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ICT Rights of Persons with Disability Act, 2020

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THE ICT RIGHTS OF PERSONS WITH DISABILITY ACT, 2020

THE ICT RIGHTS OF PERSONS WITH DISABILITY ACT, 2020 ACT NO. XXXV OF 2020 [22nd September, 2020]

AN ACT to promote, protect and effectively ensure the rights and inclusion of persons with disabilities in the communities in line with the Islamic Injunctions and provisions of the Constitution of the Islamic Republic of Pakistan to advance efforts for recognition of their respect and dignity in the society; WHEREAS it is expedient to put in place legal and institutional framework to protect the rights of persons with disabilities in general and women, children and the elderly in particular, as called for by the United Nations Convention on the Rights of Persons with Disabilities, as well as other human rights treaties and conventions to which Pakistan is a state party; It is hereby enacted as under:—

PART I

PRELIMINARY

Section 1. Short title, extent and commencement

(1) This Act may be called the ICT Rights of Persons with Disability Act, 2020.

(2) It shall extend to the whole of the Islamabad Capital Territory (ICT).

(3) It shall come into force at once.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or contest,—

(a) “access” means meaningful and effective access to various physical and intangible means made suitable to fulfill special needs of persons with disabilities;

(b) “barriers” means physical, social, psychological, communication, information, legal or attitudinal hurdles in the way to access to infrastructure and services meant for general public;

(c) “Constitution” means the Constitution of the Islamic Republic of Pakistan;

(d) “Council” means the Council on Rights of Persons with Disabilities constituted under this Act;

(e) “Court” means the special disability court established under section 32;

(f) “disability” means a long term physical or mental condition that limits a person’s movements, senses or activities and shall include physical, mental, intellectual and developmental disorders or sensory impairments which in interaction with participate fully and effectively in day to day performance and interaction with others on an equal basis;

(g) “discrimination” on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, denial of reasonable accommodation;

(h) “equality before law” includes principles of quality on equitable basis that persons with disability shall have in line with the Constitution and international covenants in which Pakistan is a party;

(i) “freedom of movement” shall have the same meaning as expressed in Article 15 of the Constitution;

(j) “Fund” means the fund established under section 28;

(k) “independent living” means environment to live with freedom, self-control, choice and self-determination in everyday life;

(l) “misconduct” shall have the same meaning as defined in the Government Servants (Efficiency and Discipline) Rules, 1973.

(m) “mobility” means the possible independent for persons with disabilities with access to quality mobility aids, devices, assistive technologies and forms of assistance and intermediaries, including by making them available at affordable cost; and

(n) “reasonable accommodation” means necessary and appropriate modification where needed in a particular case, to ensure that the persons with disabilities enjoy or exercise on an equal basis with others of all human rights and fundamental freedoms at home, workplace and in social life.

PART II

RIGHTS OF PERSONS WITH DISABILITIES

Section 3. Equality and non-discrimination of persons with disability

(1) The government shall ensure that every person with disability shall have a right to be respected for his individual dignity and lead a decent life with equal opportunity to participate in educational, social, economic, cultural and all other activities in the society without any discrimination.

(2) No person or institution, whether public or private, shall discriminate against persons with disabilities or violate their rights or restrict benefits in any manner.

(3) The government shall take all necessary legal and administrative steps including appropriate changes in the existing laws, to ensure that every person with disabilities enjoy a life inclusive of the right of equality guaranteed under the Constitution and that such person’s disability shall not be used by any person or institution to restrain or restrict him from enjoying his rights unless there is a reasonable cause that not restricting such person may cause him harm or letting him perform something may be out of his physical or mental capacity.

(4) In view of restricted access of the persons with disabilities to means of earning their livelihood independently, the government shall take extra- ordinary steps to ensure their effective inclusiveness in the society through suitable education, skill development, training and placement against appropriate positions in the government departments and entities in the private sector according to the allocated quota.

(5) No person with disability shall be a subject of any research without his willingness or consent without any pressure and such research shall be through using accessible modes, means and formats of communication.

Section 4. Equality before law

(1) The government shall ensure that the persons with disabilities are treated equally like persons without such disabilities and that they are not discriminated in exercise of their rights.

(2) It shall be ensured that such persons have legal capacity to enjoy their rights and if they need support to exercise legal capacity such support is provided to them free of cost.

Section 5. Right to privacy

(1) Every person with disabilities shall have right to privacy as available to all citizens regardless of his living in a private home, rehabilitation centre, hostel or any private or public accommodation.

(2) No person with disabilities regardless of place of residence or living arrangements shall be subjected to arbitrary or unlawful interference with his privacy of person, family, home and communication or correspondence. Such persons shall have the right to the protection of the law against any illegal interference and attack against their person, family, property and reputation.

Section 6. Women, children, elderly people and transgender with disabilities

(1) In view of the extra-ordinary vulnerability of women, children, senior citizens and transgender with disabilities, the government shall in prescribed manner take special measures to ensure that such women, children, senior citizens and transgenders with disabilities are given full protection under law in enjoying their rights.

(2) The government as well as the private sector shall in the prescribed manners take necessary measures to ensure development, advancement and empowerment of women, children, senior citizens and transgender with disabilities.

Section 7. Ease of access and mobility

(1) The government as well as the private sector shall take necessary measures towards allowing ease of access to the persons with disabilities to public buildings, hospitals, recreational facilities, public transport, streets and roads for which the old buildings and vehicles shall be appropriately modified and new buildings and vehicles shall be built conforming to appropriate standards in conformity with guidelines developed by the Council:

Provided that the government shall ensure accessible washrooms, toilets and bathrooms with all the facilities and necessary accessories.

(2) The Council shall develop a guideline on removing barriers and obstacles to access in buildings, roads, mode of transportation, housing, hospitals, schools, workplaces, communication and information related services, recreational spaces, parks and also public washrooms and get those implemented by the concerned authorities and persons both in public and private sectors.

(3) The Council shall develop a set of minimum standards and scope of access and related signage that each department, authority, entity and major enterprise shall put in place to ensure necessary access of persons with disabilities.

(4) The government shall implement policies and programs to promote the personal mobility of persons with disabilities at affordable cost or free.

(5) The government shall ensure special seats in all means of transport for persons with disabilities and allot parking space exclusively for persons with disabilities at all public and private places.

(6) The Council shall develop and enforce guidelines allowing persons with disabilities to have full and appropriate access to all forms of mass communication including information technology to

enjoy freedom of speech and freedom of information. A national relay system may be established to standardize mechanism understandable consistently across the country.

Section 8. Protection from abusive, violent and intolerant discriminatory behavior

(1) The government shall take all possible steps to protect persons with disabilities from all forms of abuse, violence and exploitation at the hands of any person, institution or authority.

(2) Whenever an act of abuse, violence and intolerant discriminatory behavior is committed against any person with disability and the information of such act is communicated to the Council or any law enforcement agency, the concerned agency on receipt of such information shall immediately take necessary action to investigate and curb such act and to take appropriate measures under law to lodge the victim of abuse, violence or intolerance, to a safe place for protected housing. No cost shall be recovered from such victim for lodging in safe place in such situation.

(3) Notwithstanding the provisions of any law for the time being in force, an act of physical violence against a person with disability causing even a minor injury shall be deemed as grievous injury and shall be treated as an act of violence under section 335 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and shall attract punishment accordingly. Other situation of aggravated abuse and violence shall also be deemed to have more gravity than in case of a person without disabilities.

