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Section 47 of PwD Act

Wed, 04/27/2016 - 14:49 -- geeta.nair
Date of enactment: 
Wednesday, April 27, 2016
Eyeway Synopsis: 
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
Introduction to Act: 
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Published In Part II, Section 1 Of The Extraordinary Gazette Of India, Ministry Of Law, Justice And Company Affairs, (Legislative Department), New Delhi, the 1st January, 1996/Pausa 11, 1917 (Saka). The following Act of Parliament received the assent of the President on the 1st January, 1996, and is hereby published for general information: Section 2 (i) "disability" means: 1. blindness; 2. low vision; 3. leprosy-cured; 4. hearing impairment; 5. locomotor disability; 6. mental retardation; 7. mental illness; Section 2 (b) "blindness" refers to a condition where a person suffers from any of the following conditions, namely: 1. total absence of sight. Or 2. visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or 3. limitation of the field of vision subtending an angle of 20 degree or worse; Section 47 (1) No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service. Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits. Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuating, whichever is earlier. (2) No promotion shall be denied to a person merely on the ground of his disability, provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

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