SCHEME FOR PROVIDING EMPLOYMENT TO PERSONS WITH
DISABILITIES IN THE PRIVATE SECTOR
The scheme of giving incentives to employers, for providing employment to
persons with disabilities in the private sector, as approved by the Government would be as under:
(i) Total Outlay
(ii) Sector covered
(iii) Jobs to be created
(iv) Salary limit
(v) Incentives
2. Conditions: -
Rs.I800 crore for the 11th Five Year Plan
-Private Sector
I lakh per annum
Employees with disabilities, with monthly wage up to
Rs.250001- per month, working in the private sector
would be covered.
Payment by Government of the employer's contribution
to the Employees Provident Fund and Employ-ees State
Insurance for the first three years. The administrative
charges of 1.1% of the wages of the employees covered
under the En.ployees Provident Fund & Miscellaneous
Provisions (EPF&MP) Act will continue to be paid by-the - -
employer.
A. The scheme will be applicable to the employees with disabilities:-
(i) Covered 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) In the private sector all over India on enrolment of the employees in Employees Provident Fund (EPF) and the Employees State Insurance (ESI), under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Employees State Insurance Act, 1948 respectively. In the State of Jam!l1u and Kashmir, the employees would be registered in EPF under the J&K Employee Provident Fund and Miscellaneous Provision Act, 1961.
(iii) Appointed on or after 1.4.2008.
B. The employers would submit a copy of the disability certificate, issued to the disabled employee by the Competent Authority under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules,1996, first time when such benefit under EPF and ESI is claimed.
C. The Government will directly provide employer's contribution for the schemes
covered under he Employees Provident Fund & Miscellaneous Provisions Act, 1952 and the Employees State Insurance Act, 1948. This will be done in respect of employees for a maximum period of three years. The administrative charges of 1.1% of the wages of the employees covered under the EPF Act will continue to be paid by the respective employers.
3. The Ministry of Social Justice & Empowerment would make available to the
Employees Provident Fund Organisation and Employees State Insurance corporation lump sum funds by way of advance. These would be used for the purposes of adjustment of individual claims received from the employers undedhe scheme. The amount with the organizations would be replenished periodically. Initially both the organisations would be provided Rs. 5 crore each and considering the. requirement, the amount would be subsequently enhanced. The advance amount would be subject to quarterly review by the high level committee to be set up ..
4. To monitor the implementation of the scheme, a high level Committee Co-c aired by the Ministries of Labour & Employment Social Justice & Empowerment would be constituted. The composition of the Committee will be as follows:
(a) Secretary, Ministry of Labour and Employment - Chairman
(b) Secretary, Ministry of Social. listice and Empowerment- Co-Chairman
(c) Joint Secretary, M/Labour & Employrnent - Member
(d) Chief Provident Fund Con;missioner of Employees Provjdent Fund
Organization - Member .
(e) Commissioner, Employees SLite Insurance Corporation- Member
(f) Joint Secretaries & Financial Advisors from the Ministries of Social
Justice & Empowerment and Labour"& Employment- Member.
(g) Joint Secretary level officer Ministry of Social Justice & Empowernment
- Member Secretary.
5. The Committee would meet periodically, as per requirement, with a minimum
sitting of once in a quarter and consider various issues necessary for the smooth
functioning of the scheme .
STATEMENT
Statement in respect of disabled employees who are employed after
1.4.2008 and for whom special provisions are made under paragraph 820f the
Employees provident Fund Scheme, 1952.
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Signature of the Employer or
authorized official
of the Factory/Establishment.
Stamp of the Factory/Establishment.
This statement should be accompanied by copies of the disability
certificate, issued to the disabled employee by the Competent Authori!}' under the persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 and the Persons with Disabilities (Equal Opportunities,
Protection of Right and Full participation) Rules, 1996.
STANDARD FORMAT OF THE DISABILITY CERTIFICATES AS PRESCRIBED IN THE
GUIDELINES FOR EVALUATION OF VARIOUS DISABILITIES AND PROCEDURE FOR
CERTIFICATION - NOTIFIED VIDE GAZETTE NOTIFICATION NO. 16-18/97-NI.I.