(4) In case of need for legal aid such aid shall be made available to such affected person at public expense or prevent its occurrence, as the case may be, or pass such order as deemed fit for the protection of such person with disability.

Section 9. Equity in education

(1) The government shall take all necessary measures to ensure that persons with disabilities are afforded equal rights to access government as well as private educational institutions and shall be provided with appropriate facilities for their education without any discrimination.

(2) The government shall provide free pre-primary to higher education to persons with disabilities.

(3) The government shall take necessary measures to establish special educational institutions for persons with moderate to severe disabilities to cater to their special needs, in addition to making other institutions reasonably equipped and staffed to provide appropriate facilities for inclusive education to such persons in those general educational institutions.

(4) Persons with disabilities shall not be denied admission into any educational institution, whether state owned or private, on ground of their disabilities.

(5) It shall be illegal for an institution and its staff members to discriminate against or abuse or otherwise violate rights of a person with disability at his place of education for which both the institution and such violating person shall be punished.

(6) The government shall ensure inclusive education focusing on personality, development, creativity and strengthening of physical and mental capabilities of persons with disabilities.

(7) Reasonable and appropriate accommodation shall be provided to persons with disabilities in educational institutions including hostels, where applicable.

(8) The government shall establish adequate dedicated and general facilities for teacher training with a view to train adequate number of specially trained teachers equipped with skills to teach students with various disabilities.

(9) The government shall ensure that all persons with disabilities are given full access to all modes and means of education including but not limited to vocational training, online education distance learning and adult education.

Section 10. Equity in the employment

(1) No person, institution, organization or entity, whether public or private, shall discriminate against a person on the ground of disability in the matters of employment, promotion, career development and enjoying fruits of his employment.

(2) The employer shall ensure the provision of reasonable accommodation including necessary assistive aid and equipment which a person with disabilities would reasonably require to perform his duties.

(3) The government shall reserve an employment quota as prescribed by the Federal Government to be periodically reviewed, at various levels for persons with disabilities in government departments, institutions, entities and corporate entities owned and managed by the government and the concerned department shall implement the allocated quota.

(4) The government shall take necessary steps to encourage private enterprises to employ persons with disabilities through incentives for which the government shall prepare long term inclusion plans and allocate necessary resources.

(5) The terms and conditions of employment shall not be less favorable for persons with disabilities as compared with those offered to other persons appointed against same or similar positions.

(6) An establishment which does not employ persons with disabilities as required by sub- section (3) shall pay into the Fund each month the sum of money it would have paid as salary or wages to a person with disabilities had he been employed. In the event of non-payment or non-compliance, the matter shall be brought before an arbitration council to be established for the purpose by the Council.

Section 11. Equity in health and medical rehabilitation services

(1) The government shall ensure barrier free access to necessary public health services and infrastructure to persons with disabilities without any discrimination and without any cost to such persons.

(2) The Council shall devise plans to provide special health insurance to persons with disabilities to ensure free medical coverage to such persons.

(3) The government shall encourage private sector health services providers through appropriate incentives to provide quality services to persons with disabilities at affordable rates or

free.

(4) Special health service for early identification and intervention of disabilities and medical services especially designed to prevent disability shall be implemented.

(5) The government shall initiate with the help of medical and scientific community, research

to identify causes of various disabilities and make efforts to create awareness in public to adopt practices that help prevent disabilities from happening.

(6) The government shall in respect of person with disabilities undertake initiatives to promote support and implement community based rehabilitation and research initiatives at the community

level.

Section 12. Right to live independently in community

(1) The persons with disabilities shall have equal right to live independently in the community. Such persons shall be provided with all necessary facilities by the government without discrimination to enable them to live independently.

(2) The government shall take necessary preventive measures to ensure that persons with disabilities are not excluded or segregated from the community on basis of their disability and that their access to communal facilities and services is restriction free.

(3) The government may also take necessary measures to enable the person with disabilities to have access to a range of in-house, residential and other community support services including personal assistance service necessary to support living and inclusion in community.

Section 13. Right of living

(1) Every person with disability shall have right to a decent place of living of his choice and no person shall discriminate against a person with disability by way of refusing to rent him or sell to a place of living because of him being a person with disability.

(2) The government shall evolve a policy towards fair and affordable housing for persons with disabilities in government owned, sponsored or assisted projects and also in the private housing schemes. The authorities approving establishment of new housing schemes and plans shall ensure that appropriate number of affordable housing units are included in each such scheme or plan.

(3) The government may set up and maintain decent housing facilities for the persons with disabilities who do not have a place to live and need a decent temporary shelter. The Council shall with the help from the authorities of the Federal Capital, civil society organizations and society at large assist to arrange temporary shelter for such persons.

Section 14. Right to home and family

(1) No person with disability especially a child or adult or senior citizen shall be separated from his family on the grounds of disability unless a court of law requires him to be so separated in his best interest.

(2) Where the immediate family of person with disability is unable to cater a person with disability, especially a child with disabilities, the Court shall make effort to place such person at a setup suitable for his safe living.

(3) All persons with disabilities shall have the right to marry a person of their own choice and raise their family without any discrimination.

(4) No person with disability shall be subjected to any medical procedure leading to infertility and forced sterilization shall be a non- compoundable offence.

(5) The government shall provide free services regarding reproductive health especially to women with disabilities.

Section 15. Freedom of expression and information

(1) The government shall ensure that persons with disabilities have full and equitable rights regarding freedom of speech, right to expression and information and effective measures shall be taken for their such rights to be enjoyed.

(2) The Council shall take necessary measures to convey the voice of persons with disabilities and their organizations across the governments, civil society and international community.

(3) The Council shall encourage the state and private run electronic and print media to promote awareness on the rights of persons with disabilities through public service messages and programming inclusive for all types of disabilities.

(4) The government may provide advertisements to publications dedicated for persons with disabilities.

(5) The government shall ensure that all websites hosted by Pakistani website service providers are accessible for persons with disabilities.

Section 16. Right of political participation

(1) Persons with disabilities shall have full right to participate in the political activity in the country including exercising right of vote and right to be elected to an elected body.

(2) The Election Commission of Pakistan shall ensure that each polling station is accessible to persons with disabilities and necessary arrangements are made for them to cast their votes confidentially and without any difficulty. Any act by any person to cause restriction on exercise of right of vote by a person with disability shall be deemed as forceful obstruction as defined in the Elections Act, 2017 (XXXIII of 2017) and shall be prosecuted and punished accordingly.

(3) The Council shall, with the help of the Election Commission of Pakistan, educate political parties on the issues and problems of the persons with disabilities.

(4) The Election Commission of Pakistan shall be mandated to develop voter’s accessibility mechanism for persons with disabilities such as brail voting paper etc.

Section 17. Access to justice

The government shall ensure that persons with disabilities are

provided with assistance, including sign language interpreters and attendants to access to the justice system.

Section 18. Right to own property

Persons with disabilities shall not be denied the right to own, sell or inherit property.

Section 19. Participation in sports, cultural and recreational activities

(1) The government shall ensure that no person is discriminated against in participation of any sports, games, cultural and recreational activities on ground of his disability. Assistive devices, equipment and latest technology shall be made available for their inclusion in sports, cultural, recreational and leisure activities. One seat for persons with disabilities in the sports board shall be ensured and the government shall ensure linkages of the monitoring mechanism for para olympics and special olympics sports association.

