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  "title": "DISABLED PERSONS, (EMPLOYMENT AND REHABILITATION) ORDINANCE, 1981",
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  "text": "THE DISABLED PERSONS (EMPLOYMENT AND \r\nREHABILITATION) ORDINANCE, 1981 \r\n(XL of 1981) \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 to 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\n19. Delegation of power \r\n20. Penalty  \r\n21. Cognizance of offence s, etc  \r\n22. Power to make rules \r\nTEXT \r\n1\r\nTHE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) \r\nORDINANCE, 1981 \r\n(XL of 1981) \r\n[29th December, 1981] \r\nAn \r\nOrdinance \r\nto provide for the employment, rehabilitation and welfare of disabled persons. \r\nWHEREAS it is expedient to provide for the employment, rehabilitation and \r\nwelfare of disabled persons and for matters connected therewith. \r\nAND WHEREAS the President is satisfied that circumstances exist which \r\nrender it necessary to make immediate action; \r\nNOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, \r\n1977, read with the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of \r\n1981), and in exercise of all powers enabling h im in that behalf, the President is \r\npleased to make and promulgate the following Ordinance:– \r\n1. Short title, extent and commencement.– (1) This Ordinance may be called \r\nthe Disabled Persons (Employment and Rehabilitation) Ordinance, 1981. \r\n(2) It extends to \r\n2\r\n[whole] of \r\n3\r\n[the Punjab]. \r\n (3) It shall come into force on such day as the \r\n4\r\n[Government] may, by \r\nnotification in the official Gazette, appoint. \r\n2. Definitions .– In this Ordinance, unless there is anything repugnant in the \r\nsubject or context,– \r\n \r\n5\r\n[(a) “Chairman” means the Chairman of the Provincial Council;] \r\n(b) \"commercial establishment\" and \"industrial establishment\" shall have \r\nthe same meaning as in the West Pakistan Industrial and Commercial \r\nEmployment (Standing Orders) Ordinance, 1968 (W.P. Ordinance No . \r\nVI of 1968) \r\n6\r\n[;] \r\n(c) \"disabled person\" means a person who, on account of injury, disease \r\nor congenital deformity, is handicapped for undertaking any gainful  \r\n                                                 \r\n1This Ordinance was made by the President on 24 th December, 1981; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated 29th December, 1981, Pages 543-549. \r\n2Substituted for the words “the whole” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of \r\n2012), w.e.f. 11.2.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n3Substituted for the word “Pakistan” by the Disabled Person s (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of \r\n2012), w.e.f. 11.2.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n4Substituted for the word s “Federal Government” by the Disabled Persons (Employment and Re habilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n5Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e. f. 11.2.2012, \r\ns.4; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n6Misprinted in the Gazette as “full-stop”. \r\nprofession or employment in order to earn his livelihood, and includes \r\na person who is blind, dea f, physically handicapped or mentally \r\nretarded; \r\n(d) \"disease\" includes the physical or mental condition arising from the \r\nimperfect development of any organ; \r\n(e) \"employee\" means a regular or whole -time employee whether \r\nemployed on daily, weekly or monthly basis, and includes an \r\napprentice; \r\n(f) \"establishment\" means a Government establishment, a commercial \r\nestablishment or an industrial establishment, in which the number of \r\nworkers employed at any time during a year is not less than one \r\nhundred; \r\n(g) \"Fund\" m eans the Rehabilitation of Disabled Persons Fund \r\nestablished under section 17; \r\n7\r\n[(gg) “Government” means Government of the Punjab;] \r\n8\r\n[(h) “Government Establishment” includes any autonomous or semi -\r\nautonomous body, university, college, professional school a nd any \r\nother organization, controlled or managed by the Government;] \r\n9\r\n[(i)  *  *  *  *  *  *  *  *  *  * *  ] \r\n(j) \"prescribed\" means prescribed by rules made by the  \r\n10\r\n[Government] \r\nor, as the case may be, the \r\n11\r\n[Government]; \r\n(k) \"Provincial Council\" means a Pr ovincial Council established under \r\nsection 5; and \r\n12\r\n[(l)  “Secretary” means the Secretary of the Provincial Council\r\n13\r\n[.] ] \r\n14\r\n[3.  National Council.–*  *  *  *  *  *  * * * *   ] \r\n15\r\n[4.  Functions of the National Council.