31. Free education for children with benchmark disabilities. - (1) Notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2009, every child with benchmark disability between the age of six to eighteen years shall have the right to free education in a neighborhood school, or in a special school, of his choice.
(2) The appropriate
Government and local authorities shall ensure that every child with benchmark
disability has access to free education in an appropriate environment till he
attains the age of eighteen years.
32. Reservation in
higher educational institutions. - (1) All Government institutions of higher education
and other higher education institutions receiving aid from the Government shall
reserve not less than five per cent. seats for persons with benchmark
disabilities.
(2) The persons
with benchmark disabilities shall be given an upper age relaxation of five
years for admission in institutions of higher education.
33. Identification
of posts for reservation. - The appropriate Government shall-
(i) identify posts in the establishments which can be held
by respective category of persons with benchmark disabilities in respect of the
vacancies reserved in accordance with the provisions of section 34;
(ii) constitute an expert committee with representation of
persons with benchmark disabilities for identification of such posts; and
(iii) undertake periodic review of the identified posts at
an interval not exceeding three years.
34. Reservation. - (1) Every appropriate Government
shall appoint in every Government establishment, not less than four per cent.
of the total number of vacancies in the cadre strength in each group of posts
meant to be filled with persons with benchmark disabilities of which, one per
cent. each shall be reserved for persons with benchmark disabilities under
clauses (a), (b) and (c) and one per cent. for persons with benchmark
disabilities under clauses (d) and (e), namely:-
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy
cured, dwarfism, acid attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning
disability and mental illness;
(e) multiple disabilities from amongst persons under clauses
(a) to (d) including deaf-blindness in the posts identified for each
disabilities:
Provided that the
reservation in promotion shall be in accordance with such instructions as are
issued by the appropriate Government from time to time:
Provided further
that the appropriate Government, in consultation with the Chief Commissioner or
the State Commissioner, as the case may be, may, having regard to the type of
work carried out in any Government establishment, by notification and subject
to such conditions, if any, as may be specified in such notifications exempt
any Government establishment from the provisions of this section.
(2) Where in any
recruitment year any vacancy cannot be filled up due to nonavailability of a
suitable person with benchmark disability or for any other sufficient reasons,
such vacancy shall be carried forward in the succeeding recruitment year and if
in the succeeding recruitment year also suitable person with benchmark
disability is not available, it may first be filled by interchange among the
five categories and only when there is no person with disability available for
the post in that year, the employer shall fill up the vacancy by appointment of
a person, other than a person with disability:
Provided that if
the nature of vacancies in an establishment is such that a given category of
person cannot be employed, the vacancies may be interchanged among the five
categories with the prior approval of the appropriate Government.
(3) The appropriate
Government may, by notification, provide for such relaxation of upper age limit
for employment of persons with benchmark disability, as it thinks fit.
35. Incentives to
employers in private sector. - The appropriate Government and the local authorities
shall, within the limit of their economic capacity and development, provide
incentives to employer in private sector to ensure that at least five per cent.
of their work force is composed of persons with benchmark disability.
36. Special
employment exchange. - The
appropriate Government may, by notification, require that from such date, the
employer in every establishment shall furnish such information or return as may
be prescribed by the Central Government in relation to vacancies appointed for
persons with benchmark disability that have occurred or are about to occur in
that establishment to such special employment exchange as may be notified by
the Central Government and the establishment shall thereupon comply with such
requisition.
37. Special schemes
and development programmes. - The appropriate Government and the local authorities shall, by
notification, make schemes in favour of persons with benchmark disabilities, to
provide,-
(a) five per cent. reservation in allotment of agricultural
land and housing in all relevant schemes and development programmes, with
appropriate priority to women with benchmark disabilities;
(b) five per cent. reservation in all poverty alleviation
and various developmental schemes with priority to women with benchmark
disabilities;
(c) five per cent. reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres.