[1]THE DISABLED PERSONS (EMPLOYMENT AND
REHABILITATION) ORDINANCE, 1981
(XL of 1981)
[29 December 1981]
An Ordinance to provide for the employment,
Whereas it is expedient to provide for the employment, rehabilitation
and welfare of disabled persons and for matters connected therewith.
And whereas the President is
satisfied that circumstances exist which render it necessary to make immediate
action;
Now, therefore, in pursuance of the
Proclamation of the fifth day of July, 1977, read with the Provisional
Constitution Order, 1981 (C.M.L.A Order No.1 of 1981), and in exercise of all
powers enabling him in that behalf, the President is pleased to make and
promulgate the following Ordinance:-
1. Short
title, extent and commencement.– (1) This Ordinance may be called the Disabled Persons
(Employment and Rehabilitation) Ordinance, 1981.
(3) It
shall come into force on such day as the [4][Government] may, by notification in the official Gazette,
appoint.
2. Definitions.–
In this Ordinance, unless there is
anything repugnant in the subject or context,–
(b) “commercial establishment” and “industrial
establishment” shall have the same meaning as in the West Pakistan Industrial
and Commercial Employment (Standing Orders) Ordinance, 1968 (W.P. Ordinance No.
VI of 1968);
(c) “disabled person” means a person who, on
account of injury, disease or congenital deformity, is handicapped for
undertaking any gainful profession or employment in order to earn his
livelihood, and includes a person who is blind, deaf, physically handicapped or
mentally retarded;
(d) “disease” includes the physical or mental
condition arising from the imperfect development of any organ;
(e) “employee” means a regular or whole-time
employee whether employed on daily, weekly or monthly basis, and includes an
apprentice;
(f) “establishment” means a Government
establishment, a commercial establishment or an industrial establishment, in
which the number of workers employed at any time during a year is not less than
one hundred;
(g) “Fund” means the Rehabilitation of Disabled
Persons Fund established under section 17;
[7][(h) “Government Establishment” includes any
autonomous or semi-autonomous body, university, college, professional school
and any other organization, controlled or managed by the Government;]
(j) “prescribed” means prescribed by the rules
made by the [9][Government] or, as the case may be, the [10][Government];
(k) “Provincial Council” means a Provincial
Council established under section 5; and
[14][5. Provincial Council.– The Government shall, by notification in the official Gazette,
establish a Council to be called the Provincial Council for the Rehabilitation
of Disabled Persons consisting of the following members:-
(a) Secretary
to the Government, Social Welfare, Women
Development and Bait ul Maal Department, who shall also be its Chairman;
(b) Secretary
to the Government, Labour Department;
(c) three members of the Provincial Assembly of
the Punjab , including at least one woman
member, to be nominated by the Government;
(d) one
representative of the Home Department of the Government not below the rank of
Deputy Secretary;
(e) one
representative of the Planning and Development Department of the Government not
below the rank of Deputy Secretary;
(f) one
representative of the Health Department of the Government not below the rank of
Deputy Secretary;
(g) one
representative of the Education Department of the Government not below the rank
of Deputy Secretary;
(h) one
representative of the Information, Culture and Youth Affairs Department of the
Government not below the rank of Deputy Secretary;
(i) one
representative of the Lahore Chamber of Commerce and Industry;
(j) Administrator
of the Punjab Zakat and Ushr Council;
(k) one
representative of the Punjab Social Services Board;
(l) one
representative of the registered trade unions to be nominated by the Labour Department of the Government;
(m) four
persons [15][including
at least two women] to be nominated by the Government from amongst the persons
engaged in the welfare work of disabled persons; and
(n) Director
(Programme) of the Government, Social Welfare Department, who shall also be the
Secretary of the Provincial Council.]