(2) Access to cultural materials, programs and activities shall be provided in accessible and appropriate formats to persons with disabilities.

(3) Barrier-free and discrimination-free access to media programs, films, theaters, parks, stadiums, play grounds, beaches and other places of leisure, recreation, sports and cultural activities shall be provided to such persons with disabilities.

(4) The government shall facilitate participation of persons with disabilities in scouting, art classes, outdoor camps, hunting, tourism and adventure activities and shall also help to develop and utilize their artistic, creative and intellectual capabilities.

(5) The government shall ensure that talent-enhancing abilities in both public and private schools including sports activities are developed.

(6) The government shall ensure that courses and activities are designed to promote arts and culture to enhance talent of persons with disabilities.

(7) The government shall take steps so that access to cultural materials, programs and activities in accessible and appropriate formats to persons with disabilities are ensured.

Section 20. Protection of persons with disabilities in risk and disaster situation

(1) All persons with disabilities shall be given top priority in providing suitable protection and safety in situations of risk and natural disaster and shall immediately be removed from such areas and moved to a safe place on priority.

(2) In situations of armed conflict, the police, civil armed forces and the armed forces shall take appropriate measures on priority to ensure safety, protection and removal of such persons.

(3) All authorities engaged in reconstruction activity subsequent to any situation of armed conflict, humanitarian emergencies or natural disaster shall ensure that persons with disabilities are accorded priority in reconstructing their institutions, homes and other facilities and restoring services.

(4) The Council shall keep a close coordination with the disaster management authorities for protection and removal to safety and keep record of such persons caught in such situation and ensure early rehabilitation.

(5) Needs and concerns of persons with disabilities should be included in disaster risk reduction.

PART III

ADMINISTRATION OF RIGHTS

Section 21. Strengthening and reconstitution of the National Council for the Rehabilitation of Disabled Persons

(1) The National Council for the Rehabilitation of Disabled Persons constituted under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981) shall stand reconstituted as the Council on Rights of Persons with Disabilities and shall consist of-

(a) Minister–in-charge;

Chairperson

(b) Secretary of the Division allocated with business of this Act; Vice-Chairperson

(c) two members from the Senate, one each from government and the opposition;

Members

(d) two members from the National Assembly one each from government and the opposition;

Members

(e) one representative from Ministry of Information, Broadcasting, National History and Literary Heritage not below the rank of Joint Secretary;

Member

(f) one representative from Ministry of Finance, Revenue and Economic Affairs not below the rank of Joint Secretary; Member

(g) one representative from the Division allocated with business of education not blow the level of Joint Secretary; Member

(h) one representative from the Division allocated with the business of poverty alleviation and social safety not below the rank of Joint Secretary;

Member

(i) An officer not below the rank of a Joint Secretary of the Division to which business of this Act stands allocated; Member

(j) Chairman, Capital Development Authority (CDA); Member

(k) Chief Executive or Head of National Institute of Rehabilitation Medicine (NIRM);

Member

(l) three persons with disability. Members

(2) Member at clause (i) of sub-section (1) shall also act as Secretary of the Council.

(3) The Council may co-opt any person as a member.

(4) The government functionaries represented in the Council shall hold their memberships on ex-officio basis. The tenure of the members shall be three years.

(5) The Council shall meet at-least quarterly and the quorum of each meeting shall be one- fourth of the total number of the composition of the Council.

Section 22. Functions of the Council

(1) The Council shall have the responsibility to achieve and implement objectives of this Act and to assist the government in developing legal and institutional frame work.

(2) The Council shall be the executive authority to implement this Act, to develop a legal and social environment and to help persons with disabilities to have the protection of law in enjoying their fundamental rights.

(3) The Council shall, with the help of other authorities and persons, take all possible measures to protect persons with disabilities from discrimination, exploitation, torture, inhuman or degrading treatment on the hands of any one including their families and caregivers.

(4) The Council shall coordinate implementation of the principles of relevant convention at provincial and lower administrative levels through providing technical assistance to various organs of the provincial legislatures and governments in developing appropriate legal and institutional frameworks in their jurisdictions and making them achieve the objective of protection and enforcement of rights.

(5) The Council shall evaluate the effectiveness of laws and policies and assess the implementation of laws and policies at the national level and recommend to the government any changes required in the policies, laws and practices.

(6) The Council shall conduct or cause to conduct research on the status of persons with disabilities and matters related to the promotion and protection of their rights.

(7) The Council shall put into place an institutional mechanism to regularly monitor performance of various departments and organizations in the government and issue a performance score card to each such entity and organization at least once in every three years. Similarly, the Council shall devise and maintain score cards for private entities that seek such evaluation and assessment. Such performance audits shall be conducted by third party professionals and the employees of the Council.

(8) The Council shall assess its own performance in creating legal and social environment in the country and issue an annual status report at the end of every calendar year to present its report to the Parliament through Minister-in-charge.

(9) The Council shall be responsible to monitor the activities of private and community based organizations to ensure that required standards of service are maintained. The Council may enforce an institutional mechanism for effective, efficacious and transparent functions of such organizations and may impose restrictions on organizations not meeting the objective criteria laid down by it.

(10) The Council shall have the powers to address individual and collective complaints of violations of human rights of persons with disabilities.

Section 23. Registration of persons with disabilities

(1) Any person with disability desirous of being employed or otherwise rehabilitated may have his name registered in the register maintained by the Council or its designated office in such form and in such manner as may be prescribed by the Council.

(2) The Council shall, if it thinks necessary, cause each person with disability 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 authorized by it or by such assessing board as it may appoint having at least one medical officer and the medical officer or, as the case may be, the assessing board shall submit its report to the Council in such form as may be prescribed by the Council.

(3) If the person with disability is considered by the Council fit to work, he shall be informed 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 person with disability is not considered by the Council fit to work, he shall be informed accordingly for an endorsement to that effect being made against his name in the register and the Council shall take such measures for his rehabilitation as it thinks fit.

(5) If a person is declared by the Council not to be a disabled person, his name shall be struck off from the register.

Section 24. Establishments to employ persons with disabilities

(1) Not less than one percent of the total number of persons employed by an establishment at any time shall be persons whose names have been registered with the Council or its designated office of the area in which such establishment is located and against whose names in the register maintained under section 23 an endorsement exists to the effect that they are fit to work.

(2) The persons with disabilities 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 persons with disabilities, the fraction of 0.5 and above shall count as a whole number.

Section 25. Establishment to pay to the Fund

An establishment which does not employ a person with disability as required by section 24 shall pay into the Fund each month the sum of money it would have paid as salary or wages to a disabled person had he been employed.

Section 26. Dissolution of the Council

On the commencement of this Act, the council formed under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981(XL of 1981) shall stand dissolved and on such dissolution all assets, rights, powers, authorities and privileges and property, movable and immovable, cash and bank balance, reserve funds, investments and all other interests and rights in, or arising out of such property and all debts, liabilities and obligations of whatever kind of the dissolved council subsisting immediately before its dissolution shall stand transferred to and vest in the Council.

Section 27. Governmental authorities and other persons to assist the Council

(1) All the functionaries of the government shall extend full and effective cooperation to the Council in ensuring the enforcement of this Act and other laws for protecting the rights of the persons with disabilities.

