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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

State: Central

Year: 1995

.....in the Forty-sixth Year of the Republic of India as follows :- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (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 date3 (a) [a] 7-2-1996-See Gax. of Ind.. 7-9-1996. Pt. II, S. 3(i), Ext., p. 1 (No. 84). as the Central Government may, by notification, appoint. SECTION 2 : Definitions In this Act, unless the context otherwise requires.- (a) "appropriate Government" means,- (i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government: (ii) in relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government: (iii) in respect of the Central Co-ordination Committee and the Central Executive Committee, the Central Government: (iv) in respect of the State.....

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

State: Kerala

Year: 1995

.....OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 No.1 OF 1996 [1stJanuary,1996] 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-----2002 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 to Proclamation aforesaid. BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:--- CHAPTER 1 PRELIMINARY 1. Short title. Extent and commencement.- (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. .....

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 18

Title: Functions of the State Co-ordinationcommittee

State: Central

Year: 1995

.....Government and other Governmental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities; (b) develop a State policy to address issues faced by persons with disabilities; (c) advise the State Government on the formulation of policies, programmes, legislation and projects with respect to disability; (d) review, in consultation with the donor agencies, their funding policies from the perspective of their impact on persons with disabilities; (e) take such other steps to ensure barrier-free environment in public places, work places, public utilities, schools and other institutions; (f) monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities; (g) to perform such other functions as may be prescribed by the State Government.

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."

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 2

Title: The Central Co-ordination Commitee

State: Central

Year: 1995

..... (1) Save as otherwise provided by or under this Act a Member of Central Co-ordination Committee nominated under clause (i) or clause (1) of sub-section (2) of section 3 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated. (3) The Central Government may if it thinks fit remove any Member nominated under clause (i) or clause (1) of sub-section (2) of the section 3, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (4) A Member nominated under clause (i) or clause (1) of sub-section (2) of section 3 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant. (5) A casual vacancy in the Central Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the.....

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Section 8

Title: Functions of the Central Co-ordination Committee

State: Central

Year: 1995

.....programmes, legislation and projects with respect to disability; (d) take up the cause of persons with disabilities with the concerned authorities and the international organisations with a view to provide for schemes and projects for the disabled in the national plans and other programmes and policies evolved by the international agencies; (e) review in consultation with the donor agencies their funding policies from the perspective of their impact on persons with disabilities; (f) take such other steps to ensure barrier-free environment in public places, work- places, public utilities, schools and other institutions; (g) monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities; (h) to perform such other functions as may be prescribed by the Central Government.

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Chapter 3

Title: The State Co-ordination Committee

State: Central

Year: 1995

..... (1) Save as otherwise provided by or under this Act, a Member of a State Co-ordination Committee nominated under clause (f) or clause (h) of sub-section (2) of section 13 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated. (3) The State Government may, if thinks fit, remove any Member nominated under clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same. (4) A Member nominated under clause (f) or clause (h) of sub-section (2) of section 13 may, at any time, resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant. (5) A casual vacancy in the State Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy.....