Cabinet Approves Amendment to Rights of Persons with Disabilities Bill 2014

Press Information Bureau 

Government of India

Ministry of Social Justice & Empowerment

07-February-2014 20:46 IST

Cabinet Approves Amendment to Rights of Persons with Disabilities Bill 2014

The Cabinet on 6 February, 2014 approved the proposal of the Department of Disability Affairs to incorporate amendments in the proposed Rights of the Persons with Disabilities Bill, 2014, which are:-

- Definition of person with disability in terms of interaction with barriers also;

- High support needs person enabled to take independent and inform decision also;

- Definition of low vision will be notified by the Government;

- The appropriate Government to take necessary steps to ensure reasonable accommodation for persons with disabilities;

- No person with disability will be discriminated on grounds of disability;

- Appropriate Governments to ensure that the persons with disabilities enjoy legal capacity on an equal basis with others, in all aspects of life to have equal rights as any other person before law;

- Recognizing legal capacity of person with disability, limited guardianship would be the norm, to enable the person with disability to take joint decision with legal guardian;

- Person with disability would also have the right to appeal against the decision of appointment of legal guardian;

- Disability Certificate to be valid across the country;

- Educational institutions funded and recognized will have to provide inclusive education for children with disability;

- The appropriate Governments to constitute to expert committee with representation of persons with disabilities for identification of posts for Government employment for persons with disabilities;

- Review period shortened from 5 years to 3 years in case of identified posts;

- 5 per cent vacancies reserved for persons with disabilities will be computed against the total number of vacancies in the cadre strength;

- National Commission and State Commission will have power to exempt any post in an establishment from the purview of reservation for persons with disabilities;

- For greater coverage and employability in Government sector, the appropriate Governments to prescribe relaxation for upper age limit for employment of PwDs;

- National Commission shall formulate and enforce regulations.

Education – A Necessary Tool for National Progress and Social Change, says President Pranab Mukherjee.

.   The President has said there should not be any confrontation between the environment considerations and development requirements. Inaugurating the National Day Education celebration and Jawaharlal Nehru National Science, Mathematics and Environment Exhibition (JNNSMEE) 2013, at Gangtok, Sikkim today, the President Shri Pranab Mukherjee said that it is high time that we redefine the concept of development in a wider prospective and try to find innovative ways on scientific knowledge and mathematical understanding to tackle them.

   Paying rich tribute to the first Education Minister of the country, Maulana Abul Kalam Azad, the President described him as a great visionary, freedom fighter, scholar and eminent educationist. He said it was Maulana Azad who had woven the fabric of a secular, liberal, modern and universal education system. Calling for promotion of innovation, he said it will be the determining factor of growth in the future. In a world marked by resource constraints growth will increasingly depend on technology upgradation. It is the innovation in Science and Technology which can lead to development of new products and processes which could act as a catalyst for growth. Describing education as a necessary tool for national progress, human empowerment and social change the President said the changes made in the education system including Right to education, implementation of Sarva Shiksha Abiyaan, Rashtriya Madhyamik Shiksha Abiyaan (RMSA) to strengthen the seconadry school system in the country and now launching of the Rashtriya Uttachar Shiksha Abiyaan (RUSA) will have far reaching positive implications.

Amendment to SC and ST (POA) Act.

   Amendment to SC and ST (POA) Act

   The Act is implemented by respective State Governments and Union Territory Administrations. With a view to ensure its effective implementation, following steps are taken by the Ministry:-

   (i) Central assistance is provided to States/Union Territories, inter-alia, for:-

   (a) strengthening the enforcement and judicial machinery,

   (b) relief and rehabilitation of the affected persons, and

   (c) awareness generation.

   (ii) Central Government has, by notification dated 23.12.2011, amended rules under the PoA Act and effected an increase -generally of 150% - in the minimum scale of relief for victims of various types of atrocities.

   (iii) A Committee constituted, in 2006, under the Chairpersonship of the Union Minister for Social Justice and Empowerment, has so far held twenty meetings wherein implementation of the Act in 24 States and 4 Union Territories has been reviewed. Important points emerging from the review are followed up with State Governments. (iv) Offences under the PoA Act are reviewed, inter-alia, in the Conference of Ministers/Secretaries in charge of Social Justice /Welfare, organized by the Ministry every year.

    (v) The more heinous crimes reported in the media are followed up with the State Governments for effective action.

   (vi) Dr. Ambedkar Foundation, an autonomous organization under this Ministry, also implements a Scheme to provide relief to SC victims of heinous crimes.

   (vii) Awareness generation about the provisions of the Act.