[16][6. Functions of the Provincial Council.–
Subject to any direction given by the Government, the Provincial Council shall–
(a) execute the policy made by the Government for
the employment, rehabilitation and welfare of disabled persons;
(b) undertake appropriate projects for purposes of
welfare of disabled persons;
(c) issue directions to an employment exchange or
any other body for the implementation of the projects of the Provincial
Council;
(d) take stock of the extent of functional
disabilities of disabled persons;
(e) evaluate, assess and coordinate the execution
of its policies;
(f) have overall responsibility for the
achievement of the purposes of this Ordinance;
(g) conduct survey of the disabled persons who are
desirous of being rehabilitated;
(h) conduct medical examination and provide
treatment to the disabled persons;
(i) provide training to the disabled persons; and
(j) take such other measures as are necessary for
carrying out the purposes of this Ordinance.]
[17][7. Meetings of the Provincial
Council.– (1) The meetings of the Provincial Council shall be held at such time and
at such places as the Chairman may direct and shall be presided over by the
Chairman.
(2) The meetings of the Provincial Council
shall be conducted in accordance with such procedure as may be prescribed, and
until such procedure is prescribed, in such manner as the Chairman may direct.
(3) The powers and functions of the Chairman
shall, in his absence, be exercised and performed by such member of the
Provincial Council as the Chairman may appoint.
(4) Six
members of the Provincial Council shall constitute quorum for a meeting of the
Council.
(5) All orders and decisions of the
Provincial Council shall be authenticated by the signature of the Chairman or a
member of the Provincial Council authorized by the Chairman.]
8. Duties of
Secretary.– The Secretary shall exercise such
powers and perform such functions as may be assigned to him by the Chairman.
9. Appointment
of Committee.– The [18][* * *] Provincial Council may appoint such Committee
consisting of such of its members as it thinks fit, and may refer to them any
matter for consideration and report:
Provided that the Council may, if it
considers necessary, co-opt any person to a Committee.
10. Establishments
to employ disabled persons.– (1)
Not less than [19][two per cent] of the total number of persons employed by an
establishment at any time shall be disabled persons whose names have been
registered with the Employment Exchange of the area in which such establishment
is located and against whose names in the register maintained under section 12
an endorsement exists to the effect that they are fit to work.
(2) The
disabled persons employed against any post in pursuance of sub-section (1)
shall be entitled to the terms and conditions which are not less favourable
than those of the other persons employed by the establishment against similar
posts.
(3) When
calculating the percentage of the posts in an establishment for the purposes of
employment of disabled persons, the fraction of 0.5 and above shall count as a
whole number.
11. Establishment
to pay to the Fund.– An establishment which does not
employ a disabled person as required by section 10 shall pay into the Funds
each month the sum of money it would have paid as salary or wages to a disabled
person had he been employed.
12. Registration
of disabled persons.– (1) Any
disabled person desirous of being employed or otherwise rehabilitated may have
his name registered in the register maintained by an Employment Exchange in
such form and in such manner as may be prescribed by the [20][Government]; and the Employment Exchange shall refer all
names so registered to the Provincial Council.
(2) The
Provincial Council shall, if it thinks necessary, cause each disabled person
registered under sub-section (1) to be assessed as to the nature of his
functional disability and also as to his aptitude and the nature of work he is
fit to do by a medical officer authorised by it in his behalf or by such
assessing board consisting of not less than one medical officer as it may
appoint, and the medical officer or, as the case may be, the assessing board
shall submit its report to the Provincial Council in such form as may be
prescribed by the [21][Government].
(3) If
the disabled person is considered by the Provincial Council fit to work, it
shall so inform the Employment Exchange, indicating the nature of work for
which he may be employed or the trade or vocation in which he may be trained,
and an endorsement to that effect shall be made against his name in the
register.
(4) If
the disabled person is not considered by the Provincial Council fit to work,
the Provincial Council shall inform the Employment Exchange accordingly for an
endorsement to that effect being made against his name in the register, and the
Provincial Council shall take such measures for his rehabilitation as it thinks
fit.
(5) If
a person is declared by the Provincial Council not to be a disabled person, his
name shall be struck off the register.
