY 'PART II-SEC. Mill
(b) "certificate" or "disability certificate" means a certificate
issued in pursuance of clause (t) of section 2 of the Act;
(c) "multiple disabilities" means a combination of two or more
disabilities as defined in clause (i) of section 2 of the Act;
(d) "Form" means a form appended to these rules.
(2) Words and expressions defined in the Act but not defined in
these rules, shall have the meanings respectively assigned to
them in the Act";
(ii) for CHAPTER II, the following Chapter shall be substituted, namely :-
"CHAPTER II
DISABILITY CERTIFICATE
3. Application for issue of disability certificate -
(1) A person with disability desirous of jetting a certificate in his favour shall
submit an application in Form I, ;;nd the application shall be accompanied
by -
(a) proof of residence, and
(b) two recent passport size photographs.
(2) The application shall be submitted to -
(i) a medical authority competent to issue such a certificate in the district
of the applicant's residence as mentioned in the proof of residence
submitted by him with the application, or
(ii) the concerned medical authority in a government hospital where he
may be undergoing or may have undergone treatment in connection
with his disability :
[ WPTII —7311333(i) Wifff Wr n/: cot : affffUlTaT h 19
1
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
4. Issue of disability certificate -
(1) On receipt of an application under rule 3, the medical authority shall, after
satisfying himself that the applicant is a person with disability as defined
in sub-clause (t) of section 2 of the Act, issue a disability certificate in his
favour in Form II, Form III or Form IV as applicable.
(2) The certificate shall be issued as far as possible, within a week from the
date of receipt of the application by the medical authority, but in any
case, not later than one month from such date.
(3) The medical authority shall, after due examination,
give a permanent disability certificate in cases where there are no
chances of variation, over time, in the degree of disability, and
(ii) shall indicate the period of validity in the certificate, in cases where
there is any chance of variation, over time, in the degree of
disability.
(4) If an applicant is found ineligible for issue of disability certificate; the
medical authority shall explain to him the reasons for rejection of his
application, and shall also convey the reasons to him in writing.
(5) A copy of every disability certificate issued under these rules by. a medical
authority other than the Chief Medical Officer shall be simultaneously sent
by such medical authority to the Chief Medical Officer of the District.
et) 20 THEGAZETTEOFINDIA: EXTRAORDINARY [PART II—SEC. 3(i)]
5. Weview of a decision regarding issue of, or refusal to issue, a disability
certificate -
(1) Any applicant for a disability certificate, who is aggrieved by the nature of
a certificate issued to him, or by refusal to issue such a certificate in his
favour, as the case may be, may represent against such a decision to the
medical authority as specified for the purpose by the appropriate
Government:
Provided that where a person with disability is a minor or suffering
from mental retardation or any other disability which renders him unfit or
unable to make such an application himself, the application on his behalf
may be made by his legal guardian.
(2) The application for review shall be accompanied by a copy of the
certificate or letter of rejection being appealed against.
(3) On receipt of an applitation for review, the medical authority shall, after
giving the appellant an opportunity of being heard, pass such orders on it
as it may deem appropriate.
(4) An application for review shall, as far as pissible, be disposed of within a
fortnight from the date of its receipt, but in any case, not later than one
month from such date.
6. Certificate issued under rule 4 to be generally valid for all purposes.-
A certificate -issued under. rule 4 shall render a person eligible to apply for
facilities, concessions and benefits admissible under schemes of the Government and of
Non-Governmental Organizations funded by the Government, subject to such conditions
as may be specified in relevant schemes or instructions of Government, etc., as the
case may be." ;
[ %WTI' --43sr-g3(i) vilT1WM-T tR11 14 : 311:1111T1vT iA 21
(iii) for rule 43, the following rules shall be substituted, namely:-
'43. Qualification for appointment of Chief CoMmissioner -
In order to be eligible for the appointment as Chief Commissioner, a person must
satisfy the following conditions, namely:-
(i) he should have special knowledge or practical experience in respect of matters
relating to rehabilitation of persons with disabilities;
(ii) he should not have attained the age of sixty years on the 1 st January of the year'in
which the last date for receipt of applications, as specified in the advertisement
issued under sub-rule(1) of rule 43 A, falls;
(iii) if he is in service under the Central Government or a State Government, he shall
seek retirement from such service before his appointment to the post; and
(iv) he must possess the following educational qualification and experience, namely
(A) Educational qualifications.-
(I) Essential: Graduate from a recognised university.
