In our country so many acts passed by The Central and Stated Government.Here we will know about most important disability acts which are enacted by the Indian parliament, such as RCI 1992, PwDs Act 1995 and National trust Act 1999. which are very important to all professionals.
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Acts in the field of disability
1. Md. Shadab Alam
Faculty, Department of Special Education, at
Himalayan University Itanagar, Arunachal
Pradesh (India)
2. The persons with disabilities (equal opportunities,
protection of rights and full participation ) act,1995.
The national trust for welfare of persons with autism,
cerebral palsy, mental retardation and multiple
disabilities act 1999.
Rehabilitation council of India act 1992.
3. India is governed by the political system of
’’democracy’’ whose main objective is to provide
equal opportunities for all the citizens, irrespective
of their being abled or disabled, through which
they can make their lives healthy, wealthy, and
peaceful. In today’s scenario several acts have been
passed to provide them liberty, equality and
impartiality for their lives.
4. An Act is legislation made by Parliament. Often, Acts
have regulation-making powers allowing regulations
to be made under them.
5.
6. 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.
7. Meeting of the Economic and Social Commission for
Asia and Pacific held in Beijing on 1st to 5th December
1992 adopted the proclamation of full participation
and equality of people with disabilities.
India is a signatory to the proclamation.
The bill was passed in parliament in 1995 in winter
session, received the consent of the president on
January 1,1996 as “The Persons With Disabilities
(Equal Opportunities, Protection Of Rights And Full
Participation) Act, 1995” and came into enforcement
on February 7,1996.
8. This act consists of 14 chapters, which are as follows:
CHAPTER 1: Preliminary
CHAPTER 2: The Central Coordination Committee
CHAPTER 3: The State Coordination Committee
CHAPTER 4: Prevention And Early Detection Of Disabilities
CHAPTER 5: Education
CHAPTER 6: Employment
CHAPTER 7: Affirmative Action
CHAPTER 8: Non - Discrimination
CHAPTER 9: Research and Development
CHAPTER 10: Recognition Of Institutions For Persons With Disabilities
CHAPTER 11: Institutions For Persons With Severe Disabilities
CHAPTER 12: The Chief Commissioner And Commissioners For Persons With
Disabilities
CHAPTER 13: Social Security
CHAPTER 14: Miscellaneous
9. Providing equal opportunities to persons with
disabilities and to tell them that they can also help to
develop their communities and country .
To ensure full participation of persons with disability
in the nation building.
A significant endeavor to empower persons with
disabilities to protect their rights and promote their
equality and participation by eliminating
discriminations of all kinds.
10. It emphasizes the need to prepare a comprehensive
education scheme that will make various provisions for
transport facilities, removal of architectural barriers,
supply of books, uniforms and other materials, the grant of
scholarships, suitable modification in the examination
system, restructuring of curriculum, redressal of
grievances.
This act includes education, vocational training and
employment programmes for developing human resources,
reservation, barrier free environment, unemployment
allowances, special insurance schemes and policies for
persons with disabilities and the establishment of houses
for the persons with severe disabilities.
11. The provision of the act also ranges from prevention, early
detection, preferential treatment and protection from
negative treatment.
To counteract any situation of abuse and exploitaion of
persons with disabilities
To lay down a framework for comprehensive development
of strategies, programmes and services for and equalization
of opportunities for persons with disabilities
To make special provisions for integration of persons with
disabilities with the mainstream
To provide for their social security.
12. CHAPTER 1, titled Preliminary, includes and also define 7 main
types of disability which are covered within this act.
Thus, Disability means:
Blindness
Low vision
Leprosy cured
Hearing impairment
Locomotor disability
Mental retardation
Mental illness
Person with disability means a person suffering from not less
than 40% of any disability as certified by a medical authority.
13. Definitions:-
Blindness refers to a condition where a person suffers from:
Total absence of sight
Visual acuity not exceeding 6/60 or 20/200 (snellen) in the
better eye with correcting lenses; or
Limitation of the field of vision subtending an angle of 20
degree or worse
A Person with low vision means a person with impairment
of visual functioning even after treatment of standard
refractive correction but who uses of is potentially capable
of using vision for the planning or execution of a task with
appropriate assistive device.
