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Organization, Administration and Workstudy in Ot

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Organization, Administration and Workstudy in Ot

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Bhavani
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© © All Rights Reserved
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ORGANIZATION,

ADMINISTRATION AND
WORKSTUDY IN OT

9. Describe the various medico legal acts


applicable to person with disability in India ?
THE PERSON WITH
DISABILITY (PWD) BILL 1995

The purpose of the Bill which was made law in 1996


is to fix responsibilities on the Central and State Governments to the extent
of their resources, to provide services, create facilities, and give support to
people with disabilities in order to enable them to have equal opportunities
in participating as productive and contributing citizens of this country to the
fullest extent of their abilities.

The Central Coordination Committee


The Central Government shall constitute a central co-ordination
committee
(CCC) headed by the Minister of Social Welfare.
SALIENT FEATURES OF THE
ACT

1) Disabilities covered
2) Rights and entitlement
3) Guardianship
4) Establishment of authorities
5) Penalities for offences
The State Coordination Committee Each state
shall appoint a state coordination committee
consisting of 23 official and five non-official
members.
Their responsibilities are:
• Prevention and early detection of disabilities
• Education
• Institutions for persons with severe disabilities
• Allotment in concessional land
• Research and manpower development
• Recognition of institutions for persons with disabilities
• Reservation in vacancies
• Provision of free aids/appliances
• Social security.
THE PWD ACT ( 2016 )

The Act replaces the Persons with Disabilities


(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995. It fulfills the obligations to the
United National Convention on the Rights of Persons
with Disabilities (UNCRPD), to which India is a
signatory.
The Rights of Persons with Disabilities (RPwD) Act,
2016, enacted on 28.12.2016 and came into force
from 19.04.2017, Disability has been defined based on
an evolving and dynamic concept.
DISABILITIES COVERED
Disability has been defined based on an evolving and dynamic
concept.
The types of disabilities have been increased from existing 7
to 21 and the Central Government will have the power to add
more types of disabilities.
The 21 disabilities are given below:-
•Physical Disability
•Locomotor Disability
•Leprosy Cured Person
•Cerebral Palsy
•Dwarfism
•Muscular Dystrophy
•Acid Attack Victims
•Visual Impairment
•Blindness
Low Vision
•Hearing Impairment
•Deaf
•Hard of Hearing
•Speech and Language Disability
•Intellectual Disability
•Specific Learning Disabilities
•Autism Spectrum Disorder
•Mental Behaviour (Mental Illness)
•Disability caused due to-Chronic Neurological
Conditions such as Multiple Sclerosis
•Parkinson’s Disease
•Blood Disorder
•Haemophilia
•Thalassemia
•Sickle Cell Disease
•Multiple Disabilities
THE RIGHTS OF PERSON WITH DISABILITIES
ACT, 2016 are laid out dealing with

•Rights and entitlements


•Education
•Skill development and employment
•Social security, health, rehabilitation and recreation.
•Special provisions for persons with benckmark disabilities
•Special provisions for person with disabilities with high
support needs.
•Duties and responsibilities of appropriate governments
•Registration of institutions for person with disabilities and
grants to such institutions
•Certification of specified disabilities
Chief commissioner and state commissioner for person with disabilities
•Special court
•National fund for person with disabilities
•State fund for person with disabilities
•Offences and penalties related to disability