(ii) Desirable: Recognised degree/diPlorna in Social VVork/ Law/
Management/ Human Rights/ Rehabilitation/ Education of Disabled
Persons.
(B) Experience.-
Should have at least twenty-five years experience in one or more of the ft:lib:ming types
of organizations at specified levels:-
(a) In a Group 'A' level post in Central/State Government /Public 'Sector
Undertaking/Semi Government or Autonomous Bodies dealing with
disability related matters and/or social sector (health/education/poverty
alleviation/ women and child development); or
(b) A senior level functionary in a registered national or international level
voluntary organisation working in the field of disability/social
development; or
22 THEGAZETTEOFINDIA:EXIRAORDINARY /WART 11—Sec. 3 (I)]
(c) Senior Executive position in a leading private sector organisation, involved
in social work and in charge of handling social development activities of
the organization:
Provided that out of the total twenty-five years experience
mentioned above, at least three years of experience in the recent past
should have been in the field of empowerment of persons with disabilities.
43A. Mode of appointment of the Chief Commissioner -
(1) About six months before the post of Chief Commigsioner is due to fall
vacant, an advertisement shall be published in at least two national level
dailies each in English and Hindi inviting applications for the post from
eligible candidates fulfilling the criteria mentioned in rule 43.
(2) A Search-cum-Selection Committee shall be constituted to recommend a
panel of three suitable candidates for the post of the Chief Commissioner.
(3) Composition of the Committee will be governed by relevant instructions
issued by the Department of Personnel and Training from time to time.
(4) The panel recommended by the Committee may consist of persons from
rMongst those who have applied in response to the• advertisement
mentioned in sub-rule (1) above, as well as other 'eligible persons Whom
the Committee may consider suitable.
(5) The Central Guvernment shall appoint one of the candidates
recommended by the Search-cum-Selection Committee as the Chief
Commissioner.
43B. Term of the Chief Commissioner -
(1) The Chief Commissioner shall be appointed on full-time basis for a period
of three years from the date on which he assumes office, or till he attains
the age of sixty-five years, whichever is earlier.
j 711-171-43
Wrd 'MT p4'T : aTRIETRIT
23
(2) A person may serve as Chief Commissioner for a maximum of two terms,
subject to the upper age limit of sixty-five years.
43C. Salary and allowances of the Chief Comihissioner -
(1)
The salary and allowances of the C 1e1f Commissioner shall be the salary
and allowances as admissible to a Se retary to the Government of India.
(2)
Where a Chief Commissioner, being a retired Government Servant or a
retired employee of any institution or autonomous body funded by the
Government, is in receipt of pension in respect of such previous service,
the salary admissible to him under these rules shall be reduced by the
amount of the pension, and if he hi3d received in lieu of a portion of the
pension, the commuted value thereof, by the amount of such commuted
portion of the pension.
43D. Other terms and conditions of service of the Chief Commissioner -
(1) Leave
The Cruet Commissioner shall be entitled to such leave as is admissible to
Government servants under the Central Civil Service (Leave) Rules, 1972.
(2) Leave Travel Concession -
The Chief Commissioner shall be entitled to such Le we Travel Concession
as is admissible to Group 'A' officers under Central Civil Service (LTC)
Rules, 1988.
(3) Medical Benefits -
The Chief Commissioner shall be entitled to such medical benefits as is
admissible to Group 'A' officers under the Central Government Health
Scheme (CGHS).
24 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—Sec. 3(01
43E. Resignation and removal —
(1) The Chief Commissioner may, by notice in writing, under his hand,
addressed to the Central Government, resign his post.
(2) The Central Government shall remove a person from the office of the
Chief Commissioner, if he -
(a) becomes an undischarged insolvent;
(b) engages during his term of office in any paid employment or activity
outside the duties of his office;
(c) gets convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government involves moral turpitude;
(d) is in the opinion of the Central Government, unfit to continue in office by
reason of infirmity of mind or body or serious default in the performance
of his functions as laid down in the Act;
(e) without obtaining leave of absence from the Central Government, remains
absent from duty fora consecutive period of 15 days or more; or
(f) has, in the opinion of the Central Government, so abused the position of
the Chief Commissioner as to render his continuance in office detrimental
to thl_t interest of persons with disability:
Provided that no person shall be removed under this rule except
after following the procedure, mutatis mutandis, prescribed for removal of
a Group 'A' employee of the Central Government.