14. Cerebral Palsy means a group of non progressive
conditions of a person characterized by abnormal
motor control posture resulting from brain insult
or injuries occurring in pre natal, peri-natal or
infant period of development.
Hearing impairment means loss of sixty decibels
or more in the better ear in the conversational
range of frequencies
15. Leprosy cured person means any person who has been
cured of leprosy but is suffering from:
Loss of sensation in hands or feet as well as loss of
sensation and paresis in the eye and eye lid with no
manifest deformity
Manifest deformity and paresis but having sufficient
mobility in their hands and feet to enable them to
engage in normal economic activity
Extreme physical deformity as well as advanced age
which prevents them from undertaking any gainful
occupation, and the expression ‘leprosy cured’ shall be
construed accordingly.
16. Locomotor disability means disability of the
bones, joints or muscles leading to substantial
restriction of the movement of the limbs or any
form of cerebral palsy
Mental illness means any mental disorder other
than mental retardation
Mental retardation means a condition of arrested
or incomplete development of mind of a person
which is specially characterized by sub normality
of intelligence.
17. According to this act various committees have been
designed for the successful implementation of the act.
Chief Disability Commissioner (Central Level)
Central Coordination Committee
Commissioner for The Disability (State Level)
State Level Coordination Committee
Social Welfare Officer / Rehabilitation Officer / Asst. Director
of the Disabled
District Level Coordination Committee
18. According to their available resources, the state
government and local governing bodies are
responsible for taking some preventive measures
control the increasing rate of disability. The above
departments will implement the following services for
the welfare of persons with disabilities.
Research, surveys and investigations shall be
conducted to ascertain the cause of occurrence of
disabilities.
Various measures shall be taken to prevent
disabilities. Staff at the primary health center shall be
trained to assist in this work.
19. All children shall be screened once in a year for identifying
“at risk” cases.
Creating awareness among the people about disability, its
various causes and prevention by various methods.
To provide care for both child and mother at pre-natal,
natal and post natal periods.
Educate the public through the pre-schools, schools,
primary health centres, village level workers and
anganwadi workers
Create awareness amongst the masses through TV, radio
and other mass media on the causes of disabilities and the
preventive measures to be adopted.
20. Ensure that every child with a disability has access to free education in
an appropriate environment till he attains the age of 18 years
Appropriate transportation, removal of architectural barriers,
restructuring of curriculum and modifications in the examination
system for the benefit of children with disability.
Children with disabilities shall have the right to free books,
scholarships, uniform and other learning materials.
Endeavour to promote the integration of students with in normal
schools
Promote setting up of special schools in government and private sector
for those in need of special education in such a manner that children
with disabilities living in any part of the country have access to such
schools
Endeavour to equip special schools for children with disabilities with
vocational training facilities.
For children with disabilities, non – formal education shall be
promoted
21. Create schemes for:
Conducting part time classes in respect of children with
disabilities who having completed education up to class 5
could not continue their studies on a whole time basis
Conducting special part time classes for providing functional
literacy classes for children in the age group 16 and above
Imparting non-formal education by utilizing the available
man power in rural areas after giving them appropriate
education
Imparting education through open schools/ universities
Conducting class and discussions through interactive
electronic or other media
Providing every child disability, free of cost special books and
equipment needed for his education
22. Initiate research by official and non governmental
agencies for the purpose of designing and developing
new assistive devices, teaching aids, special teaching
material and such other items as are necessary to give a
child with disabilities equal opportunities in education
Set up adequate number of teachers’ training
institutions and assist the national institutes and other
voluntary organizations to develop teachers’ training
programmes specializing in disabilities so that
requisite trained manpower is available for special
schools and integrated schools for children with
disabilities.
