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  "title": "Disabled Persons (Employment and Rehabilitation) Ordinance, 1981",
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  "text": "Page 1 of 9 \r\n \r\n \r\n \r\n \r\n THE DISABLED PERSONS (EMPLOYMENT AND \r\nREHABILITATION) ORDINANCE, 1981. \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  National council \r\n4.  Functions of the National Council \r\n5.  Provincial Councils \r\n6.  Functions of the Provincial Councils \r\n7.  Meetings of the Councils \r\n8.  Duties of Secretary \r\n9.  Appointment of Committee \r\n10.  Establishments to employ disabled persons \r\n11. Establishment to pay the fund \r\n12.  Registration of disabled persons \r\n13.  Establishment of training centers \r\n14.  Establishments to furnish information \r\n15.  Power to debar further employment \r\n16.  Appeal \r\n17.  Fund \r\n18.  Power to exempt  \r\n\r\n  \r\nPage 2 of 9 \r\n \r\n19.  Delegation of power \r\n20.  Penalty \r\n21.  Cognizance of offences, etc. \r\n22.  Power to make rules  \r\n \r\n  \r\nPage 3 of 9 \r\n \r\nTHE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) \r\nORDINANCE, 1981. \r\n \r\nORDINANCE No. XL OF 1981 \r\n[29th December, 1981] \r\nAn Ordinance to provide for the employment, rehabilitation and welfare of disabled persons. \r\nWHEREAS it is expedient to provide for the employment rehabilitation and welfare of \r\ndisabled persons and for matters connected therewith. \r\nAND WHEREAS the president is satisfied that circumstances exist which render it necessary \r\nto make immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read \r\nwith the Provisional Constitution Order, 1981 (C.M.L.A. Order No.1 of 1981), and in exercise of all \r\npowers enabling him in that behalf, the President is pleased to make and promulgate the following \r\nOrdinance :— \r\n1. Short title, extent and commencement.—(1) This Ordinance may be called the Disabled \r\nPersons (Employment and Rehabilitation) Ordinance, 1981. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force on such 1day as the Federal Government may, by notification in \r\nthe official Gazette, appoint. \r\n2. Definitions. In this Ordinance unless there is anything repugnant in the subject or \r\ncontext,— \r\n(a)  “Chairman” means the Chairman of the National Council or, as the case may \r\nbe, the Provincial Council; \r\n(b)  “commercial establishment” and “industrial establishment” shall have the \r\nsame meaning as in the West Pakistan Industrial and Commercial \r\nEmployment (Standing Orders) Ordinance, (W.P. Ordinance No. VI of 1968) \r\n1968. \r\n(c)  “disabled person” means a person who, on account of injury, disease or \r\ncongenital deformity, is handicapped for undertaking gainful profession or \r\nemployment in order to earn his livelihood, and includes a person who is \r\nblind, deaf, physically handicapped or mentally retarded; \r\n(d)  “disease “includes the physical or mental condition arising from the imperfect \r\ndevelopment of any organ ; \r\n(e)  “employee “ means a regular or whole -time employee whether employed on \r\ndaily, weekly or monthly basis, and includes an apprentice; \r\n \r\n \r\n1 i.e., on the 28th April 1982, by S.R.O. 749(I)/82, dt. 28-4-1982, see Gaz., of P. 1982, Ext., Part II, p. 1275. \r\n  \r\nPage 4 of 9 \r\n \r\n (f)  “establishment” means a Government establishment, a commercial \r\nestablishment or an industrial establishment, in which the number of workers \r\nemployed at any time during a year is not less than one hundred ; \r\n(g)  “Fund” means the Rehabilitation of Disabled Persons Fund established under \r\nsection 17 ; \r\n(h)  “Government establishment “ includes any autonomous or semi-autonomous \r\nbody, university, college, professional school and any organization controlled \r\nor managed by the Federal Government or a Provincial Government ; \r\n(i)  “National Council” means the National Council established under section 3; \r\n(j)  “prescribed “ means prescribed by rules made by the Federal Government or, \r\nas the case may be, the Provincial Government ; \r\n(k)  “Provincial Council “means a Provincial Council established under section 5; \r\nand \r\n(1)  “Secretary “means the Secretary of the National Council or, as the case may \r\nbe, the Provincial Council. \r\n3. National council.