THE BOARD AREAS IN WHICH THE LEGISLATIONS ARE ENACTED


ARE:
•Equality and nondiscrimination
•Rights of woman and children with disability
•Community life and mainstreaming
•Protection form inhuman treatment, abuse violence and exploitation
•Protection and safety in situations of risk or conflict
•Prevention of separation from home and family
•Rights to reproduction and family planning
•Rights to vote
•Rights to property and financial transactions
•Provision for guardianship
•Rights to inclusive education
•Benefits in education vocational training and employment
•Social security, healthcare insurance and rehabilitation
•Special measures initiated by the appropriate government towards
research an development in the areas of rehabilitation
•Cultural and sports activity
•Reservation for higher education, employment
•Access to special schemes, loans an grants
•Accessibility to transport, information and communication technology
•Certifying authorities and procedure for such certification
•National funds for person with disability.
RIGHTS AND ENTITLEMENT
• Responsibility has been cast upon the appropriate governments to
take effective measures to ensure that the persons with disabilities
enjoy their rights equally with others.
• Additional benefits such as reservation in higher education (not less than
5%), government jobs (not less than 4 %), reservation in allocation of land,
poverty alleviation schemes (5% allotment) etc. have been provided for
persons with benchmark disabilities and those with high support needs.
• Every child with benchmark disability between the age group of 6 and 18
years shall have the right to free education.
• Government funded educational institutions as well as the government
recognized institutions will have to provide inclusive education to the
children with disabilities.
• For strengthening the Prime Minister's Accessible India Campaign, stress
has been given to ensure accessibility in public buildings (both Government
and private) in a prescribed time-frame.
Guardianship
The Act provides for grant of guardianship by
District Court under which there will be joint
decision – making between the guardian and
the persons with disabilities.
Establishment of Authorities

• Based Central & State Advisory Boards on Disability are to


be set up to serve as apex policy making bodies at the
Central and State level.
• Office of Chief Commissioner of Persons with Disabilities
has been strengthened who will now be assisted by 2
Commissioners and an Advisory Committee comprising of
not more than 11 members drawn from experts in various
disabilities.
• Similarly, the office of State Commissioners of Disabilities
has been strengthened who will be assisted by an Advisory
Committee comprising of not more than 5 members drawn
from experts in various disabilities.
• The Chief Commissioner for Persons with Disabilities and
the State Commissioners will act as regulatory bodies and
Grievance Redressal agencies and also monitor
implementation of the Act.
• District level committees will be constituted by the State
Governments to address local concerns of PwDs. Details
of their constitution and the functions of such committees
would be prescribed by the State Governments in the
rules.
• Creation of National and State Fund will be created to
provide financial support to the persons with disabilities.
The existing National Fund for Persons with Disabilities
and the Trust Fund for Empowerment of Persons with
Disabilities will be subsumed with the National Fund.
Penalties for offences
Act provides for penalties for offences
committed against persons with disabilities and
also violation of the provisions of the new law.
Any person who violates provisions of the
Act, or any rule or regulation made under it, shall
be punishable with imprisonment up to six months
and/ or a fine of Rs 10,000, or both. For any
subsequent violation, imprisonment of up to two
years and/or a fine of Rs 50,000 to Rs five lakh
can be awarded.
Whoever intentionally insults or intimidates
a person with disability, or sexually exploits a
woman or child with disability, shall be
punishable with imprisonment between six
months to five years and fine.

Special Courts will be designated in


each district to handle cases concerning
violation of rights of PwDs.
LEGAL RIGHTS OF THE DISABLED
IN INDIA

1. General legal provisions relating to the


disabled
2. The disabled and the constitution
3. Education law for the disabled
4. Health laws
5. Family laws
a) Succession laws for disabled
b) Labour laws for disabled
c) Judicial procedures for disabled
6. Income tax consessions
7. The Person With Disability (PWD) ( equal
opportunities,protection of rights and full
participation) act,1995
a) Main provisions of the act
b) Prevention and early detection of
disabilities
c) education
d) Employment
e) Affirmative action
f) Non-Discrimination
g) Research and manpower development
h) social security
i) grievance redressal
8.The mental act,1987
9.The rehabilitative council of india act, 1992
10. The national trust welfare of persons with
autism, cp,mental retardation and multiple
disabilities act 1999
11.UN declaration on the rights of mentally
retarded persons
General legal provisions relating to the disabled lies
in
• Constitution
• Education Laws
• Health Laws
• Family Laws
• Succession laws
• Labour Laws
• Judicial Procedures
• Income Tax Laws, &
Various Acts
• The Person with Disabilities Act, 1995
• The Mental Health Act, 1987
• The Rehabilitation Council of India, 1992
• The National Trust for Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation, and Multiple Disabilities Act, 1999
Declaration On The Rights Of Mentally Retarded Persons
The disabled and the constitution