23. Prepare comprehensive education scheme for providing
Transport facilities to children with disabilities or in the alternative
financial incentives to parents and guardians to enable their
children to attend schools
Removing architectural barriers from schools, colleges or other
institutions imparting vocational and professional training
Supplying books, uniforms and other material to children with
disabilities attending schools
Granting scholarship to students with disabilities
Setting up appropriate provision for the redressal of
grievances of parents regarding placement of children with
disabilities
24. Making suitable modifications in the examination
system to eliminate purely mathematical questions for
of blind students & students with low vision
Restructuring curriculum for students with disabilities
Restructuring curriculum for students with hearing
impairment to facilitate them to take only one language
as part of their curriculum.
For their education new and effective media like TVs,
Radios, computers etc. Should be used.
Teacher training institutions shall be established to
develop requisite manpower in the field of disability
rehabilitation.
25. Identify posts in the establishments which can be
reserved for persons with disability
Review and update the list of posts identified at least
every 3 years
Appoint in every establishment such percentage of
vacancies not less than 3 percent for persons with
disability of which 1 percent each shall be reserved for
persons suffering from:
Blindness or low vision
Hearing impairment
Locomotor disability
26. Government educational institutes and other
educational institutes receiving grant from
government shall receive at least 3% seats for people
with disabilities.
If person faces an inability to perform his duties,
he/she should not be dismissed or demoted from the
post but he/she should be provided another post of
the same salary to which they can easily adjust.
27. Formulate schemes to provide for:
Training and welfare of persons with disabilities
Relaxation of upper limit
Regulate employment
Health and safety measures and create non- handicapping
environment in places where persons with disabilities are employed
Manner in which the cost of operating the schemes is to be defrayed
Constitute authority responsible for the administration of the scheme
Reserve not less than 3% in all poverty alleviation schemes for persons
with disabilities.
Incentives to employers in public and private sectors to ensure that at
least 5% of their work force is composed of persons with disabilities.
28. Make schemes to provide aids and appliances
Give preferential allotment of land at concessional
rates for:
House
Setting up business
Setting up of special recreation centres
Establishment of special schools
Establishment of research centres
Establishment of factories by entrepreneurs with
disabilities
29. Establishments in transport sector shall:
Adapt rail compartments, buses, vessels, aircrafts for
easy access to disabled persons
Adapt toilets in rail compartments, vessels, aircrafts and
waiting rooms to permit wheel chair users to use them
conveniently and make it disabled - friendly
30. Local authorities shall:
Install auditory signals at red lights in public roads for
persons with visual handicap
Cause curb cuts and slopes on pavements for wheel chair
users
Engraving on zebra crossing and edges of railway
platforms for blind persons
Provide warning signals at appropriate places
Devise appropriate symbols of disability
Provide ramps in public buildings
Adapt toilets in public buildings for wheel chair users
Provide braille symbols and auditory signals in lifts
31. Provide ramps in hospitals, PHCs and other medical care and
rehabilitation units
No establishment shall dispense with or reduce in rank, an
employee who acquires a disability during his service
Provided that if the employee, after acquiring the disability is
not suitable for the post he is holding, could be shifted to
some other post in the same pay scale
Provided further that if it is not possible to adjust the
employee against any post he may be kept on supernummary
post till a suitable post is available, or till he attains the age of
superannuation
No promotion shall be denied to a person on grounds of
disability
32. To promote and sponsor research for:
Prevention of disability
Rehabilitation including community based
rehabilitation
Development of assistive devices including their psycho-
social aspects
Job identification
On-site modification of offices and factories
Financial assistance shall be made available to
universities, other institutions for undertaking research
for special education, rehabilitation and man power
development.
Chapter 9 – Research and Manpower Development
33. Chapter 10, 11 and 12 deals with recognition of institutions for
persons with disabilities, the appropriate government may
establish and maintain institutions for persons with severe
disabilities at such places as it thinks fit, appointing chief
commissioner and commissioners for persons with
disabilities for the purposes of this act.
34. Undertake rehabilitation of all persons with disabilities
Financial assistance to non-government organizations
for rehabilitation of persons with disabilities
Consult non governmental organizations while
formulating policy
Frame an insurance or alternate security scheme for the
benefit of employees with disabilities
Provide for unemployment allowance to persons with
disabilities registered with special employment
exchanges for more than a year and who could not be
placed in gainful occupation.