–*  *  *  *  * * *   ] \r\n                                                 \r\n7Inserted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, s.4; \r\nand published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n8Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.4; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n9Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, s.4; \r\nand published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n10Substituted for the word “Federal Gov ernment” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n11Substituted for the word “Provincial Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n12Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.4; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n13Misprinted in the gazette as “semi-colon”. \r\n14Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (X III of 2012), w.e.f. 11.2.2012, \r\ns.5; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n15Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.5; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n16\r\n[5. Provincial Co uncil.– The Government shall, by notification in the official \r\nGazette, establish a Council to be called the Provincial Council for the Rehabilitation \r\nof Disabled Persons consisting of the following members:– \r\n (a) Secretary to the Government, Social Welfare , Women Development \r\nand Bait ul Maal Department, who shall also be its Chairman; \r\n (b) Secretary to the Government, Labour Department; \r\n (c) three members of the Provincial Assembly of the Punjab, including at \r\nleast one woman member, to be nominated by the Government; \r\n (d) one representative of the Home Department of the Government not \r\nbelow the rank of Deputy Secretary; \r\n (e) one representative of the Planning and Development Department of \r\nthe Government not below the rank of Deputy Secretary; \r\n (f) one repres entative of the Health Department of the Government not \r\nbelow the rank of Deputy Secretary; \r\n (g) one representative of the Education Department of the Government not \r\nbelow the rank of Deputy Secretary; \r\n (h) one representative of the Inform  ation, Culture a nd Youth Affairs \r\nDepartment of the Government not below the rank of Deputy Secretary; \r\n (i) one representative of the Lahore Chamber of Commerce and Industry; \r\n (j) Administrator of the Punjab Zakat and Ushr Council; \r\n (k) one representative of the Punjab Social Services Board; \r\n (l) one representative of the registered trade unions to be nominated by \r\nthe Labour Department of the Government; \r\n (m) four persons \r\n17\r\n[including at least two women] to be nominated by the \r\nGovernment from amongst the persons engaged in t he welfare work of \r\ndisabled persons; and \r\n(n) Director (Programme) of the Government, Social Welfare Department, \r\nwho shall also be the Secretary of the Provincial Council.] \r\n18\r\n[6. Functions of the Provincial Council .– Subject to any direction given by the \r\nGovernment, the Provincial Council shall– \r\n (a) execute the policy made by the Government for the employment, \r\nrehabilitation and welfare of disabled persons; \r\n (b) undertake appropriate projects for purposes of welfare of disabled \r\npersons; \r\n                                                 \r\n16Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.6; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n17Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014) , w.e.f. 12.3.2014, s.2 and the Schedule; and \r\npublished in the Punjab Gazette (Extraordinary), pages 2733-2744. \r\n18Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.7; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n (c) issue directions to an employment exchange or any other body for the \r\nimplementation of the projects of the Provincial Council;  \r\n (d) take stock of the extent of functional disabilities of disabled persons; \r\n (e) evaluate, assess and coordinate the execution of its policies; \r\n (f) have overall responsibility for the achievement of the purposes of this \r\nOrdinance;  \r\n (g) conduct survey of the disabled persons who are desirous of being \r\nrehabilitated; \r\n (h) conduct medical examination and provide treatment to the disabled \r\npersons; \r\n (i) provide training to the disabled persons; and \r\n(j) take such other measures as are necessary for carrying out the \r\npurposes of this Ordinance.] \r\n19\r\n[7. Meetings of the Provincial Council .– (1) The meetings of the Provincial  \r\nCouncil shall be held at such ti me and at such places as the Chairman may direct \r\nand shall be presided over by the Chairman. \r\n (2) The meetings of the Provincial Council shall be conducted in \r\naccordance with such procedure as may be prescribed, and until such procedure is \r\nprescribed, in such manner as the Chairman may direct. \r\n (3) The powers and functions of the Chairman shall, in his absence, be \r\nexercised and performed by such member of the Provincial Council as the Chairman \r\nmay appoint. \r\n (4) Six members of the Provincial Council shall co nstitute quorum for a \r\nmeeting of the Council. \r\n (5) All orders and decisions of the Provincial Council shall be authenticated \r\nby the signature of the Chairman or a member of the Provincial Council authorized by \r\nthe Chairman.] \r\n8. Duties of Secretary.– The Secretary shall exercise such powers and perform \r\nsuch functions as may be assigned to him by the Chairman. \r\n9. Appointment of Committee .