(3) The Central Government may suspend a Chief Commissioner, in respect of
whom proceedings for removal have been commenced in accordance with
sub-rule (2), pending conclusion of such proceedings.
43F. Residuary provision -
Conditions of service of a Chief Commissioner in respect of which no express provision
has been made in these rules shall be determined by the rules and orders for the time
being applicable to a Secretary to the Government of India.";
(iv) after rule 45 and before FORM DPER-I, the following Forms shall be inserted,
namely:-
[ 1347711-131173"3(i) ] %TRW :war : BTATIMIR 25
APPLICATION FOR OBTAINING DISABILITY CERTIFICATE BY PERSONS
WITH DISABILITIES
(See rule i3)
(Surname) (First name) (Middle name)
2. Father's name Mothersname
3. Date of Birth:
(date)) (month) (year)
4. Age at the time of application: years
5. Sex: Male/Female
6. Address :
(a) Permanent address
(c) Period since when residing at current
address
Educational Status (Pl. tick as applicable)
(I) Post Graduate
(II) Graduate
(III) Diploma
(IV) Higher Secondary
(V) High School
(VI) Middle
(VII) Primary
(VIII) Illiterate
8. Occupation
9. Identification marks ( )
10. Nature of disability: locomOtor/hearing/visual/mental/others
11. Period since when disabled: From Birth/Since year
3 GI/1 0--4
1. Name
(b) Current Address (i.e. for communication)
(ii)
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 301
12. (i) Did you ever apply for issue of a disability certificate in the past---- YES/NO
(ii) If yes, details:
(a) Authority to whom and district in which applied
(b) Result of application
13. Have you ever been issued a disability certificate in the past? If yes, please
enclose a true copy.
Declaration: I hereby declare that all particulars stated above are true to the best of my
knowledge and belief, and no material information has been concealed or misstated. I
further, state that if any inaccuracy is detected in the application, I shall be liable to
forfeiture of any benefits derived and other action as per. Jaw.
•
(Signature or left thumb impression of
person with disability, or of his/her legal
guardian in case of persons with mental
retardation, autism, cerebral palsy and
multiple disabilities)
Date:
Place:
End:
1. Proof of residence (Please tick as applicable)
(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the
applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any
gazetted officer, or the concerned Patwari or Head master of a Govt. school,
(i) in case of an inmate of a residential institution for persons with disabilities, destitute,
mentally ill, etc., a certificate of residence from the head of such institution.
2. Two recent passport size photographs
(For office use only)
Date: Signature of issuing authority
Place: Stamp
[ VITTII -7W(13 3(i)] 147-6 W17 : 31111V7Tu1 27
Form-H
Disability Certificate
(In cases of amputation or complete permanent paralysis of limbs
and in cases of blindness)
(See rule 4)
(NAME AND ADDRESS OF THE MEDICAL. AUTHORITY ISSUING THE
CERTIFICATE)
•
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No. Date:
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/wife/drughter of Shri
Date of Birth Age years, male/female
(DD / MM / VY)
Registration No permanent resident of House
No Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that
(A) he/she is a case of:
• locomotor disability
• blindness
(Please tick as applicable)
(B) the diagnosis in his/her case is
Nature of Document Date of Issue Details of authority issuing
certificate .
28 THEGAZE I LOF INDIA: EXTRAORDINARY [PART II-SEC. 3W1
(A) He/ She has 0/0(in figure) percent
(in words) permanent physical impairment/blindness in relation to his/her
(part of body) as per guidelines (to be specified).
1 The applicant has submitted the following document as proof of residence:-
(Signature and Seal of Authorised Signatory of
notified Medical Authority)
Signature/Thumb
impression of the
person in whose
favour disability
certificate is
issued
r WITH -13fv3. 3(i) WiRM1 : 3RTIUTWE 29
Form-III
Disability Certifioate
(In case of multiple diSabilities)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE
(See rule 4)
Recent PP size
Attested
Photograph
(Showing face
only) of the person
with disability
Certificate No.
Date:
This is to certify that we have carefully examined
Shri/Smt./Kum.