Chapter 13 – Social security
35. In case of any violation of the rights as prescribed in the
act, people with disabilities may put their complaints to
The chief commissioner for persons with disabilities in
the central government
Commissioner for persons with disabilities in the state
governments.
Chapter 14 – Grievance Redressal i.e. complaint
removal
36. It will strengthen the hands of the government to
formulate appropriate programme for education and
employment of people with disabilities including those
with mental retardation. This act is an example that now
we are ready to provide equal opportunities for all person
who have lagged behind n the race of social and economic
life due to some physical and mental disability.
37.
38. An act to provide for the constitution of a body at the
national level for the Welfare of Persons Autism,
Cerebral Palsy, Mental Retardation and Multiple
Disabilities and for matters connected therewith or
incidental thereto.
39. Before the enactment of this act, survival of
persons with such disabilities which require life-
long care at varying degrees despite the best
training and rehabilitation efforts was very difficult
after the death of their parents.
This act is an answer to the question in the mind of
their parents- “what will happen to my child after
me?”
40.
41. This Act sets up a trust to be managed by a board of
trustees. Thus,
The National Trust is a statutory body under the Ministry of
Social Justice and Empowerment, set up under the
NATIONAL TRUST FOR WELFARE OF PERSONS WITH
AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND
MULTIPLE DISABILITIES ACT 1999
This board will be the body that decides matters relating to
the implementation of the act. The other implementing
bodies of this Act would be the local level committee.
These would function at the state or district levels.
42. This act is intended only for the benefit of persons
with autism, cerebral palsy, mental retardation and
multiple disabilities.
The act extends to the whole of India except Jammu
and Kashmir
43. This act consists of total 9 chapters and 36 sections.
CHAPTER 1:- Preliminary
CHAPTER 2:- The national trust for welfare of persons with
autism, cerebral palsy, mental retardation and multiple
disabilities
CHAPTER 3:- Objectives of the trust
CHAPTER 4:- Power and duties of the board
CHAPTER 5:- Procedure for registration
CHAPTER 6:- Local level committees
CHAPTER 7:- Accountability and monitoring
CHAPTER 8:- Finance, accounts and audits
CHAPTER 9:- Miscellaneous
44. Chapter 1, titled preliminary, gives definition of disabilities
mentioned above as
Autism:
Autism means a condition of uneven skill development
primarily affecting the communication and social abilities of
a person, marked by repetitive and ritualistic behavior.
Cerebral Palsy:
Cerebral palsy means a group of non-progressive condition of
a person characterized by abnormal motor control posture
resulting from brain insult or injuries occurring in the pre-
natal, peri-natal or infant period of development.
45. Mental Retardation:
Mental retardation means a condition of arrested or
incomplete development of mind of person, which is
specially characterized by sub-normality of intelligence.
Multiple Disabilities:
Multiple disabilities means a combination of two or
more disabilities as defined in clause (1) of section 2 of
the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995
Other definitions as:
Severe Disability: means disability with 80 % or more of
one or more of multiple disabilities
46. Constitution of board
A CHAIRPERSON
9 MEMBERS - 3 NGOS & parents associations
8 persons from ministries & departments
3 persons from industry
Chief executive officer
3 years term
47. To enable and empower persons with disability to live
as independently and as fully as possible within and as
close to the community to which they belong;
To strengthen facilities to provide support to persons
with disability to live within their own families;
To extend support to registered organization to
provide need based services during the period of crises
in the family of persons with disability;
To deal with problems of persons with disability who
do not have family support;
48. To promote measures for the care and protraction of
persons with disability in the event of death of their parent
or guardian;
To evolve procedure for the appointment of guardians and
trustees for persons with disability requiring such
protection;
To facilitate the realization of equal opportunities,
protection of right and full participation of persons with
disability;
To do any other act which is incidental to the aforesaid
object.
49. POWER & DUTIES OF BOARD
Receive contribution of 100 corers from central Govt.