—The Federal Government shall, by notification in the official Gazette, \r\nestablish a Council to be called the National Council for the Rehabilitation of Disabled Persons \r\nconsisting of the following members, namely :— \r\n(a)  the Secretary, Ministry of Health and Social Welfare, who shall also be its \r\nChairman; \r\n(b)  One representative each of the three Armed Forces; \r\n(c)  One representative of the Manpower Division; \r\n(d)  One representative of the Labour Division; \r\n(e)  One representative of the Health Division; \r\n(f)  One representative of the Education Division; \r\n(g) One representative of the Communications Division; \r\n(h)  One representative of the Ministry of Water and Power; \r\n(i)  One representative of the Ministry of Petroleum and Natural Resources; \r\n(j)  One representative of the Industries Division; \r\n(k)  One representative of the Planning Division; \r\n(1)  a nominee of the Administrator-General Zakat; \r\n(m)  four persons to be nominated by the Federal Government from amongst the \r\npersons engaged in the welfare of disabled persons; \r\n  \r\nPage 5 of 9 \r\n \r\n(n)  one representative of the National Council of Social Welfare; \r\n(o)  one representative of the registered trade unions, to be nominated by the \r\nLabour Division; and \r\n(p)  the Deputy Secretary, Health and Social Welfare Division dealing with social \r\nwelfare, who shall also be the Secretary of the National Council. \r\n4. Functions of the national council.— (1) Subject to any directions given by the Federal \r\nGovernment, the National Council shall— \r\n(a)  formulate policy for the employment, rehabilitation and welfare of the \r\ndisabled persons ; \r\n(b)  evaluate, assess and co-ordinate the execution of its policy by the Provincial \r\nCouncils ; and \r\n(c)  have overall responsibility for the achievement of the purposes of this \r\nOrdinance. \r\n(2) Without prejudice to the generality of the provisions of sub-section (1) the policy may \r\nrelate to— \r\n(a)  the survey of the disabled persons in the country who are desirous of being \r\nrehabilitated ; \r\n(b)  the medical examination and treatment of the disabled persons ; \r\n(c)  the providing of training to the disabled persons ; \r\n(d)  the taking of such other measures as are necessary for carrying out the \r\npurposes of this Ordinance. \r\n5. Provincial Councils. Each Provincial Government shall by notification in the official \r\nGazette, establish a Council to be called the Provincial Council for the Rehabilitation of Disabled \r\nPersons consisting of the following members, namely:— \r\n(a)  the Secretary, Social Welfare Department, who shall also be its Chairman ; \r\n(b)  the Secretary, Labour Department ; \r\n(c)  one representative of the Planning and Development Department ; \r\n(d)  one representative of the Manpower Department ; \r\n(e)  one representative of the Health Department ; \r\n(f)  one representative of the Education Department ; \r\n(g)  one representative of the Communications Department ; \r\n(h)  one representative of the Water and Power Department ; \r\n  \r\nPage 6 of 9 \r\n \r\n(i)  one representative of the Chamber of Commerce ; \r\n(j)  Chief Administrator of Zakat ; \r\n(k)  one representative of the Social Welfare Council ; \r\n(1)  one representative of the Social Services Board ; \r\n(m)  one representative of the registered Trade Unions to be nominated by the \r\nLabour Department ; \r\n(n)  four persons nominated by the Provincial Government from amongst the \r\npersons engaged in the welfare Work of disabled persons ; and \r\n(o)  Director, Social Welfare Department, who shall also be the Secretary of the \r\nProvincial Council. \r\n6. Functions of the Provincial Councils. Subject to any directions given by the National \r\nCouncil the Provincial Council shall— \r\n(a)  execute the Policy made by the National Council for the employment, \r\nrehabilitation and welfare of the disabled persons; \r\n(b)  undertake appropriate projects for these purposes; \r\n(c)  issue directions to the Employment exchanges and other bodies for the \r\nimplementation of the projects; and \r\n(d)  from time to time take stock of the extent of functional disabilities of disabled \r\npersons. \r\n7. Meetings of the Councils.