The Constitution of India applies uniformly to every legal


citizen of India, whether they are healthy or disabled in any
way (physically or mentally)
Under the Constitution the disabled have been guaranteed
the following fundamental rights:
1) The Constitution secures to the citizens including the
disabled, a right of justice, liberty of thought, expression,
belief, faith and worship, equality of status and of opportunity
and for the promotion of fraternity.
2) Article 15(1) enjoins on the Government not to
discriminate against any citizen of India (including disabled)
on the ground of religion, race, caste, sex or place of birth.
3) Article 15 (2) States that no citizen (including the
disabled) shall be subjected to any disability, liability, restriction or
condition on any of the above grounds in the matter of their access to
shops, public restaurants, hotels and places of public entertainment or
in the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of government funds or dedicated
to the use of the general public. Women and children and those
belonging to any socially and educationally backward classes or the
Scheduled Castes & Tribes can be given the benefit of special laws or
special provisions made by the State.

4) There shall be equality of opportunity for all citizens (including the


disabled) in matters relating to employment or appointment to any office
under the State.

5) No person including the disabled irrespective of his belonging can be


treated as an untouchable. It would be an offence punishable in
accordance with law as provided by Article 17 of the Constitution.
6). Every person including the disabled has his life
and liberty guaranteed under Article 21 of the
Constitution.
7). There can be no traffic in human beings
(including the disabled), and beggar and other
forms of forced labour is prohibited and the same is
made punishable in accordance with law (Article
23).
8). Article 24 prohibits employment of children
(including the disabled) below the age of 14 years to
work in any factory or mine or to be engaged in any
other hazardous employment. Even a private
contractor acting for the Government cannot
engage children below 14 years of age in such
9). Article 25 guarantees to every citizen
(including the disabled) the right to freedom
of religion. Every disabled person (like the
non-disabled) has the freedom of conscience
to practice and propagate his religion subject
to proper order, morality and health.
10). No disabled person can be compelled to
pay any taxes for the promotion and
maintenance of any particular religion or
religious group.
11). No Disabled person will be deprived of
the right to the language, script or culture
which he has or to which he belongs.
12). Every disabled person can move the Supreme Court of
India to enforce his fundamental rights and the rights to move
the Supreme Court is itself guaranteed by Article 32.
13). No disabled person owning property (like the non-disabled)
can be deprived of his property except by authority of law
though right to property is not a fundamental right. Any
unauthorized deprivation of property can be challenged by suit
and for relief by way of damages.
14). Every disabled person (like the non-disabled) on attainment
of 18 years of age becomes eligible for inclusion of his name in
the general electoral roll for the territorial constituency to which
he belongs.
Education Law for the
Disabled
Right to education is available to all
citizens including the disabled. Article 29(2)
of the Constitution provides that no citizen
shall be denied admission into any
educational institution maintained by the
State or receiving aid out of State funds on
the ground of religion, race, caste or
language.
Article 45 of the Constitution directs the
State to provide free and compulsory
education for all children (including the
disabled) until they attain the age of 14
years. No child can be denied admission
into any education institution maintained by
the State or receiving aid out of State funds
on the ground of religion, race, casteor
language.
Health Laws

47 of the constitution imposes on the


Government a primary duty to raise the level
of nutrition and standard of living of its
people and make improvements in public
health - particularly to bring about prohibition
of the consumption of intoxicating drinks
and drugs which are injurious toone’s health
except for medicinal purposes
The health laws of India have many
provisions for the disabled. Some of the
Acts which make provision for health of the
citizens including the disabled may be
seen in the Mental Health Act, 1987
Family Laws
Various laws relating to the marriage enacted by the
Government for DIFFERENT communities apply equally to the
disabled. In most of these Acts it has been provided that the following
circumstances will disable a person from undertaking a marriage.
These are:
Where either party is an idiot or lunatic,

Where one party is unable to give a valid consent due to unsoundness


of mind or is suffering from a mental disorder of such a kind and extent
as to be unfit for ‘marriage for procreation of children’