   The Ministry had invited considered views of concerned Ministries, State Government/Union Territory Administrations and concerned agencies regarding amendments in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989. A Committee under the Chairpersonship of Additional Secretary in the Ministry with members from concerned Central Ministries/State Governments had been constituted in August, 2012, for further considering the matter. The Committee held three meetings, and submitted its report after third meeting on 15.03.2013. Besides it, Union Minister for Social Justice & Empowerment held consultation meetings with concerned Ministers of State Governments, and eminent persons on 20.02.2013 and 14.03.2013, respectively. The Government has, thus, commenced the process to consider amendments in the PoA Act.

CAT urged to improve its Efficiency Propasals to Amend CAT Act under Cosideration says Narayansamy.

   Union Minister of State for Personnel, Public Grievances and Pensions Shri V Narayansamy said that there is an urgent need to strengthen Central Administrative Tribunal( CAT) and make it more effective. Speaking as Special Guest at the daylong All India Conference of the members of Central Administrative Tribunal here today he said to streamline the functioning of Administrative Tribunals, a proposal to amend Administrative Tribunal Act 1985 is under active consideration of the Government. The Minister said one of the main amendments proposed is to authorize Chairman of the Administrative Tribunals to delegate his powers regarding Transfer petitions. The Bill was referred to the Department related Parliament Standing Committee and the Committee has submitted its report on the proposed amendments. He also informed the conference that another proposal to bring about uniformity of tenure, service conditions etc. of the members of all judicial tribunals is under consideration of the Government. “To evolve a consensus on these issues, an Inter Ministerial Group has been set up” the Minister added.

   Commending the achievements of the CAT Shri Narayansamy said “ There is still room for improvement in its efficiency. It is observed that by the end of January,2013, 805 cases were pending for more than five years. We should definitely look into this aspect and try to minimize such pendency. I would, therefore, request the Chairman and members of the tribunal to accelerate the pace of disposal of cases.”

   The conference was presided by Union Minister of Law and Justice Dr. Ashwani Kumar. He said that CAT has come a long way since its inception and now the need of the hour is to handle so many cases lying pending with more efficiency. Chief Justice of India, Mr. Justice Altamas Kabir as Chief Guest assured that more Government employees would be in a position to get speedy justice for their grievances. Mr. Justice Syed Rafat Alam, Chairman CAT, assured that CAT would now try its level best to reduce the disposal time of the case from two years to one calendar year or lesser time.

   The main purpose of the Conference was to deliberate on certain issues concerning the Tribunal and to improve the working conditions of the institution and also to chalk out various measures to be adopted to arrest the pendency of cases. The Central Administrative Tribunal came into existence in November 1985 and is entrusted with the task of adjudicating complaints and other service matters pertaining to the Central Government employees as well as employees of PSUs and organizations so notified under Section 14 (2) of the Act by the Government.

   The day long conference is being attended by all the 65 members from the 17 regular Benches and the Principal Bench of CAT.

Employment to Disabled Persons.

   As per Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995, every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent 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) Bearing impairment;

   (iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:

   Further, with a view to encourage employment of Persons with Disabilities in private sector, the Government provides the employer’s contribution for Employees Provident Fund (EPF) and Employees State Insurance (ESI) for 3 years, for employees with disabilities including visually impaired persons employed in the private sector on or after 01.04.2008, with a monthly salary upto Rs.25, 000 under its Scheme of Incentives to the Private Sector for Employment of Physically Challenged Persons.

   Government has issued uniform and comprehensive guidelines for conducting examination for the persons with disabilities for regular and competitive examinations.

   Government has issued instructions that such persons having disability certificate should be provided reservation in all groups of identified posts in the matter of direct recruitment, and in Group ‘C’ and ‘D’ posts identified in the matter of promotion.

   This information was given by the Minister of State for Social Justice and Empowerment, Shri D. Napoleon in a written reply to a question in Rajya Sabha today.

Vacant Posts of Scientists in DRDO.

Vacant Posts of Scientists in DRDO

   As on 31st December 2012, a total of 217 posts of scientists were vacant in Defence Research and Development Organisation (DRDO).

   Regular recruitments through Direct Advertisement, Campus Recruitments from IITs, IISc& NITs, Registration of Students with Scholastic Aptitude (ROSSA) Scheme, Non Resident Indians (NRIs) Scheme and Lateral Entry, etc. are carried out as per the requirements to fill the existing vacancies created during the year.

   At present, there is no proposal for launching special recruitment drive.

   This information was given by Defence Minister Shri AK Antony in a written reply to Shri Thaawar Chand Gehlotin Rajya Sabha today.