Chapter I Preliminary

PwD Act 1995

1. (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 date as the Central Government may. by notification, appoint.

2. 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 Co-ordination Committee and the State Executive Committee, the State Government;

(b) "Blindness" refers to a condition where a person suffers from any of the following conditions, namely:-

(i) Total absence of sight. or

(ii) Visual acuity not exceeding 6160 or 201200 (snellen) in the better eye with correcting lenses; or

(iii) Limitation of the field of vision 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 characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;

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(f) "Chief Commissioner" means the Chief Commissioner appointed under subsection (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) Loco motor disability;

(vi) Mental retardation;

(vii) 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

(ii) In relation to an establishment, the chief executive officer of that the establishment;

(k) "Establishment" means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 617 of 'the Companies Act, 1956 and includes Departments of a Government;

(l) "Hearing impairment" means loss of sixty decibels or more in the better year in the conversational range of' frequencies;

(m) "Institution for persons with disabilities" means an institution for the reception. Care, protection, education, training, rehabilitation or any other service of persons with disabilities;

(n) "Leprosy cured person" means any person who has been cured of leprosy but is suffering from-

(i) Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;

(ii) Manifest deformity and paresis; but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;

(iii) Extreme physical deformity as well as advanced age which prevents him from undertaking

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any gainful occupation, and the expression "leprosy cured" shall be construed accordingly;

(o) "Loco motor disability" means disability of the bones, joints muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy,

(p) "Medical authority" means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government;

(q) "Mental illness" means any mental disorder other than mental retardation;

(r) "Mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence;

(s) "Notification" means a notification published in the, Official Gazette;

(t) "Person with disability" means a person suffering from not less than forty per cent. of any disability as certified by a medical authority;

(u) "Person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;

(v) "Prescribed" means prescribed by rules made under this Act;

(w) "Rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;

(x) "Special Employment Exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting-

(i) Persons who seek to engage employees from amongst the persons suffering from disabilities;

(ii) Persons with disability who seek employment;

(iii) Vacancies to which person with disability seeking employment may be appointed;

(y) "State Co-ordination Committee" means the State Co-ordination Committee constituted under sub-section (1) of section 19;

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(z) "State Executive Committee" means the State Executive Committee constituted under sub-section (l) of section 19