/son/wife/
daughter of Shri
Date of Birth Age years, male/female
(DD) (MM) (YY)
Registration No
permanent resident of 'House ,
No Ward/Village/Street
Post Office District State
whose photograph is affixed above, and are satisfied that:
(A) He/she is a Case of Multiple Disability. His/her extent of permanent physical
impairment/disability has been evaluated as per guidelines (to be specified) for the
disabilities ticked below, and shown against the relevant disability in the table below:
30 THEGAZETTEOF INDIA: EXTRAORDINARY !PART II-SEC.
S.
No.
Disability Affected Part
of Body
Diagnosis Permanent physical
impairment/mental
disability (in WO
1 Locomotor disability @
2 Low vision #
3 Blindness Both Eyes
4 Hearing impairment
5 Mental retardation X
6 Mental-illness X
(B) In the light of the above, his /her over all permanent physical impairment as per
guidelines(to be specified), is as follows:-
In figures:- percent
I In words:- percent
2. This condition is progressive/ non-progressive/ likely to improve/ not likely to
improve.
3. Reassessment of disability is :
(i) not necessary,
Or
(ii) is recommended/ after years
certificate shall be valid till
months, and therefore this
(DD) (MM) (YY)
Name and seal of the —
Chairperson
°MTH --tqu.s 3(k) $4119"C' 41 ,441 : BWITAMIR
31
© e.g. Left/Right/both arms/legs
# e.g. Single eye/both eyes
£ e.g. Left/Right/both ears
4.
The applicant has submitted the following document as proof of residence:-
Details of authority issuing
certificate
Signature and seal of the Medical Autho
Nature of Document
Date of Issue
Name and seal of Member Name and seal of Memoer
Signature/ Thumb
impression of the
person in whose
favour disability
certificate is
issued.
32 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEc. 3(1))
Form-IV
Disability Certificate
(In cases other than those mentioned in Forms II and III)
(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE
CERTIFICATE)
(See rule 4)
Certificate No. Date.
This is to certify that I have carefully examined
Shri/Smt./Kum.
son/
vile/daughter of Shri
Date of Birth Age years, male/female
(DD) (A4M) (YY)
Registration No. permanent resident of House
No. Ward/Village/ Street Post
Office District State
whose photograph is affixed above, and am satisfied that he/she is a case
of disability. His/her extent of percentage physical
impairment/disability has been evaluated as, per guidelines (to be specified) and is
shown against the relevant disability in the table below:-
Recent PP size
Attested
Photograph
(Showing face
only) of the
person with
disability
grrin-int30) WSW Vrtt .1 •414.1 anaranr.-
. of Body impairment/ mental
DisabHity Affect:se Part Diagnosis Permanent physic&
disability (in %)
Locomotor disability @
,
Ni [I
- Low vision 4
N-1 '
Blindness i Both Eyes
Hearing impairment I £
Mental retardation I 7:
I
I 6 Mental-illness X
(DInzen ctriLet ru el- +In., .4,.....1-.Ins.-- ..A.._s_ are not .. . app e.
2. The above condition is progressive/ non-progressive/ likely to improve/ not likely
to improve.
3. Reassessment of disability is :
(i) not necessary,
(ii) is recommended/ after years months, and therefore this
certificate shall be valid till
(DD) (MM) (VY)
e.g. Left/Right/both arms/legs
e.g. Single eye/both eyes
e.g. Left/Right/both ears
The applicant has submitted the following document as proof of residence:-
EDP !MU : c
Nature of Document Date of issue Detaiis of authority iSi;Lillie
• certifirat.,
(Authorised Sianatorj of notified Medical Authority')
(Name and Sea?)
Countersigned
{Countersignature and seal of the
CMO/Medical Superintendent/Head of
Government Hospital, in case the
certificate is issued by a medical
authority who is not a government
servant (with seal)}
Signature/Thumb
impression of the
person, in whose 1,
favour disability
certificate is issued
Note: In case this certificate is issued by a medical authority who is not a government
servant, it shall be valid only if countersigned by the Chief Medical Officer of the
District."