(2) Any person in the governmental position not effectively cooperating with the Council shall be deemed to have committed misconduct and shall be proceeded against accordingly.

Section 28. Funds for rehabilitation

(1) The government may establish non-lapsable endowment fund for sustainably financing projects and activities related to ensuring effective rights protection and inclusion in society of persons with disabilities.

(2) The Fund established under sub-section (1) shall be called as ICT Disability Fund which shall be managed by the Council.

(3) The following shall be the sources of the Fund, namely:—

(a) Annual allocation and grants of funds from Federal Government;

(b) grants from international organizations, governments and other such bodies;

(c) levies and other charges that government imposes for rehabilitation;

(d) fines and penalties under this Act;

(e) donations and bequests by private persons; and

(f) any other source.

(4) The Fund established under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981) shall stand transferred alongwith all sums and moneys to the Fund established under sub-section (2).

Section 29. Creating public awareness

(1) The Council shall take immediate, appropriate and result oriented measures to raise awareness amongst the society as whole with regards to recognition and respect for persons with disabilities and their rights.

(2) The Council shall recommend to the Federal and Provincial Governments measures to include topics on disability in educational curriculum and to create awareness among young students about persons with disabilities.

(3) The government shall include topics on addressing problems of persons with disabilities in training programs of institutions responsible for imparting trainings to officers and officials of the government, including judges and court officials.

Section 30. Rehabilitation

(1) The government shall take all possible measures to ensure that persons with disabilities attain maximum independence and ability to participate in activities of life including getting education, doing business, getting employed and participating in sports and cultural activities.

(2) The government shall promote continuing skill development and training in existing advance skills and technologies to persons with disabilities for effective participation and integration in the community.

(3) The government shall undertake initiatives to promote, support and implement community based rehabilitation and research initiatives of its own.

Section 31. Insurance cover

(1) The Council may devise and put in place comprehensive group medical and accident insurance for persons with disabilities and may also facilitate such persons in getting affordable life and other forms of insurance.

(2) The Council may pay the premium for persons with disabilities who cannot pay the premium from their own sources.

Section 32. Special disability courts

(1) For speedy justice, the government may designate and may encourage provincial governments to designate, courts to hear cases under this Act or other laws in which one or more parties are persons with disabilities.

(2) There shall be an effective institutionalized mechanism to monitor cases in courts under sub-section (1) by appropriate judicial forums as devised by the respective High Court.

Section 33. Power to make rules

(1) The Council may, in consultation with the Federal Government and by notification in the official Gazette, make rules to carry out purposes of this Act.

(2) The rules made under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981(XL of 1981) so far as they are not inconsistent with the provisions of this Act shall continue to be in force until altered, amended or repealed.

Section 34. Power to make regulation

The Council may, by notification in the official Gazette, make regulations for its own efficient and professional working and for effective achievement of objectives of this Act.

PART IV

MISCELLANEOUS

Section 35. Removal of difficulties

If any difficulty arises in giving effect to any of the provisions of this Act, the Federal Government may make such order, not inconsistent with the provisions of this

Act, as may appear to be necessary for the purpose of removing the difficulty.

Section 36. Repeal

The Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981) is hereby repealed to the extent of the Islamabad Capital Territory.

________________

Print contents from the source
CONTENTS 
 
 
1.  Short title, extent and commencement. 
2.   Definitions. 
3.    Equality and non-discrimination of persons with disability. 
4.    Equality before law. 
5.    Right to privacy. 
6. Women, children, elderly people and transgender with disabilities. 
7.    Ease of access and mobility. 
8.    Protection from abusive, violent and intolerant discriminatory behavior. 
9.    Equity in education. 
10. Equity in the employment. 
11. Equity in health and medical rehabilitation services. 
12. Right to live independently in community. 
13. Right of living. 
14. Right to home and family. 
15. Freedom of expression and information. 
 

 
 
16. Right of political participation. 
17.    Access to justice. 
18.    Right to own property. 
19.    Participation in sports, cultural and recreational activities. 
20.    Protection of persons with disabilities in risk and disaster situation. 
21. Strengthening and reconstitution of the National Council for the Rehabilitation of Disabled 
Persons. 
22.    Functions of the Council. 
23.    Registration of persons with disabilities. 
24. Establishments to employ persons with disabilities. 
25.    Establishment to pay to the Fund. 
26.    Dissolution of the Council.  
27.    Governmental authorities and other persons to assist the Council.  
28.    Funds for rehabilitation. 
29.    Creating public awareness.  
30.    Rehabilitation. 
31. Insurance cover. 
32.    Special disability courts. 
33. Power to make rules. 
34.    Power to make regulation. 
35. Removal of difficulties. 
36. Repeal.
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Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 555d9d3f159d3ccff5578fdf767784fa3b43dbc8d51512d6ebdb6f4e1172b7c4.

Page 1 of 15 
 
 
 
 
 
THE ICT RIGHTS OF PERSONS WITH DISABILITY ACT, 2020 
 
 
 
 
  
  
 
 
CONTENTS 
 
 
1.  Short title, extent and commencement. 
2.   Definitions. 
3.    Equality and non-discrimination of persons with disability. 
4.    Equality before law. 
5.    Right to privacy. 
6. Women, children, elderly people and transgender with disabilities. 
7.    Ease of access and mobility. 
8.    Protection from abusive, violent and intolerant discriminatory behavior. 
9.    Equity in education. 
10. Equity in the employment. 
11. Equity in health and medical rehabilitation services. 
12. Right to live independently in community. 
13. Right of living. 
14. Right to home and family. 
15. Freedom of expression and information. 
 

 
 
16. Right of political participation. 
17.    Access to justice. 
18.    Right to own property. 
19.    Participation in sports, cultural and recreational activities. 
20.    Protection of persons with disabilities in risk and disaster situation. 
21. Strengthening and reconstitution of the National Council for the Rehabilitation of Disabled 
Persons. 
22.    Functions of the Council. 
23.    Registration of persons with disabilities. 
24. Establishments to employ persons with disabilities. 
25.    Establishment to pay to the Fund. 
26.    Dissolution of the Council.  
27.    Governmental authorities and other persons to assist the Council.  
28.    Funds for rehabilitation. 
29.    Creating public awareness.  
30.    Rehabilitation. 
31. Insurance cover. 
32.    Special disability courts. 
33. Power to make rules. 
34.    Power to make regulation. 
35. Removal of difficulties. 
36. Repeal. 
  
