The RIGHTS OF PERSONS WITH DISABILITY

punjab · 2016

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Physical disability
S. 2Section 2 defines key terms used in the RIGHTS OF PERSONS WITH DISABILITY (Punjab) Act, including "appellate authority," "appropriate Government," "barrier," and "discrimination."
S. 3Section ensures equality, non-discrimination, and reasonable accommodation for persons with disabilities in Punjab.
S. 4Section 4 defines disabilities including neurological conditions like multiple sclerosis and Parkinson's, and blood disorders such as haemophilia, thalassemia, and sickle cell disease.
S. 5(1) The persons with disabilities shall have the right to live in the community
S. 6Section mandates protection from torture and requires consent and committee approval for disability research.
S. 7Section 7 mandates the protection of persons with disabilities from abuse, violence, and exploitation, outlining measures for prevention, reporting, and legal remedies.
S. 8Section ensures equal protection and safety for persons with disabilities during emergencies and disasters, with specific measures for disaster management authorities.
S. 9Section 9 ensures children with disabilities are not separated from parents without court order and are placed with relatives or community if parents can't care.
S. 10Section ensures persons with disabilities access reproductive information and consent for medical procedures preventing infertility.
S. 11Section ensures polling stations and electoral materials are accessible and understandable for persons with disabilities.
S. 12Section 12 ensures equal access to justice and legal services for persons with disabilities in Punjab.
S. 13Section 13 ensures equal property rights, financial autonomy, and legal capacity for persons with disabilities in Punjab.
S. 14Section 14 establishes limited guardianship for persons with disabilities who cannot make legally binding decisions, with support from a designated authority or court.
S. 15Section 15 mandates the designation of authorities to raise community awareness and support legal capacity for disabled persons.
S. 16Section mandates inclusive education for children with disabilities in funded institutions, ensuring equal opportunities, accessibility, and support.
S. 17Section mandates government and local authorities to conduct surveys, establish training institutions, and provide resources for inclusive education for children with disabilities.
S. 18Section mandates the government and local authorities to promote equal participation of persons with disabilities in adult and continuing education programs.
S. 19Section 19 mandates the Punjab government to create schemes for vocational training and loans to support employment of persons with disabilities.
S. 20Section 20 prohibits discrimination against persons with disabilities in government employment and mandates reasonable accommodations.
S. 21Section mandates establishments to notify and register equal opportunity policies for persons with disabilities as prescribed by the Central Government.
S. 22Section mandates establishments and employment exchanges to maintain and publicly inspect records of persons with disabilities for employment and facilities.
S. 23Section 23 mandates government establishments to appoint a Grievance Redressal Officer to handle complaints about disability-related non-compliance.
S. 24Section 24 mandates the Punjab government to create schemes ensuring a higher standard of living and support for persons with disabilities, considering diversity and providing various social security benefits.
S. 25Section 25 mandates the government and local authorities to provide free healthcare, barrier-free access, and preventive measures for persons with disabilities.
S. 26The appropriate Government shall, by notification, make insurance schemes for their employees with disabilities
S. 27Section mandates the government and local authorities to provide healthcare, insurance, and rehabilitation services for persons with disabilities and consult NGOs in policy formulation.
S. 28The section mandates the government to fund research and development to improve habilitation and rehabilitation for persons with disabilities.
S. 29Section mandates the promotion and protection of cultural and recreational rights for persons with disabilities in Punjab.
S. 30Section 30 mandates the government and sports authorities to ensure participation, infrastructure, and funding for sports by persons with disabilities.
S. 31Section guarantees free education for children with disabilities in Punjab, ensuring access till age eighteen.
S. 32Section mandates government-aided higher education institutions to reserve 5% seats and provide 5-year age relaxation for persons with disabilities.
S. 33Section mandates the government to identify suitable posts for persons with disabilities and form an expert committee for periodic reviews.
S. 34(1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent
S. 35Section mandates incentives for private sector employers to hire at least five percent persons with benchmark disability.
S. 36The section mandates employers to report vacancies for persons with disabilities to a notified special employment exchange.
S. 37Section 37 mandates Punjab's government and local authorities to create schemes for persons with disabilities, providing 5% reservation in land allotment and development programs.
S. 38Section 38 allows persons with benchmark disability to apply for high support, which is assessed by an Assessment Board and provided by the government.
S. 39Section mandates the government to conduct awareness campaigns to protect and promote the rights of persons with disabilities.
S. 40Section 40 mandates the Central Government to create accessibility rules for persons with disabilities in various public facilities.
S. 41Section mandates the government to provide accessible transport facilities and promote personal mobility for persons with disabilities.
S. 42Section mandates the government to ensure accessible media formats and universal design for electronic goods for persons with disabilities.
S. 43Section mandates the government to promote development and distribution of universally designed products for persons with disabilities.
S. 44Section mandates that buildings must comply with accessibility rules set by the Central Government before construction and completion.
S. 45Section mandates making public buildings accessible for persons with disabilities within five years, with possible extensions.
S. 46Section mandates service providers to comply with accessibility rules for persons with disabilities within two years, with possible extensions.
S. 47Section mandates the development of disability rights training and research in educational institutions and government officials.
S. 48The section mandates social audits of disability schemes to ensure they do not adversely affect persons with disabilities.
S. 49The State Government shall appoint an authority as it deems fit to be a competent authority for the purposes of this Cha
S. 50Section 50 mandates registration for disability institutions, except for those for mentally ill, which need a separate license.
S. 51Section 51 outlines the process for applying, registering, and renewing certificates for institutions serving persons with disabilities in Punjab.
S. 52This section allows the competent authority to revoke a disability institution's registration certificate if it finds breaches or false statements, and directs the transfer or return of inmates.
