Jobs for differently abled persons in the public and the private sector

GOVERNMENT OF INDIA

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

LOK SABHA

ANSWERED ON 18.02.2014

344 . Shri DHARMENDRA YADAV, ANANDRAO VITHOBA ADSUL

Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

(a) the current status of employment of differently abled persons in the public and the private sectors, sector-wise;

(b) whether the Government provides incentives to employers to promote jobs for the differently abled persons and if so, the details thereof including the schemes launched to create jobs for them every year;

(c) the number of jobs created for the differently abled during the last three years, year-wise;

(d) whether the Government has created or proposes to create a National Fund for the differently abled persons; and

(e) if so, the details and the present status thereof?

ANSWER

(a): Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 provides that every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent. 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. hearing impairment;

iii. 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, exempt any establishment from the provisions of this section.

In pursuance of the above provisions, the policy on reservation for persons with disabilities has been formulated and issued by the Department of Personnel and Training (DOPT) to the Ministries and Departments of the Government including the Central Public Service Enterprises. DOPT has issued detailed instructions in December, 2005 regarding computation of reservation of Group ‘A’, ‘B’, ‘C’ & ‘D’ posts, maintaining roster etc for this purpose.

Further in compliance of orders of Hon’ble Supreme Court, the Department of Personnel and Training vide their order dated 03.12.2013 have modified the consolidated instructions issued in 2005 and directed all the Departments/Public Sector Undertakings/Government Companies to compute reservation for persons with disabilities in Group A or Group B posts on the basis of the total number of vacancies occurring in direct recruitment quota in all the Group A or Group B posts respectively, in the cadre. Further, the instructions provide that non-observance of the scheme of reservation for persons with disabilities by the nodal officer would be considered as an act of non obedience and he would be departmentally proceeded against for the default. The details of representation of persons with disability in the Central Government Ministries/Department for the last three years as maintained by the Department of Personnel and Training are as under:-

Data in respect of employment in Central Public Sector Enterprises (CPSEs) is monitored by the Ministries/Departments administratively concerned with such enterprises. Recruitment to all posts below board level in CPSEs including the posts reserved for persons with disabilities is done by the management of respective CPSEs as per the reservation policy.

The data with regard to employment given to differently abled persons by Public and the private sectors is not compiled centrally.

(b): Section 41 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 provides that the appropriate Governments and the 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 their work force is composed of persons with disabilities.

A Scheme of Incentives to the Private Sector for Employment of Persons with Disability was launched, w.e.f. 01.04.2008. Under this Scheme, the Government of India provides the employer’s contribution for Employees Provident Fund (EPF) and Employees State Insurance (ESI) for 3 years, for employees with disabilities employed in the private sector on or after 01.04.2008, with a monthly salary upto Rs.25, 000/-. The beneficiaries under the Scheme are:

i. Persons with disabilities as defined under the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 and the National Trust for Welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Act, 1999.

ii. Employees covered under EPF Act, 1952 and ESI Act, 1948

iii. The employees appointed on or after 1.4.2008.

A total amount of Rs. 8.08 crore has been released to Employees Provident Fund Organization (EPF)) and Employees State Insurance Corporation (ESIC) under the scheme so far including Rs.52.50 lakh for the year 2013-14.

(c): The data regarding number of jobs created for the persons with disability is not complied centrally.

(d) & (e): A National Fund for the persons with disabilities exists and out of this scholarships to 500 students with disabilities are provided every year for Post-Matric /Post-Secondary technical and professional courses, including Ph.D & M. Phil from recognized institutions. However, for students with disabilities of Central Palsy, Mental Retardation, Multiple Disabilities and Profound or severe Hearing Impaired, the minimum educational qualification is class VIII pass and scholarship is awarded to them for pursuing general, technical, vocational or professional courses. The details of scholarship provided during the last three years and the current year are as under:-

The Rights of Persons with Disabilities Bill, 2014 (introduced in the Rajya Sabha on 7th February, 2014) provides for constituting a fund to be called the National Fund for Persons with Disabilities and the following sums will be credited thereto:-

(a) all sums available under the Fund for People with Disabilities, constituted in 1983 and the Trust Fund for empowerment of Persons with Disabilities constituted in the year 2006.

(b) all sums payable by banks, corporations, financial institutions in pursuance of judgment dated 16th April, 2004 of the Hon’ble Supreme Court.

(c) all sums received by way of grant, gifts, donations, benefactions, bequests or transfers.

(d) all sums received from the Central Government including grant-in-aid.

(e) all sums from such other sources as may be decided by the Central Government.

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