DATED 1ST JUNE, 2001
NAME & ADDRESS OF THE INSTITUTE/HOSPITAL ISSUING THE CERTIFICATE
Certificate No .
Date
CERTIFICATE FOR THE PERSONS WITH DISABILITIES
This is to certify that Shri/Smt./Kum/wife/daughter of Shri . Age
______ old male/female, Registration No. is a case of
physically disabled/visual disabled/speech & hearing disabled and has %
( ) permanent (physical impairment/visual impairment/speech & hearing
impairment) in relation to his/her]. This condition is progressive/non-progressive/likely to improve/not likely to improve.
2. Re-assessment is not recommended/is recommended after a period of _
months/years.
Strike out which is not fipplicable.
Sd/(
DOCTOR)
Seal
Signature/Thumb impression
Of the patient
Recent Attested Photograph
Showing the disability affixed here.
Sd/(DOCTOR)
Seal
Sd/(DOCTOR)
Seal
Countersigned by the
Medical Superintendent/CMO/Head of
Hospital (with seal)
CERTIFICATE OF MENTAL RETARDATION FOR GOVERNME BENEFITS
This is to certify that ISmt./Kum.
--------------of
_____________________ with particulars givenbelow:-
a) Age
b) Sex
c) Signature/Thumb impression
CA.TEGORISATION OF MENTAL RETARDATION
MildiM oderateiSevere/Profoun'd
Validity of the Certificate: Permanent
Son/Daugbterof
Town/City
Signature of the Government
Doctor/Hospital with seal .
Chairperson Mental Retardation.
Certification Board
Recent Attested Photograph
Shovving the djsability affixed here
Dated:
Place:
Definitions of Disabilities as per the Persons With Disabilities
Protection Of Rights And Full Participation) Act, 1995 .
1. "Disability" means-
(i) blindness;
(ii) low vision; "
(iii) leprosy-cured;
,(iv) hearing impainnent;
(v) loco motor disability;
(vi) mental retardation;'
(vii) mental illness;
2. "Person with Disability" means a person suffering from not less than forty per cent of any disability as certified by a medical authority;
3. "Blindness" refers to a condition where a person suffers from any of the following conditions, namely :-
(i) total absence of sight; or ,
(ii) visual acuity not exceeding ,6/60., or 20/200, (snellen) in the better eye with
correcting lenses; or
(iii) limitation of the field of vision subtending an angle of20 degree or worse;
4. "Person with Low Vision" means a person with, impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;
5, "Leprosy Cured Person" means any person who has been cured of leprosy but is suffering from-
(i) loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
(ii) manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;
(iii) Extreme physical deformity as well as advanced age which prevents him from undertaking any gainful occupation, and the expression "leprosy cured" shall be construed accordingly;
6. "Hearing Impairment" means loss of sixty decibels or more in the better ear in the conversational range of frequencies;
7. "Loco motor Disability" means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form' of cerebral palsy; '
8. "Cerebral Palsy" means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the prenatal, peri -natal or infant period of development; ,
9. "Mental Retardation"means a condition of arrested or incomplete development of mind'"Of a person which is specially characterized by sub normality of intelligence;
10. "Mental Illness" means any mental disorder other than mental retardation;
Definitions of disabilities as per National Trust for the Welfare of Persons With Autism Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999
1. "Persons with.Disability" means a person suffering from any of the conditions relating to autism, Cerebral Palsy, Mental Retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability;
2. "Autis·rn" means,a condition' 'Of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour; -
3. "Cerebral Palsy" means a group of non-progressive conditions of a person characterized by abnormal. motor control posture resulting from brain insult or injuries occurring in the prenatal, perinatal or infant period of development;
4. "Mental Retardation" means a condition of arrested or incomplete development of mind of person, which is specially characterised by sub-normality of intelligence;
5. "Multiple Disabilities" means a combination of two or more disabilities 'as defined in clause (i) of section 2 of the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, -1995;
6. "Severe Disability" means disability with eighty per cent or more of one or more of Multiple- Disabilities;