Where the parties are within the degree of prohibited relationship or are
sapindas of each other unless permitted by custom or usage.
Where either party has a living spouse
The rights and duties of the parties to a marriage whether in respect
of disabled or non-disabled persons are governed by the specific
provisions contained in different marriage Acts, such as the Hindu
Marriage Act, 1955, the Christian Marriage Act, 1872 and the Parsi
Marriage and Divorce Act, 1935. Other marriage Acts which exist
include; the Special Marriage Act, 1954 (for spouses of differing
religions) and the Foreign Marriage Act, 1959 (for marriage outside
India)
The Child Marriage Restraint Act, 1929 as amended in 1978 to
prevent the solemnization of child marriages also applies to the
disabled. A Disabled person cannot act as a guardian of a minor
under the Guardian
The Wards Act, 1890 if the disability is of such a degree that one
cannot act as a guardian of the minor. A similar position is taken by
the Hindu Minority and Guardianship Act, 1956, as also under the
Muslim Law
Succession Laws for the
Disabled
Under the Hindu Succession Act, 1956 which applies to Hindus it has been
specifically provided that physical disability or physical deformity would not
disentitle a person from inheriting ancestral property. Similarly, in the Indian
Succession Act, 1925 which applies in the case of intestate and
testamentary succession, there is no provision which deprives the disabled
from inheriting an ancestral property. The position with regard to Parsis and
the Muslims is the same. In fact a disabled person can also dispose his
property by writing a ‘will’ provided he understands the import and
consequence of writing a will at the time when a will is written. For example,
a person of unsound mind can make a Will during periods of sanity. Even
blind persons or those who are deaf and dumb can make their Wills if they
understand the import and consequence of doing it.
Labour Laws for the Disabled

The rights of the disabled have not been


spelt out so well in the labour legislations but
provisions which cater to the disabled in
their relationship with the employer are
contained in delegated legislations such as
rules, regulations and standing orders
Judicial procedures for the
disabled

Under the Designs Act, 1911 which deals with the


law relating to the protection of designs any person having
jurisdiction in respect of the property of a disabled person
(who is incapable of making any statement or doing
anything required to be done under this Act) may be
appointed by the Court under Section 74, to make such
statement or do such thing in the name and on behalf of the
person subject to the disability. The disability may be lunacy
or other disability.
Income Tax Concessions
Relief for Handicapped
Section 80 DD: Section 80 DD provides for a
deduction in respect of the expenditure
incurred by an individual or Hindu Undivided
Family resident in India on the medical
treatment (including nursing) training and
rehabilitation etc. of handicapped
dependants. For officiating the increased cost
of such maintenance, the limit of the
deduction has been raised from Rs.12000/-
Section 80 V: A new section 80V has been
introduced to ensure that the parent in whose
hands income of a permanently disabled minor has
been clubbed under Section 64, is allowed to claim
a deduction upto Rs.20000/- in terms of Section 80
V.
Section 88B: This section provides for an additional
rebate from the net tax payable by a resident
individual who has attained the age of 65 years. It
has been amended to increase the rebate from
10% to 20% in the cases where the gross total
income does not exceed Rs.75000/- (as against a
limit of Rs.50000/- specified earlier).
Prevention and early detection of disabilities

Various measures shall be taken to prevent


disabilities. Staff at the Primary Health Centre
shall be trained to assist in this work.
All the Children shall be screened once in
a year for identifying ‘at-risk’ cases.
Awareness campaigns shall be launched and
sponsored to disseminate information.
Measures shall be taken for pre-natal, peri
natal, and post-natal care of the mother and
Education
Child with disability shall have the rights to free
education till the age of 18 years in integrated schools or
special schools.
Appropriate transportation, removal of architectural
barriers and restructuring of modifications in the examination
system shall be ensured for the benefit of children with
disabilities.
Children with disabilities shall have the right to free
books, scholarships, uniform and other learning
material.Special Schools for children with disabilities shall be
equipped with vocational training facilities.
Non-formal education shall be promoted for children
with disabilities.
Teachers’ Training Institutions shall be
established to develop requisite manpower.

Parents may move to an appropriate


forum for the redressal of grievances
regarding the placement of their children with
disabilities.
Employment
3% of vacancies in government employment shall be
reserved for people with disabilities, 1% each for the
persons suffering from:
1. Blindness or Low Vision
2. Hearing Impairment
3. Locomotor Disabilities & Cerebral Palsy
4. Suitable Scheme shall be formulated for
5. The training and welfare of persons with disabilities
6. The relaxation of upper age limit
7. Regulating the employment
8. Health and Safety measures and creation of a non-
handicapping, environment in places where persons with
disabilities are employed
Government Educational Institutes and
other Educational Institutes receiving grant from
Government shall reserve at least 3% seats for
people with disabilities.