 
 
Page 3 of 15 
 
THE ICT RIGHTS OF PERSONS WITH DISABILITY ACT, 2020 
ACT NO. XXXV OF 2020 
[22nd September, 2020] 
 
AN ACT to promote, protect and effectively ensure the rights and inclusion of persons with disabilities in the 
communities in line with the Islamic Injunctions and provisions of the Constitution of the Islamic Republic of 
Pakistan to advance efforts for recognition of their respect and dignity in the society; 
WHEREAS it is expedient to put in place legal and institutional framework to protect the rights 
of persons with disabilities in general and women, children and the elderly in particular, as called for 
by the United Nations Convention on the Rights of Persons with Disabilities, as well as other human 
rights treaties and conventions to which Pakistan is a state party; 
It is hereby enacted as under:— 
PART I 
PRELIMINARY 
1. Short title, extent and commencement.—(1) This Act may be called the ICT Rights of 
Persons with Disability Act, 2020. 
(2) It shall extend to the whole of the Islamabad Capital Territory (ICT). 
(3) It shall come into force at once. 
2. Definitions.—In this Act, unless there is anything repugnant in the subject or contest,— 
(a) “access” means meaningful and effective access to various physical and intangible 
means made suitable to fulfill special needs of persons with disabilities; 
(b) “barriers”  means physical, social, psychological, communication, information, 
legal or attitudinal hurdles in the way to access to infrastructure and services 
meant for general public; 
(c) “Constitution” means the Constitution of the Islamic Republic of Pakistan; 
(d) “Council”   means   the   Council   on   Rights   of   Persons   with Disabilities 
constituted under this Act; 
(e) “Court”   means   the   special   disability   court   established   under section 32; 
(f) “disability”  means  a  long  term  physical  or  mental  condition  that limits a 
person’s movements, senses or activities and shall include physical, mental, 
intellectual and developmental disorders or sensory impairments which in 
interaction with participate fully and effectively in day to day performance and 
interaction with others on an equal basis; 
(g) “discrimination” on the basis of disabilit y means any distinction, exclusion or 
restriction on the basis of disability which has the purpose or effect of im pairing 
or nullifying the recognition, enjoyment or exercise, on an equal basis with others, 
of all human rights and fundamental freedoms in the political, economic, social, 
denial of reasonable accommodation; 
 
 
(h) “equality  before  la w”  includes  principles  of  quality  on  equitable basis that 
persons with disability shall have in line with the Constitution and international 
covenants in which Pakistan is a party; 
(i) “freedom of movement” shall have the same meaning as expressed in Article 15 
of the Constitution; 
(j) “Fund” means the fund established under section 28; 
(k) “independent  living”  means  environment  to  live  with  freedom, self -control, 
choice and self-determination in everyday life; 
(l) “misconduct” shall  have  the  same  meaning  as  defined  in  the Gov ernment 
Servants (Efficiency and Discipline) Rules, 1973. 
(m) “mobility”   means   the   possible   independent   for   persons   with disabilities 
with access to quality mobility aids, devices, assistive technologies and forms of 
assistance and intermediaries, including by making them available at affordable 
cost; and 
(n) “reasonable  accommodatio n”  means  necessary  and  appropriate modification 
where needed in a particular case, to ensure that the persons with disabilities enjoy 
or exercise on an equal basis wi th others of all human rights and fundamental 
freedoms at home, workplace and in social life. 
PART II 
RIGHTS OF PERSONS WITH DISABILITIES 
3. Equality and non-discrimination of persons with disability.—(1) The government shall 
ensure that every person with disability shall have a right to be respected for his individual dignity and 
lead a decent life with equal opportunity to participate in educational, social, economic, cultural and 
all other activities in the society without any discrimination. 
(2) No person or institution, whether public or private, shall discriminate against persons with 
disabilities or violate their rights or restrict benefits in any manner. 
(3) The government shall take all necessary legal and administrative steps including 
appropriate changes in the existing laws, to ensure that every person with disabilities enjoy a life 
inclusive of the right of equality guaranteed under the Constitution and that such person’s disability 
shall not be used by any person or institution to restrain or restrict him from enjoying his rights unless 
there is a reasonable cause that not restricting such person may cause him harm or letting him perform 
something may be out of his physical or mental capacity. 
 
(4) In view of restricted access of the persons with  disabilities to means of earning their 
livelihood independently, the government shall take extra - ordinary steps to ensure their effective 
inclusiveness in the society through suitable education, skill development, training and placement 
against appropria te positions in the government departments and entities in the private sector 
according to the allocated quota. 
(5) No person with disability shall be a subject of any research without his willingness or 
consent without any pressure and such research shall  be through using accessible modes, means and 
formats of communication. 
 
 
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4. Equality before law.—(1) The government shall ensure that the persons with disabilities 
are treated equally like persons without such disabilities and that they are not discriminated in 
exercise of their rights. 
(2) It shall be ensured that such persons have legal capacity to enjoy their rights and if they 
need support to exercise legal capacity such support is provided to them free of cost. 
5. Right to privacy.—(1) Every person with disabilities shall have right to privacy as available 
to all citizens regardless of his living in a private home, rehabilitation centre, hostel or any private or 
public accommodation. 
(2) No person with disabilities regardless of place of residence or living arrangements shall be 
subjected to arbitrary or unlawful interference with his privacy of person, family, home and 
communication or correspondence. Such persons shall have the right to the protection of the law 
against any illegal interference and attack against their person, family, property and reputation. 
6. Women, children, elderly people and transgender with disabilities.—(1) In view of the 
extra-ordinary vulnerability of women, children, senior citizens and transgender with disabilities, the 
government shall in prescribed manner take special measures to ensure that such women, children, 
senior citizens and transgenders with disabilities are given full protection under law in enjoying their 
rights. 
(2) The government as well as the private sector shall in the prescribed manners take necessary 
measures to ensure development, advancement and empowerment of women, children, senior citizens 
and transgender with disabilities. 
7. Ease of access and mobility.—(1) The government as well as the private sector shall take 
necessary measures towards allowing ease of access to the persons with disabilities to public 
buildings, hospitals, recreational facilities, public transport, streets and roads for which the old 
buildings and vehicles shall be appropriately modified and new buildings and vehicles shall be built 
conforming to appropriate standards in conformity with guidelines developed by the Council: 
 
Provided that the government shall ensure accessible washrooms, toilets and bathrooms with 
all the facilities and necessary accessories. 
(2) The Council shall develop a guideline on removing barriers and obstacles to access in 
buildings, roads, mode of transportation, housing, hospitals, schools, workplaces, communication and 
information related services, recreational spaces, parks and also public washrooms and get those 
implemented by the concerned authorities and persons both in public and private sectors. 
(3) The Council shall develop a set of minimum standards and scope of access and related 
signage that each department, authority, entity and major enterprise shall put in place to ensure 
necessary access of persons with disabilities. 
(4) The government shall implement policies and programs to promote the personal mobility 
of persons with disabilities at affordable cost or free. 
(5) The government shall ensure special seats in all means of transport for persons with 
disabilities and allot parking space exclusively for persons with disabilities at all public and private 
places. 
(6) The Council shall develop and enforce guidelines allowing persons with disabilities to have 
full and appropriate access to all forms of mass communication including information technology to 
 
 
enjoy freedom of speech and freedom of information. A national relay system may be established to 
standardize mechanism understandable consistently across the country. 
8. Protection from abusive, violent and intolerant discriminatory behavior.—(1) The 
government shall take all possible steps to protect persons with disabilities from all forms of abuse, 
violence and exploitation at the hands of any person, institution or authority. 
(2) Whenever an act of abuse, violence and intolerant discriminatory behavior is committed 
against any person with disability and the information of such act is communicated to the Council o r 
any law enforcement agency, the concerned agency on receipt of such information shall immediately 
take necessary action to investigate and curb such act and to take appropriate measures under law to 
lodge the victim of abuse, violence or intolerance, to a safe place for protected housing. No cost shall 
be recovered from such victim for lodging in safe place in such situation. 
(3) Notwithstanding the provisions of any law for the time being in force, an act of physical 
violence against a person with disability  causing even a minor injury shall be deemed as grievous 
injury and shall be treated as an act of violence under section 335 of the Pakistan Penal Code, 1860 
(Act XLV of 1860) and shall attract punishment accordingly. Other situation of aggravated abuse and 
violence shall also be deemed to have more gravity than in case of a person without disabilities. 
 
