Bare ActsThe Amendments proposed in the Persons with Disabilities Act, 1995

Section 2

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In this Act, unless there is anything repugnant in the subject or context,- (a) "Appropriate Government" means,- (i) In relation to an establishment of the Central Government, or an establishment, wholly or substantially owned or financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924, or a union territory without legislature, or the provider of a service which pertains to List I in Schedule VII of the Constitution, the Central Government ; (ii) In all other cases, the State Government or, as the case may be, the Government of a UT with legislature. (iii) In respect of the Central Board, the Central Committee, and the Chief Commissioner, the Central Government; (iv) In respect of a State Board, the State Committee, and the State Commissioner, the State Government; 1 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 2 New Provision 2(aa) “autism” means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour; (to be inserted after 2(a) in Chapter I) 3 2(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 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or (iii) Limitation of the field of vision subtending an angle of 20 degree or worse; 2(b) “blindness” refer 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 3/60 or 10/200 (snellen) in the better eye with best correcting lenses; or (iii) Limitation of field of vision subtending an angle of 10 degree or worse; 4 (c) "Central Co-ordination Committee" means the Central Co-ordination Committee constituted under sub-section (1) of section 3; 2(c) “Central Board” means the Central Advisory Board constituted under sub-section (1) of section 3. (The phrase "Central Co-ordination Committee" shall be replaced with “Central Advisory Board” wherever it appears in sections 3 to 8, 23 and 24 of the Act.) 5 (d) "Central Executive Committee" means the Central Executive Committee constituted under sub-section (1) of section 9; 2(d) “Central Committee” means the Central Coordination and Monitoring Committee constituted under sub-section (1) of section 9. (The phrase "Central Executive Committee" shall be replaced with “Central Coordination and Monitoring Committee” wherever it appears in sections 9 to 12 and 24 of the Act.) 2 S. No. Present Provision Proposed Provision (Changes indicated in bold) 6 New Provision 2(ga). “communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology; (to be inserted after 2(g) in Chapter I) 7 2(i): ‘disability’ means- (i) blindness; (ii) low vision; (iii) leprosy-cured; (iv) hearing-impaired; (v) locomotor disability; (vi) mental retardation; (vii) mental illness; 2(i) : ‘disability’ means- (i) autism; (ii) blindness; (iii) low vision; (iv) leprosy-cured; (v) hearing-impaired; (vi) locomotor disability; (vii) mental retardation; (viii) mental illness; (ix) multiple disability; 8 New Provision 2(ia) “discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation and the term “non-discrimination” shall be interpreted accordingly; (to be inserted after 2(i) in Chapter I) 9 New Provision 2(ib) “District Committee” means a District-level Committee on Disability constituted under sub-section (1) of Section 19B. 3 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 10 New Provision 2 (ka) “Fund” means the National Fund for Persons with Disabilities established under Section 68 B. (to be inserted after 2(k) in Chapter I) 11 2(l) "Hearing impairment" means loss of sixty decibels or more in the better ear in the conversational range of' frequencies; 2(l) "Hearing impairment" means sensorineural hearing loss of forty five decibels (dBHL) or more in the better ear in conversational range of' frequencies and the binaural loss of forty percent, or Word Recognition Score of forty percent or less; 12 New Provision 2(la) “inclusive environment” in relation to education of students with disabilities means a system which supports students with disabilities to study in educational institutions with their peer group without disabilities, on an equitable basis. 13 New Provision 2(lb) “language” includes spoken and sign languages and other forms of non spoken languages; 14 New Provision 2(na) “Local authority” means a panchayat, a municipality and any other local authority established by or under an Act, and includes a "Local authority" as defined in clause (31) of Section 3 of the General Clauses Act, 1987. (to be inserted after 2 (n) in Chapter I) 15 New Provision 2(ra) "multiple disabilities" means a combination of two or more disabilities as listed at S. No. (i) – (viii) in clause (i) of section 2. (to be inserted after 2(r) in Chapter I) 4 S. No. Present Provision Proposed Provision (Changes indicated in bold) Chapter I- Preliminary 16 New Provision 2(ta) “Person with severe disability” means a person with 80% or more of one or more disabilities, as certified by a medical authority, and the phrase “Child with severe disability” shall be construed accordingly, (to be inserted after 2(t) in Chapter I) 17 2(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 executor of a task with appropriate assistive device; 2(u) "person with low vision" means a person with impairment of vision of less than 6/18 to 4/60 with best correction in the better eye or impairment of field of vision in any one of the following categories:- (a) Reduction of field less than 50 degrees (b) Hemianopia with macular involvement (c) Altitudinal defect involving lower fields 18 New Provision 2(va) “poverty alleviation schemes” means schemes and programmes of the Central Government, State Government or a local authority aimed at alleviation of poverty. (to be inserted after 2 (v) in Chapter I) 19 New Provision 2(vb) ‘public building’ means a building, irrespective of ownership, which is used by the public at large. 20 New Provision 2(vc) “reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms; 21 2(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. 2(w): “rehabilitation” refers to a process aimed at enabling persons with disabilities to attain and maintain maximum independence, full physical, sensory, intellectual, psychiatric, social and vocational ability, and full inclusion and participation in all aspects of life. 5 S. No. Present Provision Proposed Provision (Changes indicated in bold) 22 2(y) "State Co-ordination Committee" means the State Co-ordination Committee constituted under sub-section (1) of section 19; 2(y) “State Board” means the State Advisory Board constituted under sub-section (1) of section 13. (The phrase "State Co-ordination Committee" shall be replaced with “State Advisory Board” wherever it appears in sections 13 to 18, 23 and 24 of the Act.) 23 2(z) "State Executive Committee" means the State Executive Committee constituted under sub-section (l) of section 19 2(z) “State Committee” means the State Coordination and Monitoring Committee constituted under sub-section (1) of section 19. (The phrase "State Executive Committee" shall be replaced with “State Coordination and Monitoring Committee” wherever it appears in sections 19 to 22 and 24 of the Act.) 24 New Provision 2(za) “universal design” means the design of products, environments, programmes and services to be usable by all people, including persons with disabilities to the greatest extent possible, without the need for adaptation or specialized design. 6 S. No. Present Provision Proposed Provision (Changes indicated in bold) 25 Chapter II - Central Co-ordination Committee Chapter II - Central Advisory Board 26

Section 2 – The Amendments proposed in the Persons with Disabilities Act, 1995 | DailyLaw.ai