No employee can be sacked or


demoted if they become disabled during service,
although they can be moved to another post with
the same pay and condition. No promotion can
be denied because of impairment.
Affirmative Action
Aids and Appliances shall be made available to the
people with disabilities.
Allotment of land shall be made at concessional
rates to the people with disabilities for:
• House
• Business
• Special Recreational Centres
• Special Schools
• Research Schools
• Factories by Entrepreneurs with Disability,
Non-Discrimination
Building, rail compartments, buses,
ships and air-crafts will be designed to give
easy access to the disabled people.
In all public places and in waiting rooms,
the toilets shall be wheel chair accessible.
Braille and sound symbols are also to be
provided in all elevators (lifts).
All the places of public utility shall be made
barrier- free by providing the ramps.
Research and Manpower
Development
In the following areas shall be sponsored and promoted
Prevention of Disability
• Rehabilitation including community based rehabilitation
• Development of Assistive Devices.
• Job Identification
• On site Modifications of Offices and Factories
• Financial assistance shall be made available to the
universities, other institutions of higher learning,
professional bodies and non-government research- units
or institutions, for undertaking research for special
education, rehabilitation and manpower development.
Social Security
Assistance to non-government
organizations for the rehabilitation of persons
with disabilities.Insurance coverage for the
benefit of the government employees with
disabilities.
Unemployment allowance to the people with
disabilities who are registered with the
special employment exchange for more than
a year and could not find any gainful
occupation
Grievance Redressal

Case of violation of the rights as


prescribed in this act, people with disabilities
may move an application to the Chief
Commissioner for Persons with Disabilities in
the Centre, or Commissioner for Persons
with Disabilities in the State.
THE MENTAL ACT 2017

India's new mental health legislation, the


Mental Healthcare Act, 2017, was
commenced on 29 May 2018 and seeks
explicitly to comply with the United Nations
Convention on the Rights of Persons with
Disabilities. It grants a legally binding right to
mental healthcare to over 1.3 billion people,
one sixth of the planet's population.
Key measures include
(a) new definitions of 'mental illness' and 'mental health
establishment'; (b) revised consideration of 'capacity' in
relation to mental healthcare (c) 'advance directives' to
permit persons with mental illness to direct future care; (d)
'nominated representatives', who need not be family
members; (e) the right to mental healthcare and broad social
rights for the mentally ill; (f) establishment of governmental
authorities to oversee services; (g) Mental Health Review
Boards to review admissions and other matters; (h) revised
procedures for 'independent admission' (voluntary
admission), 'supported admission' (admission and treatment
without patient consent), and 'admission of minor'; (i) revised
rules governing treatment, restraint and research; and (j) de
facto decriminalization of suicide
Key challenges relate to resourcing both
mental health services and the new
structures proposed in the legislation, the
appropriateness of apparently increasingly
legalized approaches to care (especially the
implications of potentially lengthy judicial
proceedings), and possible paradoxical
effects resulting in barriers to care (e.g.
revised licensing requirements for general
hospital psychiatry units).
The Rehabilitation Council of
India Act, 1992

This Act provides guarantees so as to ensure


the good quality of services rendered by
various rehabilitation personnel. Following is
the list of such guarantees:
To have the right to be served by trained and
qualified rehabilitation professionals whose
names are borne on the Register maintained
by the Council
Standards of education required for recognition
of rehabilitation qualification by universities or
institutions in India.
To have the guarantee of maintenance of standards
of professional conduct and ethics by rehabilitation
professionals in order to protect against the penalty
of disciplinary action and removal from the Register
of the Council
To have the guarantee of regulation of the
profession of rehabilitation professionals by a
statutory council under the control of the central
government and within the bounds prescribed by
the statute
The national trust for welfare of persons with
autism, cerebral palsy, mental retardation and
multiple disabilities act, 1999

