DISABLED PERSONS (EMPLOYMENT AND
REHABILITATION) ORDINANCE, 1981[1]
(XL OF 1981)1
[ 9th
December, 1981]
An
Ordinance
to
provide for the employment, rehabilitation and welfare of disabled persons.
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,--
[“(a) “Chairman”
means the Chairman of the Provincial Council];[4]
(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;
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(g)
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"Fund"
means the Rehabilitation of Disabled Persons Fund established under section
17;
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[5][(gg)
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“Government” means
Government of the Punjab;]
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[6][(h)
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“Government Establishment” includes any autonomous or
semi-autonomous body, university, college, professional school and any other
organization, controlled or managed by the Government;]
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[7][(i)
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****]
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(j)
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(k)
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"Provincial Council" means a Provincial Council established
under section 5; and
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[10][(l)
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“Secretary” means the
Secretary of the Provincial Council;].
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[11][3.
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[12][4.
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[13][5.
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Provincial
Council.– The Government shall, by notification in
the official Gazette,
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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 [14][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.]
[15][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.]
[16][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.— [17][****]
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 [18][two
percent] 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 in to 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 3[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 [19][
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 centers.— The Provincial Council shall arrange for the training
of disabled persons in such trades or vocations as it thinks fit, and shall
establish training centers in such trades or vocations and in such manner as
may be prescribed by the [20][
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 [21][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.
Appeals.— (1)
Any person aggrieved by an order under section 15 may prefer an appeal to the [22][Government]
within thirty days of the date of the order.
(2)
The [23][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.— (I)
There shall be established by the [24][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;
[25][(b)
all grants, if made by the Federal Government, Government or local bodies; and]
(c) donations, if any, made by private individuals.
[26][(2) The funds shall be administered by the
Provincial Council in consultation with the Government.]
18.
Power to
exempt.— The [27][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
Ordnance.
[29][(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 offence, 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 [30][Government]
may, by notification in the Official Gazette, make rules for carrying out the
purposes of this Ordinance. [31][(2)
****]
[2] Substituted for the word
“the whole” by the Disabled Persons (Employment and Rehabilitation) (Amendment)
Act 2012 (Act XIII of 2012).
[3] Substituted for the word
“Pakistan” by the Disabled Persons (Employment and Rehabilitation) (Amendment)
Act 2012 (Act XIII of 2012). 4 Substituted for the word
“Federal Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[4] Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII
of 2012).
[5] Inserted by the Disabled
Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII of
2012).
[6] Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII
of 2012).
[7] Omitted by the Disabled
Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII of
2012).
[8] Substituted for the word
“Federal Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[9] Substituted for the word
“Provincial Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[10] Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII
of 2012).
[11] Omitted by the Disabled
Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII of
2012).
[12] Ibid.
[13] Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII
of 2012).
[15]
Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment)
Act 2012 (Act XIII of 2012).
[16] Ibid.
[17] The words “National
Council or a” omitted by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[18] Substituted for the word
“one percent” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012). 3 Substituted for the
word “Federal Government” by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (Act XIII of 2012).
[19] Substituted for the word
“Provincial Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[20]
Substituted for the word “Provincial Government” by the Disabled Persons
(Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII of 2012).
[21] Substituted for the word
“National Council” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[22] Ibid.
[23] Ibid.
[24] Substituted for the word
“Federal Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[25] Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII
of 2012).
[26] Ibid.
[27] Substituted for the word
“Federal Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[28] Omitted by the Disabled
Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII of
2012).
[29] Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII
of 2012).
[30] Substituted for the word
“Federal Government” by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (Act XIII of 2012).
[31] Omitted by the Disabled
Persons (Employment and Rehabilitation) (Amendment) Act 2012 (Act XIII of
2012).
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