Receive bequest of movable property from any person
for the benefit of the person with disability in general for
the furtherance of the objectives of the trust in
particular
Any further support from Govt.
Develop approve programme
Preference to women with disability, persons with severe
disability or senior citizen with disability
50. APPROVED PROGRAMME
1. INDEPENDENT LIVING IN COMMUNITY
Conducive Environment
Counseling & Training of Family
Adult Training Centre
Individual & Group Homes
Self Help Groups
Local Committees for Guardianship
51. 2. PROMOTE SPECIAL CENTRE
Respite Care
Foster Family Care
Day Care Services
Residential Homes
Residential Hostels
52. REGISTRATION PROCEDURE
Disability welfare NGO or association
Of PWDs may make an application for registration to
the board
Application in prescribed format
Enquiry as per guidelines
Recognition granted or rejected
53. LOCAL COMMITTEE
1. CONSIST OF:
Govt. representative -
At least district magistrate
Person from regd. Organization
A person with disability
2. TENURE: 3 Years
3. Meeting: Once in 3 Months
4. Function: Appointment of Guardian
54. GUARDIAN
1.Application to LOCAL AUTHORITY by:
Parent or relative of a PWD
Registered Organization
2. LOCAL AUTHORITY to consider:
Whether person needs a GUARDIAN
Purpose for which guardianship required
3. Application forwarded to BOARD
4. Guardian to furnish inventory and accounts
5. REMOVAL of Guardian:
Abusing or neglecting the person
Misappropriating or neglecting property
55. Who Can Apply For Guardianship?
The National Trust has a provision that the appointment of
a legal guardian should be done for those cases who are
above 18 years of age and falls into the categories of those
disabilities dealt with the trust.
Either the mother or the father can jointly apply for
guardianship for their 18 year old child reared of in case of
one of them due to death or divorce.
If both the parents are absent or dead and the child does
not have a guardian, a relative can seek guardianship.
56. The National Trust Act has provision for 2 kinds of
guardianship. They are:
Guardian for the person
Guardian for the person and property.
57. Chapter 7 deals with accountability and monitoring;
and chapter8 deals with finance, account and audit
section.
58. GOVERNMENT CONTROL
BOARD Bound by DIRECTIONS of Govt.
Decision of Govt. FINAL
POWER of Govt. to Supersede BOARD
EXEMPTION from tax on INCOME
Protection of action of Members taken in good faith.
Chairperson, Members and Officers of BOARD to be
PUBLIC SERVANTS
59. With the commencement of this act, the worry of the
parents about the survival of their children with
disability has been replaced by comfort adding to
making their life of person with disabilities healthy,
wealthy and peaceful.
60.
61. An Act,
to provide for the constitution of Rehabilitation
Council of India for regulating the training of
rehabilitation professionals
the maintenance of a Central Rehabilitation
Register
And look after the matters connected therewith
or incidental thereto.
62. In 1987 Justice Baharul Islam committee was
appointed to draft the legislation emphasizing the
rights, equal opportunities, and full
participation of disabled persons.
On the recommendation of Behrul Islam
Committee, the Ministry of Social Justice and
Empowerment proposed a comprehensive bill
which was introduced in the parliament in
December 1991 and received the consent of the
president on september 1, 1992.
63. The Rehabilitation Council of India(RCI) was set up
as a registered society in 1986. On September,1992
the RCI Act was enacted by Parliament and it became
a Statutory Body on 22 June 1993. The Act was
amended by Parliament in 2000 to make it more
broad-based. The mandate given to RCI is to regulate
and monitor services given to persons with disability,
to standardise syllabi and to maintain a Central
Rehabilitation Register of all qualified professionals
and personnel working in the field of Rehabilitation
and Special Education. The Act also prescribes
punitive action against unqualified persons
delivering services to persons with disability.
64. RCI Act is solely concerned with manpower
development for the rehabilitation of persons with
disabilities
Due to lack of trained manpower, rehabilitation
services could not be expanded. For this, the
government of India made a decision to organize
rehabilitation councils
Its a major move by the government of India for quality
assurance in the education, training and management
of persons with disabilities.
