THE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) ORDINANCE 1981
(XL
of 1981)
C O
N T E N T S
Section Heading
1. Short
title, extent and commencement.
2. Definitions.
3. [Omitted].
4. [Omitted].
5. Provincial
Council.
6. Functions
of the Provincial Council.
7. Meetings
of the Provincial Council.
8. Duties
of Secretary.
9. Appointment
of Committee.
10. Establishments
to employ disabled persons.
11. Establishment
to pay to the Fund.
12. Registration
of disabled persons.
13. Establishment
of training centres.
14. Establishments
to furnish information.
15. Power
to debar further employment.
16. Appeal.
17. Fund.
18. Power
to exempt.
19. Delegation
of power.
20. Penalty.
21. Cognizance
of offences, etc.
22. Power
to make rules.
[1]THE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION)
ORDINANCE, 1981
(XL of 1981)
[29 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.
(2) It extends to [2][whole]
of [3][the
(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,–
[5][(a) “Chairman” means
the Chairman of the Provincial Council;]
(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;
[6][(gg) “Government” means Government of the
[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;]
(i) [8][* * * * * * * * * * * *]
(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
[11][(l) “Secretary” means the Secretary of the
Council.]
[12][3. * * * * * * * * * * * * *]
[13][4. * * * * * * * * * * * * *]
[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
(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
(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][three
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 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;
[27][(b) all grants, if made by the Federal Government, Government or
local bodies; and]
(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.
19. Delegation of
power.– (1) [30][*
* * * * * *]
[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.
(2) [33][*
* * * * * * *]
[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).
[3]Substituted for the word “
[4]Substituted for the words “Federal Government” by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012).
[5]Substituted 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).
[7]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[8]Omitted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[9]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012) for the words “Federal
Government”.
[10]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012) for the words “Provincial
Government”.
[11]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[12]Section 3 “National
Council” omitted by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (XIII of 2012).
[13]Section 4 “Functions
of the National Council” omitted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[14]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[15]Inserted by
the
[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).
[18]The words “National Council or a” omitted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012).
[19]Substituted first by the Disabled Persons (Employment
and Rehabilitation) (Amendment) Act 2012 (XIII of 2012) for the words “one
percent” and then by the Punjab Disabled Persons (Employment and
Rehabilitation) (Amendment) Act, 2015 (XX of 2015) for the words “two percent”.
[20]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012), for the words “Federal
Government”.
[21]Substituted by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012), for the words “Provincial Government”.
[22]Substituted for the words “Provincial Government” by
the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII
of 2012).
[23]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012), for the words “National
Council”.
[24]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012), for the words “National
Council”.
[25]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012), for the words “National
Council”.
[26]Substituted for the words “Federal Government” by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012).
[27]Clause (b) substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012).
[28]Sub-section (2) substituted by the Disabled Persons (Employment and Rehabilitation)
(Amendment) Act 2012 (XIII of 2012).
[29]Substituted by the Disabled Persons (Employment and
Rehabilitation) (Amendment) Act 2012 (XIII of 2012), for “Federal Government”.
[30]Omitted by
the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII
of 2012), for
“Federal Government”.
[31]Substituted by
the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII
of 2012), for
“Federal Government”.
[32]Substituted for the words “Federal Government” by the
Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012).
[33]Omitted by
the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII
of 2012), for
“Federal Government”.