Note: The principal rules were published in the Gazette of India vide notification
number S.O. 908(E), dated the 31st December, 1996.
triTit4:
ailbn of Rejection of Application for rtificate
(See rule 4)
Dated
(Name and address of applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madam,
Please refer to your application dated for issue of a Disability Certificate for
the following disability:
2. Pursuant to the above application, you , have been examined by the undersigned/
Medical Board on , and I regret to inform that, fa the reasons mentioned
below, it is not possible to issue a disability certificate in your favour
(i)
(ii)
(iii)
3. In case you are aggrieved by the rejection of your application, you may
represent to , requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
o,
ligsCrALETTE Oki INDIL: RAORDENARY
Intimation of Resector of Application for Disability Certificate:::
(See rule 4)
No. Dated
To,
(Name and address applicant
for Disability Certificate)
Sub.: Rejection of Application for Disability Certificate
Sir / Madan-i,
Please refer to your application dated
the following disability:
for issue of a Disability Certificate for
2. Pursuant to the above application, you have been examined by the undersigned/
Medical Board on , and I regret to inform that, for the reasons mentioned
below, it is not possible to issue a disability certificate in your favour:
3. In case you are • aggrieved by the rejection of your 'application, you may
represent to requesting for review of this
decision.
Yours faithfully,
(Authorised Signatory of the notified Medical Authority)
(Name and Seal)
[F. No. 16-02/2007-DD. III]
Dr. ARBIND PRASAD, Jt. Secy.
Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the. Controller of Publications, Delhi-110054.
Sunday, 8 December 2013
Latest OM of Central Government in terms of the Honble SC judgement. This OM also inconsistant with PwD Act. ie There is no mention of promotions - only direct recruitments.
IMMEDIATE/COURT
MATTER
No. 36012/24/2009-Estt(Res)
Government of India
Ministry of
Personnel, Public Grievances and Pensions
Department of
Personnel and Training
North Block, New
Delhi.
Dated the 3rd December 2013
OFFICE
MEMORANDUM
Subject: Reservation for persons
with disabilities- Computation of reservation- implementation of
the judgement of Hon'ble Supreme
Court in the matter of Union of India & Anr. Vs.
National Federation of Blind
& Ors.
The undersigned is directed to
refer to this Departments OM No.36035/3/2004-Estt.(Res) dated 29.12.2005, ready
reference, a copy of which is enclosed for through which this Department
had issued consolidated instructions regarding reservation for persons with
disabilities. The instructions were in consonance with the provisions of the
Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995.
2. Para 13 of the Office
Memorandum of 29.12.2005 provides that reservation for persons with disabilities in case of direct recruitment as
well as promotion for Group C and Group D posts shall be computed on the basis
of total number of vacancies occurring in Group C and Group D posts as the case
may be in the
establishment although the recruitment of the
persons with disabilities would only be in the posts identified suitable for
them. Para 14 of the said O.M. provides that ReservatiOn. for pemons_with
disabilities-in Group 'A' posts shall be comp:1W on the basis of vacancies
occurring in direct recruitment quota in all the identified Group 'A' posts in
the establishment. The same method of computation applies for Group 'B' posts.
3. The Hon'ble Supreme Court in
its judgement dated 8.10.2013 in
the matter of Civil
Appeal No.9096 of 2013 (arising out of SLP (Civil) No.7541 of 2009) titled
Union of India & Anr. Vs. National Federation of Blind & Ors. has,
inter-alia, held :
"Thus, after thoughtful consideration, we are
of the view that the computation of reservation for persons with disabilities
has to be computed in case of Group A, B, C and D posts in an identical manner
viz., "computing 3% reservation on total number of vacancies in the cadre strength"
which is the intention of the legislature."
4. The Hon'ble Supreme Court has,
inter alia, directed that the following action be taken in order to ensure
proper implementation of the reservation policy for the disabled and to protect
their rights:-
(i) to issue an appropriate order modifying the O.M.
dated 29.12.2005 and the subsequent O.Ms consistent with this Court's Order
within three months from the date of passing of the judgment.
(ii) the "appropriate Government" to available
in all the "establishments" and persons within a period of three
months without default.
(iii) the DoPT shall issue instructions to all the
departments/public sector undertakings/Government companies declaring that the
non observance of the scheme of reservation for persons with disabilities
should be considered as an act of non-obedience and Nodal Officer in
department/public sector undertakings/Government companies, responsible for the
proper strict implementation of reservation for person with disabilities, be
departmentally
proceeded against for the default.