— (1) The meetings of the National Council or a Provincial \r\nCouncil shall be held at such times and at such places as the Chairman thereof may direct and shall \r\nbe presided over by such Chairman. \r\n(2) The meetings of the National Council or a Provincial Council shall be conducted in \r\naccordance with such procedure is may be prescribed, and until such procedure is prescribed, in such \r\nmanner as the Chairman thereof may direct. \r\n(3) The powers and functions of the Chairman shall, in his absence, be exercised and \r\nperformed by such member of the National Council or the Provincial Council as the Chairman there \r\nof may appoint. \r\n(4) The quorum to constitute a meeting of the National Council or a Provincial Council shall \r\nbe four. \r\n(5) All orders and decisions of the National Council or a Provincial Council shall be \r\nauthenticated by the signature of the Chairman thereof or the persons authorised by him. \r\n8. Duties of Secretary. The Secretary shall exercise such powers and perform such functions \r\nas may be assigned to him by the Chairman. \r\n  \r\nPage 7 of 9 \r\n \r\n9. Appointment of Committee. The National Council or a Provincial Council may appoint \r\nsuch Committee consisting of such of its member as it thinks fit, and may refer to them any matter \r\nfor consideration and report: \r\nProvided that the Council may, if it considers necessary co-opt any person to a Committee. \r\n10. Establishments to employ disabled persons.— (1) Not less than one percent of the total \r\nnumber persons employed by an establishment at any time shall be disabled persons whose names \r\nhave been registered with the employment Exchange of the area in which such establishment is \r\nlocate and against whose names in the register maintained under section 12 an endorsement exists to \r\nthe effect that they are fit to work. \r\n(2) The disabled persons employed against any post in pursuance of sub-section (1) shall be \r\nentitled to the terms and conditions which are not less favourable than those of the other persons \r\nemployed by the establishment against similar posts. \r\n(3) When calculating the percentage of the posts in an establishment for the purposes of \r\nemployment of disabled persons, the fraction of 0.5 and above shall count as a whole number. \r\n11. Establishment to pay to the Fund. An establishment which does not employ a disabled \r\nperson as required by section 10 shall pay in to the Funds each month the sum of money it would \r\nhave paid as salary or wages to a disabled person had he been employed. \r\n12. Registration of disabled persons.—(1) Any disabled person desirous of being employed \r\nor otherwise rehabilitated may have his name registered in the register maintained by an \r\nEmployment Exchange in such form and in such manner as may be prescribed by the Federal \r\nGovernment; and the Employment Exchange shall refer all names so registered to the Provincial \r\nCouncil. \r\n(2) The Provincial Council shall, if it thinks necessary, cause each disabled person registered \r\nunder sub-section (1) to be assessed as to the nature of his functional disability and also as to his \r\naptitude and the nature of work he is fit to do by a medical officer authorised by it in his behalf or by \r\nsuch assessing board consisting of not less than one medical officer as it may appoint, and the \r\nmedical officer or, as the case may be, the assessing board shall submit its report to the Provincial \r\nCouncil in such form as may be prescribed by the Provincial Government. \r\n(3) If the disabled person is considered by the Provincial Council fit to work, it shall so \r\ninform the Employment Exchange, indicating the nature of work for which he may be employed or \r\nthe trade or vocation in which he may be trained, and an endorsement to that effect shall be made \r\nagainst his name in the register. \r\n(4) If the disabled person is not considered by the Provincial Council fit to work, the \r\nProvincial Council shall inform the Employment Exchange accordingly for an endorsement to that \r\neffect being made against his name in the register, and the Provincial Council shall take such \r\nmeasures for his rehabilitation as it thinks fit. \r\n(5) If a person is declared by the Provincial Council not to be a disabled person, his name \r\nshall be struck off the register. \r\n13. Establishment of training centers. The Provincial Council shall arrange for the training \r\nof disabled persons in such trades or vocations as it thinks fit, and shall establish training centres in \r\nsuch trades or vocations and in such manner as may be prescribed by the Provincial Government. \r\n  \r\nPage 8 of 9 \r\n \r\n14. Establishments to furnish information. Every Establishment shall furnish to such \r\nperson or authority such information required for the implementation of the provisions of this \r\nOrdinance in such form and in such manner as the National Council may, by notification in the \r\nofficial Gazette, specify. \r\n15. Power to debar further employment.