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Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Preamble 1

Title: Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

State: Central

Year: 1995

THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 [Act, No. 1 of 1996] [1st January, 1996] PREAMBLE An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region. whereas the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-2000 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December, 1992, adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region; AND whereas India is a signatory to the said Proclamation; AND whereas it is considered necessary to implement the Proclamation aforesaid. be it enacted by Parliament in the Forty-sixth year of the Republic of India as follows:--

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act

Title: Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

State: Central

Year: 1995

..... Section65 - Annual reports to be prepared by the Commissioners Chapter 13 Section66 - Appropriate Governments and local authorities to undertake rehabilitation Section67 - Insurance scheme for employees with disabilities Section68 - Unemployment allowance Chapter 14 Section69 - Punishment for fraudulently availing any benefit meant for persons with disabilities Section70 - Chief Commissioners, Commissioners, officers and other staff to be public servants Section71 - Protection of action taken in good faith Section72 - Act to be in addition to and not in derogation of any other law Section73 - Power of appropriate Government to make rules Section74 - Amendment of Act 39 of 1987

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act

State: Central

Year: 1995

..... (c) setting up of special recreation centres; (d) establishment of special schools; (e) establishment of research centres; (f) establishment of factories by entrepreneurs with disabilities. CHAPTER 8 : NON-DISCRIMINATION SECTION 44 : Non-discrimination in transport Establishments n the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to- (a) adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons; (b) adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently. SECTION 45 : Non-discrimination on the road The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for- (a) installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap; (b) causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users; (c) engraving on the surface of the zebra crossing for the blind or for.....

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act

State: Kerala

Year: 1995

.....setting up of special recreation centres; (d) establishment of special schools; (e) establishment of research centres; (f) establishment of factories by entrepreneurs with disabilities. CHAPTER VIII NON-DISCRIMINATION 44. Non-discrimination in transport.- Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to- (a) adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons; (b) adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently. 45. Non-discrimination on the road.- The appropriate Governments and the local authorities shall, within the limits of their economy capacity and development, provide for- (a) installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap; (b) causing curb cuts and slopes to be made in pavements for the easy access of wheel chairs users; (c) engraving on the surface of the zebra crossing for the blind or for.....

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 1

Title: Preliminary

State: Central

Year: 1995

.....subtending an angle of 20 degree or worse; (c) "Central Co-ordination Committee" means the Central Co-ordination Committee constituted under sub-section (1) of section 3; (d) "Central Executive Committee" means the Central Executive Committee constituted under sub-section (1) of section 9; (e) "cerebral palsy" means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development; (f) "Chief Commissioner" means the Chief Commissioner appointed under sub-section (1) of section 57 (g) "Commissioner" means the Commissioner appointed under sub-section (1) of section 60; (h) "competent authority" means the authority appointed under section 50; (i) "disability" means-- (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing impairment; (v) locomotor disability; (vi) mental retardation; (viii) mental illness; (j) "employer" means,-- (i) in relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and.....

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 1

Title: Short Title, Extent Andcommencement

State: Central

Year: 1995

(1) This Act may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date1as the Central Government may, by notification, appoint. ______ __________________ 1. Came into force on 7-2-1996, vide S.O. 107 (E), dated 7th February, 1996.

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 5

Title: Education

State: Central

Year: 1995

.....appropriate orientation; (d) imparting education through open schools or open universities; (e) conducting class and discussions through interactive electronic or other media; (f) providing every child with disability free of cost special books and equipments needed for his education. Section 28 - Research for designing and developing new assistive devices, teaching aids, etc. The appropriate Governments shall initiate or cause to be initiated research by official and non-Governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education. Section 29 - Appropriate Governments to set up teachers' training institutions to develop trained manpower for schools for children with disabilities The appropriate Governments shall set up adequate number of teachers' training institutions and assist the national institutes and other voluntary organisations to develop teachers' training programmes specialising in disabilities so that requisite trained manpower is available for special schools and integrated.....

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 28

Title: Research for Designing and Developing New Assistive Devices, Teaching Aids,etc.

State: Central

Year: 1995

The appropriate Governments shall initiate or cause to be initiated research by official and non-Governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 14

Title: Miscellaneous

State: Central

Year: 1995

.....of this Act, or the rules made thereunder shall be in addition to, and not in derogation of any other law for the time being in force or any rules, order or any instructions issued thereunder, enacted or issued for the benefits of persons with disabilities. Section 73 - Power of appropriate Government to make rules (1) The appropriate Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which a State Government or a Union territory shall be chosen under clause (k) of sub-section (2) of section 3; (b) allowances which members shall receive under sub-section (7) of section 4; (c) rules of procedure which the Central Co-ordination Committee shall observe in regard to the transaction of business in its meeting under section 7; (d) such other functions which the Central Co-ordination Committee may perform under clause (h) of sub-section (2) of section 8; (e) the manner in which a State Government or a Union territory shall be chosen under clause (h) of.....

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 74

Title: Amendment of Act 39 of 1987

State: Central

Year: 1995

In section 12 of the Legal Services Authorities Act, 1987, for clause (d), the following clause shall be substituted, namely:-- "(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995."