5. Keeping in view the directions
of the Hon'ble Supreme Court, Para 14 of the OM dated 29.12.2005 is modified to
the following extent:
"Reservation for persons with disabilities in
Group 'A' or Group 'B' posts shall be computed on the basis of total number of
vacancies occurring in direct recruitment quota in all the Group A posts or Group
'B' posts respectively, in the cadre."
6. Other provisions of the OM
viz. quantum of reservation, horizontality of reservation, effecting
reservation and maintenance of rosters etc. would remain the same.
7. All the
Ministries/Departments/Organisations of the Government of India are requested
to compute the number of vacancies available in all the cadres under their control
including attached offices, subordinate offices, public sector undertakings, Government
companies, cantonment Board etc. in the aforesaid manner and further
identify the posts for disabled persons within a
period of three months from the date of the judgement of the Hon'ble Supreme
Court (i.e. 8.10.2013) and implement the same without default.
8. This is for strict compliance
in accordance with the directions of the Hon'ble Supreme Court in respect of
all the Ministries/Departments including their Public Sector
Undertakings/Government companies, Cantonment Boards etc. Nonobservance of the provisions
of reservation for persons with disabilities shall be considered as an act of
disobedience and the Nodal Officer concerned in Department/Public Sector
Undertaking/Government company, responsible for the compute the number of
vacancies further identify the posts for disabled from today and implement the
same proper
strict implementation of reservation for person with disabilities, be
departmentally proceeded against
for the default.
(G.
Srinivasan)
Deputy
Secretary to the Government of India
Tel.No.23093074
To
(i) The Secretary, All the
Ministries/Departments of the Government of India
(ii) The Secretary, Department of
Financial Services (Banking and Insurance Division), New Delhi
(iii) The Secretary, Department
of Public Enterprises, New Delhi
(iv) The Secretary, Railway
Board, Rail Bhavan, New Delhi.
(v) Union Public Service
Commission, Supreme Court of India, Election Commission of India, Lok Sabha
Secretariat, Rajya Sabha Secretariat, Cabinet Secretariat, Prime Ministers
Office, Planning Commission.
(vi) The Secretary, Staff
Selection Commission, CGO Complex, Lodhi Road, New Delhi.
(vii) Office of the Chief
Commissioner of Disabilities, Sarojini House, 6 Bhagwan Das Road, New Delhi-110001;
(viii) Office of the Comptroller
& Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
(ix) All officers and Sections in
the Ministry of Personnel, Public Grievances and Pensions and all the
attached/subordinate offices of this Ministry.
(x) Itifdrmation and Facilitation
Centre, North Block, New Delhi — 25 copies.
Copy to Chief Secretaries of all
States/Union Territories – for information
Copy to Director (NIC),
DOP&T- with a request to place this on the website of this Ministry for
information of all concerned.
Reservation for Persons with Disabilities-revised forms for Disability Certificates
No.36035/1 /2012-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 29th November, 2013
Dated the 29th November, 2013
OFFICE MEMORANDUM
The undersigned is directed to refer to this Department's O.M. No.
36035/3/2004- Estt.(Res) dated 29.12.2005 circulating consolidated
instructions relating to Reservation for the Persons with Disabilities.
2. Ministry of Social Justice and Empowerment vide their Notification
No. G.S.R. 2 (E) dated 30.12.2009 has issued rules to amend the Persons
with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said
Notification dated 30.12.2009 have prescribed various Forms of
Disability Certificate.
3. Keeping in view the amended Rules for Disability Certificates issued
by the Ministry of Social Justice and Empowerment vide Notification
dated 30.12.2009, paras 9, 10 and 11 of this Department's O.M. No.
36035/3/2004-Estt.(Res) dated 29.12.2005 relating to issue of Disability
Certificate stands withdrawn.
4. All the Ministries/Departments are now requested to comply with the instructions contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 .12.2009 (copy enclosed for ready reference).
5. All the Ministries/Departments are also
requested to being the above instructions to the notice of all pointing
authorities under their control. 4. All the Ministries/Departments are now requested to comply with the instructions contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 .12.2009 (copy enclosed for ready reference).
Sd/-
(G. Srinivasan)
Deputy Secretary to the Govt. of India
(G. Srinivasan)
Deputy Secretary to the Govt. of India
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