The National Trust created by the Central


Government has to ensure that the objects for
which it has been set up as enshrined in Section 10
of this Act have to be fulfilled.
It is an obligation on part of the Board of
Trustees of the National Trust so as to make
arrangements for an adequate standard of living of
any beneficiary named in any request received by
it, and to provide financial assistance to the
registered organizations for carrying out any
approved programme for the benefit of disabled.
Disabled persons have the right to be placed
under guardianship appointed by the ‘Local Level
Committees’ in accordance with the provisions of
the Act. The guardians so appointed will have the
obligation to be responsible for the disabled person
and their property and required to be accountable
for the same.
A disabled person has the right to have his
guardian removed under certain conditions.
These include an abuse or neglect of the
disabled, or neglect or misappropriation of the
property under care.
The National Trust shall be bound by the
provisions of this Act regarding its accountability,
monitoring finance, accounts and audit.
UN Declaration on the Rights of
Mentally Retarded Persons

1. This declaration on the rights of mentally


retarded person’s calls for national and
international actions so as to ensure that it
will be used as a common basis and frame
of reference for the protection of their
rights:
2. The mentally retarded person has, to the
maximum degree of feasibility, the same
rights as under human beings.
3. The mentally retarded person has a right
to proper medical care, physical therapy and
to such education, training, rehabilitation and
guidance which will enable him to further
develop his ability, and reach maximum
potential in life.
4. The mentally retarded person has a right
of economic security and of a decent
standard of living. He/she has a right to
perform productive work or to participate in
any other meaningful occupation to the fullest
possible extent of capabilities.
5. Whenever possible, the mentally retarded
person should live with his own family or with
his foster parents and participate in different
forms of community life. The family with
which he lives should receive assistance. If
an institutional care becomes necessary then
it should be provided in surroundings and
circumstances as much closer as possible to
that of a normal lifestyle.
6. The mentally retarded person has a right
to a qualified guardian when this is required
in order to protect his personal well-being or
interests.
7. The mentally retarded person has a right
to get protection from exploitation, abuse and
a degrading treatment. If prosecuted for any
offence; he shall have right to the due
process of law, with full recognition being
given to his degree of mental responsibility.
8. Whenever mentally retarded persons are unable
(because of the severity of their handicap) to
exercise their rights in a meaningful way or it should
become necessary to restrict or deny some or all of
their rights then the procedure(s) used for that
restriction or denial of rights must contain proper
legal safeguards against every form of abuse. This
procedure for the mentally retarded must be based
on an evaluation of their social capability by
qualified experts, and must be subject to periodic
review and a right of appeal to the higher
authorities.
WORKMEN’S COMPENSATION ACT

The workmen’s compensation act, 1923 provides for


payment of compensation to workmen and their dependants
in case of injury and accidents arising out of and in the
course of employment and resulting in disablement or death

The act applies to railway servants and persons employed in


any such capacities as is specified in schedule of the act

The amount of compensation to be paid depends on the


nature of the injury and the average monthly wages and age
of workmen
LIABILITY FOR COMPENSATION
a) A workman is entitled to get compensation from his
employer if he is injured while on duty and during the
course if his employment with the employer

b) If a workman dies due to the accident while of duty and


during the course of the employment with his employee, his
dependents are entitled to recieve the amount of
compensation from the employee

c) Occupational diseases: If the workman contacts


occupational diseases, while on duty or during the course
of employment,the said disease shall be deemed to be an
injury by accident. the workman if he is dead, his
dependents are entitled to recieve theamount of
compensation
dqd) Amount of compensation:
(1) TEMPORARY DISABLEMENT:
Where the disablement is temporary i.e workman not being
able to attend the duty for more than 3 days on account of
injury is entitle to get compensation at the rate of a half
monthly payment of the sum equivalent to twenty five
percent of monthly wages of the workman.eg: if the
workman’s wages is 500 per month he will recieve 125 gor
a fortnight.
(2) PERMANENT TOTAL DISABLEMENT
It is listed in schedule 1 of the act where the disablement is
permanent and the total amount of compensation will be
equilent of fifty percent of the monthly income of the injured
workman
(3) DEATH:
An amount equal to 40 percent of the monthly wages of the
decreased workman multipled by the relavent factor or an
amount of 20,000 is given.
Benefits to Employees under Employees State Insurance Act, 1948

• Disablement benefit
• Rehabilitation allowance
DISPLACEMENT BENEFIT
The Act provides for cash payment, besides free medical
treatment, in the event of temporary or permanent
disablement as a result of employment injury as well as
occupational diseases. The rate of temporary disablement
benefit is about 90 percent of the wages as long as the
temporary disablement lasts. In case of total permanent
disablement, the insured person is given life pension worked
out on the basis of loss of earning capacity determined by a
medical board, while in cases of partial permanent
disablement a portion of it is granted as life pension.
Rehabilitation benefit

On monthly payment of Rs 10, the insured person and his


family members continue to get medical treatment after
permanent disablement, or retirement.