(4) In case of need for legal aid such aid shall be made available to such affected person at 
public expense or prevent its occurrence, as the case may be, or pass such order as deemed fit for the 
protection of such person with disability. 
 
9. Equity in education.—(1) The government shall take all necessary measures to ensure 
that persons with disabilities are afforded equal rights to access government as well as private 
educational institutions and shall be provided with appropriate facilities for their education without 
any discrimination. 
 
(2) The government shall provide free pre -primary to higher education to persons with 
disabilities. 
 
(3) The government shall take necessary measures to establish special educational institutions 
for persons with moderate to severe disabilities to cater to their special needs, in addition to making 
other institutions reasonably equipped and staffed to provide appropriate facilities f or inclusive 
education to such persons in those general educational institutions. 
 
(4) Persons with disabilities shall not be denied admission into any educational institution, 
whether state owned or private, on ground of their disabilities. 
 
(5) It shall be illegal for an institution and its staff members to discriminate against or abuse 
or otherwise violate rights of a person with disability at his place of education for which both the 
institution and such violating person shall be punished. 
 
(6) The government shall ensure inclusive education focusing on personality, development, 
creativity and strengthening of physical and mental capabilities of persons with disabilities. 
 
(7) Reasonable and appropriate accommodation shall be provided to persons with disabilities 
in educational institutions including hostels, where applicable. 
 
 
 
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(8) The government shall establish adequate dedicated and general facilities for teacher 
training with a view to train adequate number of specially trained teachers equipped with skills to 
teach students with various disabilities. 
 
(9) The government shall ensure that all persons with disabilities are given full access to all 
modes and means of education including but not limited to vocational training, online education 
distance learning and adult education. 
 
10. Equity in the employment.—(1) No person, institution, organization or entity, whether 
public or private, shall discriminate against a person on the ground of disability in the matters of 
employment, promotion, career development and enjoying fruits of his employment. 
 
(2) The employer shall ensure the provision of reasonable accommodation including necessary 
assistive aid and equipment which a person with disabilities would reasonably require to perform his 
duties. 
 
(3) The government shall reserve an employment quota as prescribed by the Federal 
Government to be periodically reviewed, at various levels for persons with disabilities in government 
departments, institutions, entities and corporate entities owned and managed by the government and 
the concerned department shall implement the allocated quota. 
 
(4) The government shall take necessary steps to encourage private enterprises to employ 
persons with disabilities through incentives for which the government shall prepare long term 
inclusion plans and allocate necessary resources. 
(5) The terms and conditions of employment shall not be less favorable for persons with 
disabilities as compared with those offered to other persons appointed against same or similar 
positions. 
(6) An establishment which does not employ persons with disabilities as required by sub -
section (3) shall pay into the Fund each month the sum of money it would have paid as salary or wages 
to a person with disabilities had he been employed. In the event of non -payment or non-compliance, 
the matter  shall be brought before an arbitration council to be established for the purpose by the 
Council. 
11. Equity in health and medical rehabilitation services.—(1) The government shall ensure 
barrier free access to necessary public health services and infrastr ucture to persons with disabilities 
without any discrimination and without any cost to such persons. 
 
(2) The Council shall devise plans to provide special health insurance to persons with 
disabilities to ensure free medical coverage to such persons. 
 
(3) The government shall encourage private sector health services providers through 
appropriate incentives to provide quality services to persons with disabilities at affordable rates or 
free. 
(4) Special health service for early identification and intervention of dis abilities and medical 
services especially designed to prevent disability shall be implemented. 
 
(5) The government shall initiate with the help of medical and scientific community, research 
 
 
to identify causes of various disabilities and make efforts to create awareness in public to adopt 
practices that help prevent disabilities from happening. 
 
(6) The government shall in respect of person with disabilities undertake initiatives to promote 
support and implement community based rehabilitation and research initiative s at the community 
level. 
 
12. Right to live independently in community.—(1) The persons with disabilities shall 
have equal right to live independently in the community. Such persons shall be provided with all 
necessary facilities by the government without discrimination to enable them to live independently. 
 
(2) The government shall take necessary preventive measures to ensure that persons with 
disabilities are not excluded or segregated from the community on basis of their disability and that 
their access to communal facilities and services is restriction free. 
 
(3) The government may also take necessary measures to enable the person with disabilities to 
have access to a range of in -house, residential and other community support services including 
personal assistance service necessary to support living and inclusion in community. 
 
13. Right of living.—(1) Every person with disability shall have right to a decent place of 
living of his choice and no person shall discriminate against a person with disability by way of 
refusing to rent him or sell to a place of living because of him being a person with disability. 
 
(2) The government shall evolve a policy towards fair and affordable housing for persons with 
disabilities in government owned, sponsored or assisted projects a nd also in the private housing 
schemes. The authorities approving establishment of new housing schemes and plans shall ensure that 
appropriate number of affordable housing units are included in each such scheme or plan. 
 
(3) The government may set up and maint ain decent housing facilities for the persons with 
disabilities who do not have a place to live and need a decent temporary shelter. The Council shall 
with the help from the authorities of the Federal Capital, civil society organizations and society at 
large assist to arrange temporary shelter for such persons. 
 
14. Right to home and family.—(1) No person with disability especially a child or adult or 
senior citizen shall be separated from his family on the grounds of disability unless a court of law 
requires him to be so separated in his best interest. 
 
(2) Where the immediate family of person with disability is unable to cater a person with 
disability, especially a child with disabilities, the Court shall make effort to place such person at a 
setup suitable for his safe living. 
(3) All persons with disabilities shall have the right to marry a person of their own choice and 
raise their family without any discrimination. 
(4) No person with disability shall be subjected to any medical procedure leading to infertility 
and forced sterilization shall be a non- compoundable offence. 
(5) The government shall provide free services regarding reproductive health especially to 
women with disabilities. 
 
 
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15. Freedom of expression and information.—(1) The government shall ensure that persons 
with disabilities have full and equitable rights regarding freedom of speech, right to expression and 
information and effective measures shall be taken for their such rights to be enjoyed. 
(2) The Council shall take necessary measures to convey the voice of persons with disabilities 
and their organizations across the governments, civil society and international community. 
(3) The Council shall encourage the state and private run electronic and print media to promote 
awareness on the rights of persons with disabilities through public service messages and programming 
inclusive for all types of disabilities. 
(4) The government may provide advertisements to publications dedicated for persons with 
disabilities. 
(5) The government shall ensure that all websites hosted by Pakistani website service providers 
are accessible for persons with disabilities. 
16. Right of political participation.—(1) Persons with disabilities shall have full right to 
participate in the political activity in the country including exercising right of vote and right to be 
elected to an elected body. 
(2) The Election Commission of Pakistan shall ensure that each polling station is accessible to 
persons with disabilities and necessary arrangements are made for them to cast their votes 
confidentially and without any difficulty. Any act by any person to cause restriction on exercise of 
right of vote by a person with disability shall be deemed as forceful obstruction as defined in the 
Elections Act, 2017 (XXXIII of 2017) and shall be prosecuted and punished accordingly. 
(3) The Council shall, with the help of the Election Commission of Pakistan, educate political 
parties on the issues and problems of the persons with disabilities. 
 
