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PWD Act 1995 - Employment

32. Identification of posts which can be reserved for persons with disabililties.- Appropriate Governments shall-

    1. identify posts, in the establishments, which can be reserved for persons with disabilty;

    2. at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.

33. Reservation of posts.- Every appropriate Government shall appoint in every establishment such percentage of vacancies not less three per cent. for persons or class of persons with disability of which one per cent. each sahll be reserved for persons suffering from-

    1. blindness or low vision;

    2. hearing impairment;

    3. locomotor disability or cerebral palsy,

    in the posts identified for each disability:
    Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, may exempt any establishment from the provisions of this section.

34. Special Employment Exchange.-

    1. The appropriate Government may, by notification require from such date as may be specified, by such notification, The employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with disabbilities that have occured or are about to occur in that establishment to such Special Employment exchange as may be prescribed and the establishment shall thereupon comply with such requistion.

    2. The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed.

35. Power to inspect record or document in possession of any establishment.-Any person authorised by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possesion of any establishment and may enter at any reasonable time any premises where he belives such reocrd or document to be, and inspect or take copies of relevant records or documents or ask any question necessary for obtaining information.

36. Vacancies not filled to be carried forward.- Where in any recruitment year any vacancy under Sec. 33, cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward to in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disabilities is not available, it may be first be filled by interchange amoung the three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
    Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

37. Employers to maintain records.-

    1. Every employer shall maintain such record in relation to the person with disabilities employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.

    2. The records maintained under sub-section(1) shall be open to inspection at all reasonable hours by such persons as may be authorised in this behalf by the general or special order by the appropriate Government.

38. Schemes for ensuring employment of persons with disabilities.- The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for-

    1. the training and welfare of persons with disabilities;

    2. the relaxation of upper age limit;

    3. regulating the employment;

    4. health and safety measures and creation of a non-handicapping envoirnment in places where persons with disabilities are employed;

    5. the manner in which and the persons by whom the cost of operating the schemes is to be defrayed; and

    6. constituting the authority responsible for the admistration of the scheme.

39. All educational institutions to reserve seats for persons with disabilities.-All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent. seats for persons with disabilities.

40. Vacancies to be reserved in poverty alleviation schemes.-The appropriate Governments and local authorities shall reserve not less than three per cent. in all poverty alleviation schemes for the benefit of the persons with disabilites.

41. Incentives to employers to ensure five per cent. of the work force is composed of persons with disabilities.-The appropriate Governments and local authorities shall, within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent. of the work force is composed of persons with disabilities.