CONCESSIONS AND SUBSIDIES GIVEN TO THE


HANDICAPPED BY THE MINISTRY OF SOCIAL JUSTICE
AND EMPOWERMENT, GOVERNMENT OF INDIA
Scheme of Integrated Education for Children
with Disability
The education of handicapped children with the help of
necessary aids, incentives and specially trained teachers is
sought to be integrated in the normal school system under this
scheme. Full assistance to the States is provided for this
purpose.

Reservation of Jobs
One percent for each impairment in grade C and D posts is
reserved for the visually impaired, mentally subnormal, hearing
impaired and orthopedically disabled.
Customs Concessions
The following items are exempted from customs duty
or additional duty when
imported by a person with disability for his personal
use.
• Orthopaedic appliances and books in Braille.
• Optical and environmental sensors.
• Artificial electronic larynx
• Tactile displays.Specially adapted clocks and
watches.
• writing equipment and erasers
• Wheel chairs, canes, electronic aids.
• Arithmetic aids like calculators
Central Government Schemes for the Rehabilitation of
Persons with disability

• Scheme of assistance to organizations for the persons with


disabilities provides up to 90 percent of recurring and non-
recurring expenditure.
• Manpower development in the fields of cerebral palsy and
mental retardation is taken up by voluntary organizations by
training teachers and other personnel.
• Program for rehabilitation of persons with mental illness.
Assists voluntary organizations to provide psychosocial and
economic rehabilitation to those who have recovered from
mental illness.
• Program for rehabilitation of leprosy cured persons. Assistance
up to 90 percent of the total expenses is given for all the above
schemes.
• Scheme of assistance to disabled persons for purchase/fitting
• Scheme of scholarship to the persons with disability
Scholarship - From class IX onwards but the income limit of
parents/
guardians of the candidate should not be more than Rs.
2000/- per month.

• Fifty percent subsidy for purchase of petrol/diesel


in addition to being
exempted from road tax.
– Vehicle up to 2 HP : 15 lt per month
– Vehicle more than 2 HP : 25 lt per month
OTHER SCHEMES
National Institutes
National Institute for the visually handicapped—Dehradun
• National Institute for the orthopaedically handicapped—
Calcutta
• Ali Yavar Jung National Institute for the hearing
handicapped—Bombay
• National Institute for the mentally handicapped—
Secunderabad
The above four institutes provide a complete package of
welfare services.
OTHER INSTITUTES

Institute for the Physically Handicapped (IPH)—New Delhi


• National Institute of Rehabilitation, Training and Research
(NIRTAR)— Bairoi Cuttack
• Government Institutes of Rehabilitation medicine in
Chennai, Trivandrum, Jaipur, and other states.
• National Institute of Mental Health and Neurological
Sciences NIMHANS, Bangalore.
Policies

•The Rights of Persons with Disabilities Act, 2016


•The National Trust for the Welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999
•Rehabilitation Council of India Act, 1992
•The National Policy for Person with Disabilities, 2006
•United Nations Convention on the Rights of Person with
Dinabilities(UNCRPD), 2006
Disability insurance

Disability insurance provides risk coverage for the lost


income due to failure to work in case of any permanent or
temporary disability.
This kind of insurance helps in providing a part of your
lost income along with the medical expenses, if you
happened to meet with an accident that led to disability.
Advantages
•Having disability insurance will keep you and your family
secure in case of any mishap
•If an accident leads to disability, chances are high for you
to be unable to work for some time. Thus, disability
insurance can can help pay for the essential expenses
•One can save tax by having disability insurance as the
premium paid towards this is exempted as per Income Tax
Act, 1961

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