(4) The Election Commission of Pakistan shall be mandated to develop voter’s accessibility 
mechanism for persons with disabilities such as brail voting paper etc. 
17. Access to justice.—The government shall ensure that persons with disabilities are 
provided with assistance, including sign language interpreters and attendants to access to the justice 
system. 
18. Right to own property.—Persons with disabilities shall not be denied the right to own, 
sell or inherit property. 
19. Participation in sports, cultural and recreational activities.— (1) The government shall 
ensure that no pers on is discriminated against in participation of any sports, games, cultural and 
recreational activities on ground of his disability. Assistive devices, equipment and latest technology 
shall be made available for their inclusion in sports, cultural, recreat ional and leisure activities. One 
seat for persons with disabilities in the sports board shall be ensured and the government shall ensure 
linkages of the monitoring mechanism for para olympics and special olympics sports association. 
(2) Access to cultural mat erials, programs and activities shall be provided in accessible and 
appropriate formats to persons with disabilities. 
(3) Barrier-free and discrimination -free access to media programs, films, theaters, parks, 
stadiums, play grounds, beaches and other places of  leisure, recreation, sports and cultural activities 
shall be provided to such persons with disabilities. 
 
 
(4) The government shall facilitate participation of persons with disabilities in scouting, art 
classes, outdoor camps, hunting, tourism and adventure act ivities and shall also help to develop and 
utilize their artistic, creative and intellectual capabilities. 
(5) The government shall ensure that talent -enhancing abilities in both public and private 
schools including sports activities are developed. 
(6) The government shall ensure that courses and activities are designed to promote arts and 
culture to enhance talent of persons with disabilities. 
(7) The government shall take steps so that access to cultural materials, programs and activities 
in accessible and appropriate formats to persons with disabilities are ensured. 
20. Protection of persons with disabilities in risk and disaster situation. —(1) All persons 
with disabilities shall be given top priority in providing suitable protection and safety in situations o f 
risk and natural disaster and shall immediately be removed from such areas and moved to a safe place 
on priority. 
 
(2) In situations of armed conflict, the police, civil armed forces and the armed forces shall 
take appropriate measures on priority to ensure safety, protection and removal of such persons. 
(3) All authorities engaged in reconstruction activity subsequent to any situation of armed 
conflict, humanitarian emergencies or natural disaster shall ensure that persons with disabilities are 
accorded priority in reconstructing their institutions, homes and other facilities and restoring services. 
(4) The Council shall keep a close coordination with the disaster management authorities for 
protection and removal to safety and keep record of such persons caught in such situation and ensure 
early rehabilitation. 
(5) Needs and concerns of persons with disabilities should be included in disaster risk 
reduction. 
 
PART III 
ADMINISTRATION OF RIGHTS 
 
21. Strengthening and reconstitution of the National Council for the Rehabilitation of 
Disabled Persons.—(1) The National Council for the Rehabilitation of Disabled Persons constituted 
under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981) shall 
stand reconstituted as the Council on Rights of Persons with Disabilities and shall consist of- 
 
(a) Minister–in-charge; Chairperson 
(b) Secretary of the Division allocated with business of this Act; Vice-Chairperson 
(c) two members   from   the   Senate,   one   each   from 
government and the opposition; Members 
(d) two members from the National Assembly one each from 
government and the opposition; Members 
(e) 
one representative from Ministry of Information, Broadcasting, 
National History and Literary Heritage not below the rank of 
Joint Secretary; 
Member 
 
 
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(f) one representative from Ministry of Finance, Revenue and 
Economic Affairs not below the rank of Joint Secretary; Member 
(g) one representative from the Division allocated with business of 
education not blow the level of Joint Secretary; Member 
(h) 
one representative from the Division allocated with the 
business of poverty alleviation and social safety not below the 
rank of Joint Secretary; 
Member 
(i) An officer not below the rank of a Joint Secretary of the 
Division to which business of this Act stands allocated; Member 
(j) Chairman, Capital Development Authority (CDA); Member 
(k) Chief Executive or Head of National Institute of Rehabilitation 
Medicine (NIRM); Member 
(l) three persons with disability. Members 
 
(2) Member at clause (i) of sub-section (1) shall also act as Secretary of the Council. 
 
(3) The Council may co-opt any person as a member. 
 
(4) The government functionaries represented in the Council shall hold their memberships on 
ex-officio basis. The tenure of the members shall be three years. 
 
(5) The Council shall meet at -least quarterly and the quorum of each meeting shall be one -
fourth of the total number of the composition of the Council. 
 
22. Functions of the Council. —(1) The Council shall have the responsibility to achieve and 
implement objectives of this Act and to assist the government in developing legal and institutional 
frame work. 
 
(2) The Council shall be the executive authority to implement this Act, to develop a legal and 
social environment and to help persons with disabilities to have the protection of law in enjoying their 
fundamental rights. 
 
(3) The Council shall, with the help of other authorities and persons, take all possible measures 
to protect persons with disabilities from discrimination, exploitation, torture, inhuman or degr ading 
treatment on the hands of any one including their families and caregivers. 
 
(4) The Council shall coordinate implementation of the principles of relevant convention at 
provincial and lower administrative levels through providing technical assistance to various organs of 
the provincial legislatures and governments in developing appropriate legal and institutional 
frameworks in their jurisdictions and making them achieve the objective of protection and enforcement 
of rights. 
(5) The Council shall evaluate the e ffectiveness of laws and policies and assess the 
implementation of laws and policies at the national level and recommend to the government any 
changes required in the policies, laws and practices. 
 
 
 
(6) The Council shall conduct or cause to conduct research on the status of persons with 
disabilities and matters related to the promotion and protection of their rights. 
 
(7) The Council shall put into place an institutional mechanism to regularly monitor 
performance of various departments and organizations in the gover nment and issue a performance 
score card to each such entity and organization at least once in every three years. Similarly, the Council 
shall devise and maintain score cards for private entities that seek such evaluation and assessment. 
Such performance a udits shall be conducted by third party professionals and the employees of the 
Council. 
 
(8) The Council shall assess its own performance in creating legal and social environment in 
the country and issue an annual status report at the end of every calendar year to present its report to 
the Parliament through Minister-in-charge. 
 
(9) The Council shall be responsible to monitor the activities of private and community based 
organizations to ensure that required standards of service are maintained. The Council may enforce an 
institutional mechanism for effective, efficacious and transparent functions of such organizations and 
may impose restrictions on organizations not meeting the objective criteria laid down by it. 
 
(10)  The Council shall have the powers to address ind ividual and collective complaints of 
violations of human rights of persons with disabilities. 
 
23. Registration of persons with disabilities.—(1) Any person with disability desirous of 
being employed or otherwise rehabilitated may have his name registered in the register maintained 
by the Council or its designated office in such form and in such manner as may be prescribed by the 
Council. 
 
(2) The Council shall, if it thinks necessary, cause each person with disability 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 authorized by it or by such assessing board 
as it may appoint having at least one medical officer and the medical  officer or, as the case may be, 
the assessing board shall submit its report to the Council in such form as may be prescribed by the 
Council. 
(3) If the person with disability is considered by the Council fit to work, he shall be informed 
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 person with disability is not considered by the Council fit to work, he shall  be 
informed accordingly for an endorsement to that effect being made against his name in the register 
and the Council shall take such measures for his rehabilitation as it thinks fit. 
(5) If a person is declared by the Council not to be a disabled person, his name shall be struck 
off from the register. 
24. Establishments to employ persons with disabilities. —(1) Not less than one percent of 
the total number of persons employed by an establishment at any time shall be persons whose  names 
have been registered with the Council or its designated office of the area in which such establishment 
is located and against whose names in the register maintained under section 23 an endorsement exists 
to the effect that they are fit to work. 
 