— (1) The Provincial Council may debar from \r\nfurther employment or training for such period as may be specified by it any disabled person who, \r\nwithout valid reason, refuses to accept or abandons his employment or training under this Ordinance \r\nof otherwise acts in a manner detrimental to the interests of the trade or profession in which he is \r\nemployed or undergoing training. \r\n(2) No disabled person shall be debarred under sub-section (1) unless he has been given an \r\nopportunity of being heard. \r\n16. Appeal.— (1) Any person aggrieved by an order under section 15 may prefer an appeal \r\nto the National Council within thirty days of the date of the order. \r\n(2) The National Council may call for the record of the case and may, after giving the parties \r\nan opportunity of being heard or after making such further enquiry as it thinks fit, stay or suspend the \r\noperation of the order or may pass such order as it thinks fit. \r\n17. Fund. There shall be established by the Federal Government a Fund to be known as the \r\nDisabled Persons Rehabilitation Fund which shall comprise— \r\n(a)  all sums paid by the establishment under section 11; \r\n(b)  all grants if any made by the Federal Government, Provincial Governments or \r\nlocal bodies ; and \r\n(c)  donations, if any, made by private individuals. \r\n(2) The Fund shall be administered by the National Council which shall, in consultation with \r\nthe Federal Government, make such allocations to the Provincial Councils as it thinks necessary. \r\n(3) The Fund shall be utilized for— \r\n(a)  the establishment of training centres for disabled persons ; \r\n(b)  financial assistance to disabled persons who are not fit to undertake any \r\nemployment ; \r\n(c)  disbursement of stipends or scholarships to disabled persons receiving \r\ntraining; \r\n(d)  the welfare of disabled persons ; and \r\n(e)  providing artificial limbs, surgical therapy and medical treatment to disabled \r\nperson. \r\n18. Power to exempt. The Federal Government may, by notification in the official Gazette, \r\nexempt any establishment or class of establishments from the operation of all or any of the \r\nprovisions of this Ordinance. \r\n  \r\nPage 9 of 9 \r\n \r\n19. Delegation of power.— (1) The National Council may delegate all or any of its powers \r\nunder this Ordinance to any of its members or to a Provincial Council, subject to such conditions as \r\nit may specify. \r\n(2) The Provincial Council may delegate all or any of its powers under this Ordinance, \r\nincluding any of the powers delegated to it under sub-section (1) to any of its members, subject to \r\nsuch conditions as it may specify. \r\n20. Penalty. Any establishment which fails to pay into the Fund any sum it is required to pay \r\nunder section 11 shall be punishable with fine which may extend to one thousand rupees and. in the \r\ncase of non-payment of fine, with an additional fine which may extend to ten rupees for every day \r\nduring which the payment of fine is not made. \r\n21. Cognizance of offences, etc.— (1) No court inferior to that of a Magistrate of the first \r\nclass shall try an offence punishable under this Ordinance. \r\n(2) No court shall take cognizance of an offence punishable under this Ordinance except upon \r\na complaint in writing made by, or under the authority of, the National Council or the Provincial \r\ncouncil. \r\n22. Power to make rules.— (1) The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Ordinance. \r\n(2) The Provincial Government may, by notification in the official Gazette, make rules not \r\ninconsistent with the rules made under sub-section (1) for carrying out the purposes of this \r\nOrdinance. \r\n \r\n___________",
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