Persons with Disabilities Act, 1995 - Affirmative Action

Affirmative Action

      The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.

      The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates for -

1. house;
2. setting up business;
3. setting up of special recreation centres;
4. establishment of special schools;
5. establishment of research centres;
6. establishment of factories by entrepreneurs with disabilities.

Non-Discrimination

       Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to-

• adapt rail compartments, buses, vessels and aircraft in such a way as to permit easy access to such persons;
• adapt toilets in rail compartments, vessels, aircraft and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.

    The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for -

   1. installation of auditory signals at red lights in the public roads for the benefit of persons with visual handicap;
   2. causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;
   3. engraving on the surface of the zebra crossing for the blind or for persons with low vision;
   4. engraving on the edges of railway platforms for the blind or for persons with low vision;
   5. devising appropriate symbols of disability;
   6. warning signals at appropriate places.

     The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for -

   1. ramps in public building;
   2. adaptation of toilets for wheel chair users;
   3. braille symbols and auditory signals in elevators or lifts;
   4. ramps in hospitals, primary health centres and other medical care and rehabilitation institutions.

(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:

      Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:

      Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

(2) No promotion shall be denied to a person merely on the ground of his disability:

     Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

Research and Manpower Development

     The appropriate Governments and local authorities shall promote and sponsor research, inter alia, in the following areas: -

1. prevention of disability;
2. rehabilitation including community based rehabilitation;
3. development of assistive devices including their psycho-social aspects;
4. job identification;
5. on site modifications in offices and factories.

    The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and non-governmental research-units or institutions, for undertaking research for special education, rehabilitation and manpower development.