65. This act consists of three chapters,
CHAPTER 1: Preliminary.
This section gives the definition.
CHAPTER 2: The Rehabilitation Council of India
This section deals with the constitution and
incorporation of Rehabilitation Council of
India.
CHAPTER 3: Functions of the council
This section deals with the functions of the
council in details, recognition of qualifications
granted by the Universities etc., in India for
rehabilitation professionals
66. A statutory body
Established under act of parliament
67. To fulfill all the rehabilitation needs of persons with
disabilities which are as follows:
Physical and Medical Rehabilitation
Educational Rehabilitation
Vocational Rehabilitation and
Social Rehabilitation
68. To regulate training policies and programmes for the
rehabilitation of persons with disabilities
Standardization of training programmes and
curriculum for professionals in the field of disabilities
Setting a minimum standard of curriculum for
education and training of the professionals of different
areas of disabilities
To regulate this standard in all the institutions of
country
69. Registration of institutes where degrees, diplomas and
certificate courses are being run and if they do not
follow instructions, RCI registration may be removed
too
It gives approval to the courses ( degree, diploma,
certificate) run by different universities and
institutions
Maintain a register of trained professionals.
Privileges of persons who are registered with the RCI
70. Regular collection of information related to education
and training of persons with disabilities from different
institutions of India and foreign countries which are
helpful for the rehabilitation of disabled persons
Recognition of qualifications granted by universities,
etc. in India for rehabilitation professionals
Recognition of qualifications granted by Institutions
outside India
Rights of persons possessing qualifications included
in the schedule to be enrolled
71. Power to require information as to courses of study
and examination
Inspectors at examinations
Withdrawal of recognition
Provisional conduct and removal of names from
register
Appeal against order of removal from register
Maintaining register
Information to be furnished by council and
publication thereof
72. Cognizance of offences
Protection of action taken in good faith
Employee of council to be public servants
Power to make rules
Power to make regulations
Laying of rules and regulations before the parliament
73. The RCI maintains a central registration for
professionals trained and eligible to work in the field
of disability.
The registered professionals will be authorized for the
following:
Rehabilitation –related educated and trained persons
will be registered in a RCI register and thy will be able
to give their services all over the country.
Only those persons will be accepted as professionals
who are registered with the RCI.
74. These professionals (RCI-registered) can provide their
services in any governmental or non-governmental
institution.
Wherever an attestation of a rehabilitation
professionals will be needed, they will legally
authorized to do so.
75. The RCI has given the following categories of
registration within which a professional can be
registered, based on his/her professional training, to
provide services to the disabled persons.
1. Audiologist and Speech Therapists
2. Clinical Psychologists
3. Hearing Aid and Ear Mould Technicians
4. Rehabilitation Engineers and Technicians
5. Special Teachers for Education and Training the
handicapped
76. 6. Vocational Counsellors, Employment Officers and
Placement Officers dealing with handicapped
7. Multipurpose Rehabilitation Therapists, Technicians
8. Speech and Hearing Technician
9. Rehabilitation Psychologists
10. Rehabilitation Social Workers
11. Rehabilitation Practitioners in Mental Retardation
12. Orientation and Mobility Specialists
13. Community Based Rehabilitation Professionals
14. Rehabilitation Counsellors/Administrators
15. Prosthetists and Orthotists
16. Rehabilitation Workshop Managers
77. The RCI inspects the organizations and if the
organizations is found capable according to RCI
norms, they are given recognition.
78. It conducts disability related schemes and plans for
support of persons with disabilities.
It also provides grants for conducting training
programmes to the institutes (government/non-
government) recognized by the Rehabilitation Council
of India.
79. This act adds to the betterment of persons with
disabilities by creating space and provisions for
increasing manpower in this field for the purpose of
serving them and making them independent as far as
possible.
80. To sum up, these Acts are examples for our developing
and educating society. By these Acts now we feel that
we are really ready to provide equal opportunities for
all people who have lagged behind in the race of social
and economic life due to some physical and mental
disability.