 
 
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(2) The persons with disabilities empl oyed 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 persons with disabilities, the fraction of 0.5 and above shall count as a whole number. 
25. Establishment to pay to the Fund.—An establishment which does not employ a person 
with disability as required by section 24 shall pay into the Fund each month the sum of money it 
would have paid as salary or wages to a disabled person had he been employed. 
26. Dissolution of the Council.—On the commencement of this Act, the council formed under 
the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981(XL of 1981) shall stand 
dissolved and on such dissolution all assets, rights, powers, authorities and privileges and property, 
movable and immovable, cash and bank balance, reserve funds, investments and all other interests 
and rights in, or arising out of such property and all debts, liabilities and obligations of whatever kind 
of the dissolved council subsisting immediately before its dissolution shall stand transferred to and 
vest in the Council. 
27. Governmental authorities and other persons to assist the Council. —(1) All the 
functionaries of the government shall extend full and effective cooperation to the Council in ensuring 
the enforcement of this Act and other laws for protecting the rights of the persons with disabilities. 
(2) Any person in the governmental position not effectively cooperating with the Council shall 
be deemed to have committed misconduct and shall be proceeded against accordingly. 
28. Funds for rehabilitation. —(1) The government may establish non-lapsable endowment 
fund for sustainably financing projects and activities related to ensuring effective rights protection and 
inclusion in society of persons with disabilities. 
(2) The Fund established under sub -section (1) shall be called a s ICT Disability Fund which 
shall be managed by the Council. 
(3) The following shall be the sources of the Fund, namely:— 
(a) Annual allocation and grants of funds from Federal  Government; 
(b) grants from international organizations, governments and other such bodies; 
(c) levies and other charges that government imposes for rehabilitation; 
(d) fines and penalties under this Act; 
(e) donations and bequests by private persons; and 
(f) any other source. 
(4) The Fund established under the Disabled Persons (Employment and Rehabilita tion) 
Ordinance, 1981 (XL of 1981) shall stand transferred alongwith all sums and moneys to the Fund 
established under sub-section (2). 
29. Creating public awareness. —(1) The Council shall take immediate, appropriate and 
result oriented measures to raise awareness amongst the society as whole with regards to recognition 
and respect for persons with disabilities and their rights. 
 
 
(2) The Council shall recommend to the Federal and Provincial Governments measures to 
include topics on disability in educational curriculum and to create awareness among young students 
about persons with disabilities. 
(3) The government shall include topics on addressing problems of persons with disabilities in 
training programs of institutions responsible for imparting trainings to off icers and officials of the 
government, including judges and court officials. 
 
30. Rehabilitation.—(1) The government shall take all possible measures to ensure that 
persons with disabilities attain maximum independence and ability to participate in activit ies of life 
including getting education, doing business, getting employed and participating in sports and cultural 
activities. 
 
(2) The government shall promote continuing skill development and training in existing 
advance skills and technologies to persons with disabilities for effective participation and integration 
in the community. 
 
(3) The government shall undertake initiatives to promote, support and implement community 
based rehabilitation and research initiatives of its own. 
 
31. Insurance cover. —(1) The Council may devise and put in place comprehensive group 
medical and accident insurance for persons with disabilities and may also facilitate such persons in 
getting affordable life and other forms of insurance. 
 
(2) The Council may pay the premium for pers ons with disabilities who cannot pay the 
premium from their own sources. 
 
32. Special disability courts.—(1) For speedy justice, the government may designate and may 
encourage provincial governments to designate, courts to hear cases under this Act or othe r laws in 
which one or more parties are persons with disabilities. 
 
(2) There shall be an effective institutionalized mechanism to monitor cases in courts under 
sub-section (1) by appropriate judicial forums as devised by the respective High Court. 
 
33. Power to make rules.—(1) The Council may, in consultation with the Federal Government 
and by notification in the official Gazette, make rules to carry out purposes of this Act. 
 
(2) The rules made under the Disabled Persons (Employment and Rehabilitation) Or dinance, 
1981(XL of 1981) so far as they are not inconsistent with the provisions of this Act shall continue to 
be in force until altered, amended or repealed. 
 
34. Power to make regulation. — The Council may, by notification in the official Gazette, 
make r egulations for its own efficient and professional working and for effective achievement of 
objectives of this Act. 
PART IV 
MISCELLANEOUS 
 
35. Removal of difficulties.—If any difficulty arises in giving effect to any of the provisions 
of this Act, the Federal Government may make such order, not inconsistent with the provisions of this 
 
 
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Act, as may appear to be necessary for the purpose of removing the difficulty. 
 
36. Repeal.—The Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL 
of 1981) is hereby repealed to the extent of the Islamabad Capital Territory. 
 
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Section 32

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Council on Rights of Persons with Disabilities constituted under this Act; (e) “Court” means the special disability court established under section 32; (f) “disability” means a long term physical or mental condition that limits a person’s movements, senses or activities and shall include physical, mental, intellectual and developmental disorders or sensory impair

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Section 28

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istan is a party; (i) “freedom of movement” shall have the same meaning as expressed in Article 15 of the Constitution; (j) “Fund” means the fund established under section 28; (k) “independent living” means environment to live with freedom, self -control, choice and self-determination in everyday life; (l) “misconduct” shall have the same meaning as defined in the Gov ernment Se

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Section 23

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e been registered with the Council or its designated office of the area in which such establishment is located and against whose names in the register maintained under section 23 an endorsement exists to the effect that they are fit to work. Page 13 of 15 (2) The persons with disabilities empl oyed against any post in pursuance of sub -section (1) shall be entitled to the terms and con

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Section 24

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of 0.5 and above shall count as a whole number. 25. Establishment to pay to the Fund.—An establishment which does not employ a person with disability as required by section 24 shall pay into the Fund each month the sum of money it would have paid as salary or wages to a disabled person had he been employed. 26. Dissolution of the Council.—On the commencement of this Act, the council formed under

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Provisions explicitly cited in other instruments 1

Section 335 of Pakistan Penal Code, 1860

Cited by ICT Rights of Persons with Disability Act, 2020

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f physical violence against a person with disability causing even a minor injury shall be deemed as grievous injury and shall be treated as an act of violence under section 335 of the Pakistan Penal Code, 1860 (Act XLV of 1860) and shall attract punishment accordingly. Other situation of aggravated abuse and violence shall also be deemed to have more gravity than in case of a person without disabilities. (4) In case of need fo

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Stored text SHA-256
555d9d3f159d3ccff5578fdf767784fa3b43dbc8d51512d6ebdb6f4e1172b7c4
Original source SHA-256
560dab2874a1c2ead43e839bfae3d0c8cdc5a330149b9dc7edfdc3ce77dd24ad
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Recorded title
ICT Rights of Persons with Disability Act, 2020
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Federal — this does not establish territorial applicability.
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not independently verified
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Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.
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pk-code-e2f5ac7b78d2c77e
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Stored text SHA-256
555d9d3f159d3ccff5578fdf767784fa3b43dbc8d51512d6ebdb6f4e1172b7c4

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