S. 53Section allows appeals against refusal or revocation of disability registration certificates, with final orders from the appellate authority.
S. 54Section exempts institutions for persons with disabilities run by central or state governments from the provisions of this chapter.
S. 55The section allows the government to provide financial aid to registered institutions for disability services and program implementation.
S. 56The Central Government shall notify guidelines for the purpose of assessing the extent of specified disability in a pers
S. 57Section designates certifying authorities to issue disability certificates and specifies their jurisdiction and terms.
S. 58Section 58 allows persons with specified disabilities to apply for a disability certificate, which is valid nationwide after assessment.
S. 59Section allows aggrieved individuals to appeal a certifying authority's decision to a designated appellate authority.
S. 60Section 60 establishes the Central Advisory Board on Disability to oversee and implement the Act's provisions.
S. 61Section 61 outlines the term, removal, resignation, and allowances for members of the Central Advisory Board for persons with disabilities in Punjab.
S. 62Section 62 outlines disqualifications for membership on the Central Advisory Board under the Punjab Rights of Persons with Disability Act.
S. 63Section 63 states that a member's seat on the Central Advisory Board becomes vacant if they meet any disqualifications listed in section 62.
S. 64The Central Advisory Board must meet every six months and follow prescribed rules for its meetings.
S. 65Section 65 establishes the Central Advisory Board on disability as a national body to advise on policies, develop national disability policies, and ensure rights and participation of persons with disabilities.
S. 66Section 66 mandates the State Government to form a State Advisory Board on disability to oversee disability-related matters and functions.
S. 67Section 67 outlines the term, removal, resignation, and allowances for State Advisory Board members for persons with disabilities in Punjab.
S. 68Section 68 prohibits certain individuals from serving on the State Advisory Board for persons with disabilities in Punjab.
S. 69Section 69 states that a member's seat on the State Advisory Board becomes vacant if they meet any disqualifications listed in section 68.
S. 70The State Advisory Board for persons with disabilities in Punjab must meet every six months and follow prescribed rules.
S. 71Section 71 establishes the State Advisory Board to advise the government, develop policies, and ensure disability rights and accessibility.
S. 72The State Government shall constitute District-level Committee on disability to perform such functions as may be prescri
S. 73Section ensures proceedings of disability advisory boards are valid despite any vacancies or constitutional defects.
S. 74Section 74 authorizes the Central Government to appoint a Chief Commissioner and two assisting Commissioners for disability-related rehabilitation purposes.
S. 75Section 75 mandates the Chief Commissioner to identify, inquire, review, promote, and monitor rights and safeguards for persons with disabilities in Punjab.
S. 76Section mandates authorities to act on Chief Commissioner's recommendations and inform him of actions taken or reasons for non-acceptance within three months.
S. 77Section 77 grants the Chief Commissioner powers equivalent to a civil court to enforce attendance, document discovery, and evidence collection.
S. 78Section mandates the Chief Commissioner to submit annual and special reports to the Central Government, which must be presented to Parliament.
S. 79The section establishes a State Commissioner for Persons with Disabilities and outlines their appointment, qualifications, and support structure.
S. 80Section 80 outlines the duties of the State Commissioner to protect and promote the rights of persons with disabilities in Punjab.
S. 81Section mandates authorities to act on State Commissioner's recommendations for persons with disabilities and report within three months, or explain refusal.
S. 82Section 82 grants the State Commissioner powers equivalent to a civil court for enforcing witness attendance and document production in disability rights cases.
S. 83Section mandates State Commissioner to submit annual and special reports on urgent matters to State Government, which must be presented to State Legislature with action plans.
S. 84The section designates a Special Court in each district for expediting trials of offences under the Act.
S. 85Section 85 appoints a Special Public Prosecutor for Special Courts handling disability-related cases and sets their fees.
S. 86Section establishes a National Fund for persons with disabilities, detailing its sources and management.
S. 87Section mandates the Central Government to maintain and audit accounts of the National Fund for persons with disabilities, with oversight by the Comptroller and Auditor-General of India.
S. 88Section establishes and regulates a State Fund for persons with disabilities, its management, accounting, and audit by the Comptroller and Auditor-General of India.
S. 89Section imposes fines up to ₹10,000 for first offense and ₹50,000-₹500,000 for subsequent violations of the Act.
S. 90Section 90 holds company officers liable for offenses committed by the company, with exceptions for lack of knowledge or due diligence.
S. 91Section penalizes fraudulent attempts to claim benefits intended for persons with benchmark disabilities with up to two years imprisonment or a fine of up to one lakh rupees.
S. 92Section 92 penalizes various forms of abuse and exploitation against persons with disabilities in Punjab, with imprisonment and fines.
S. 93Section penalizes failure to provide required documents or information under the Act with fines up to ₹25,000 and additional daily fines.
S. 94Section 94 prevents courts from hearing offenses by government employees under this chapter without prior government sanction or an authorized complaint.
S. 95Section 95 specifies that for offenses under this Act, the offender faces the most severe punishment prescribed by this Act or any other relevant law.
S. 96Section 96 ensures the Act complements, rather than overrides, existing laws for persons with disabilities.
S. 97Section provides immunity from legal proceedings for actions taken in good faith under the Act.
S. 98The section allows the Central Government to issue orders to resolve Act difficulties, but only within two years of commencement, and requires Parliament Houses to review each order.
S. 99Section allows Central Government to amend Schedule on recommendations, with amendments laid before Parliament.
S. 100Section 100 empowers the Central Government to make rules for implementing the provisions of the Act, including specific administrative and procedural guidelines.
S. 101The section empowers the State Government to create rules for implementing the Act, including procedures for various disability-related committees and institutions.
S. 102(1) The Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act, 1995 is hereby re