13. Establishment
of training centres.– The
Provincial Council shall arrange for the training of disabled persons in such
trades or vocations as it thinks fit, and shall establish training centres in
such trades or vocations and in such manner as may be prescribed by the [22][Government].
14. Establishments
to furnish information.– Every
Establishment shall furnish to such person or authority such information
required for the implementation of the provisions of this Ordinance in such
form and in such manner as the [23][Government] may, by notification in the official Gazette,
specify.
15. Power to
debar further employment.– (1) The
Provincial Council may debar from further employment or training for such
period as may be specified by it any disabled person who, without valid reason,
refuses to accept or abandons his employment or training under this Ordinance
or otherwise acts in a manner detrimental to the interests of the trade or
profession in which he is employed or undergoing training.
(2) No
disabled person shall be debarred under sub-section (1) unless he has been
given an opportunity of being heard.
16. Appeal.– (1) Any person aggrieved by an order under section 15 may
prefer an appeal to the [24][Government] within thirty days of the date of the order.
(2) The
[25][Government] may call for the record of the case and may,
after giving the parties an opportunity of being heard or after making such
further enquiry as it thinks fit, stay or suspend the operation of the order or
may pass such order as it thinks fit.
17. Fund.–
(1) There shall
be established by the [26][Government] a Fund to be known as the
Disabled Persons Rehabilitation Fund which shall comprise–
(a) all sums paid by the establishment under
section 11;
(c) donations, if any, made by private
individuals.
[28][(2) The funds shall be administered by the Provincial Council
in consultation with the Government.]
(3) The
Fund shall be utilized for–
(a) the establishment of training centres for
disabled persons;
(b) financial assistance to disabled persons who
are not fit to undertake any employment;
(c) disbursement of stipends or scholarships to
disabled persons receiving training;
(d) the welfare of disabled persons; and
(e) providing artificial limbs, surgical therapy
and medical treatment to disabled persons.
18. Power to
exempt.– The [29][Government] may, by notification in the official Gazette,
exempt any establishment or class of establishments from the operation of all
or any of the provisions of this Ordinance.
[31][(2) The Provincial Council may, subject to such conditions as it may
specify, delegate any of its powers or functions to any of its members.]
20. Penalty.– Any establishment which fails to pay into the Fund any sum
it is required to pay under section 11 shall be punishable with fine which may
extend to one thousand rupees and, in the case of non-payment of fine, with an
additional fine which may extend to ten rupees for every day during which the
payment of fine is not made.
21. Cognizance
of offences, etc.– (1) No court
inferior to that of a Magistrate of the first class shall try an offence
punishable under this Ordinance.
(2) No
court shall take cognizance of an offence punishable under this Ordinance
except upon a complaint in writing made by, or under the authority of, the
National Council or the Provincial Council.
22. Power
to make rules.– (1) The [32][Government] may, by notification in
the official Gazette, make rules for carrying out the purposes of this
Ordinance.
[1]In pursuance of the Proclamation of the fifth day of July, 1977, read
with the Provisional Constitution Order, 1981 (C.M.L.A Order No. 1 of 1981),
and in exercise of all powers enabling him in that behalf, the President promulgated this Ordinance, which was
published in the Gazette
of Pakistan, Extraordinary Pt. 1, December 29, 1981.
This
Ordinance was originally in the Federal ambit, however, the subject on which
this law was enacted devolved to the provinces by virtue of 18th Amendment in
the Constitution, hence it was adopted, with amendments, for the province of
the Punjab by the Disabled Persons (Employment and Rehabilitation) (Amendment)
Act 2012 (XIII of 2012).
[2]Substituted for the words “the whole” by the Disabled Persons
(Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[6]Inserted by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (XIII of 2012).
[16]Substituted by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (XIII of 2012).
[17]Substituted by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (XIII of 2012).
[19]Substituted for the words “one percent” by the Disabled Persons
(Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[22]Substituted for the words “Provincial Government” by the Disabled
Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[26]Substituted for the words “Federal Government” by the Disabled Persons
(Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[32]Substituted for the words “Federal Government” by the Disabled Persons
(Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
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