– The \r\n20\r\n[* * * * ] Provincial Council may appoint \r\nsuch Committee consisting of such of its members as it thinks fit, and may refer to them \r\nany matter for consideration and report: \r\nProvided that the Council may, if it considers necessary, co-opt any person to a \r\nCommittee. \r\n10. Establishments to employ disabled persons .– (1) Not less than \r\n21\r\n[three \r\n                                                 \r\n19Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.8; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n20Omitted the words “ National Council or a” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 \r\n(XIII of 2012), w.e.f. 11.2.2012, s.9; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n21Substituted by the Punjab Disabled Persons (Employment and Rehabilitation) (Amendment) Act  2015 (XX of 2015), w.e.f. \r\n14.4.2015, s.2; and published in the Punjab Gazette (Extraordinary), page 4729, which were substituted for the words “one \r\npercent] of the total number of pe rsons employed by an establishment at any time \r\nshall be disabled persons whose names have been registered with the Employment \r\nExchange of the area in which such establishment is located and against whose \r\nnames in the register maintained under section 12 an  endorsement exists to the \r\neffect that they are fit to work. \r\n(2) The disabled persons employed against any post in pursuance of sub -\r\nsection (1) shall be entitled to the terms and conditions which are not less \r\nfavourable than those of the other persons empl oyed by the establishment against \r\nsimilar posts. \r\n(3) When calculating the percentage of the posts in an establishment for \r\nthe purposes of employment of disabled persons, the fraction of 0.5 and above shall \r\ncount as a whole number. \r\n11. Establishment to pay to the Fund.– An establishment which does not employ a \r\ndisabled person as required by section 10 shall pay in to the Funds each month the \r\nsum of money it would have paid as salary or wages to a disabled person had he been \r\nemployed. \r\n12. Registration of disa bled persons .– (1) Any disabled person desirous of \r\nbeing employed or otherwise rehabilitated may have his name registered in the \r\nregister maintained by an Employment Exchange in such form and in such manner \r\nas may be prescribed by the \r\n22\r\n[Government]; and th e Employment Exchange shall \r\nrefer all names so registered to the Provincial Council. \r\n(2) The Provincial Council shall, if it thinks necessary, cause each \r\ndisabled person registered under sub-section (1) to be assessed as to the nature of \r\nhis functional disability and also as to his aptitude and the nature of work he is fit to \r\ndo by a medical officer authorised by it in his behalf or by such assessing board \r\nconsisting of not less than one medical officer as it may appoint, and the medical \r\nofficer or, as the case  may be, the assessing board shall submit its report to the \r\nProvincial Council in such form as may be prescribed by the \r\n23\r\n[Government]. \r\n(3) If the disabled person is considered by the Provincial Council fit to \r\nwork, it shall so inform the Employment Exchange, i ndicating the nature of work for \r\nwhich he may be employed or the trade or vocation in which he may be trained, and \r\nan endorsement to that effect shall be made against his name in the register. \r\n(4) If the disabled person is not considered by the Provincial Council fit to \r\nwork, the Provincial Council shall inform the Employment Exchange accordingly for \r\nan endorsement to that effect being made against his name in the register, and the \r\nProvincial Council shall take such measures for his rehabilitation as it thinks fit. \r\n(5) If a person is declared by the Provincial Council not to be a disabled \r\nperson, his name shall be struck off the register. \r\n13. Establishment of training centers.– The Provincial Council shall arrange for \r\n                                                                                                                                                        \r\npercent” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.10; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n22Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n23Substituted for the word s “Provincial Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) \r\nAct 2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\nthe training of disabled persons in such trades or vocations as it thinks fit, and shall \r\nestablish training centers in such trades or vocations and in such manner as may be \r\nprescribed by the \r\n24\r\n[Government]. \r\n14. Establishments to furnish information .– Every Establishment shall furnish \r\nto such person or authority such information required for the implementation of the \r\nprovisions of this Ordinance in such form and in such manner as the \r\n25\r\n[Government] \r\nmay, by notification in the official Gazette, specify. \r\n15. Power to debar further employment .– (1) The Provincial Council may debar \r\nfrom further employment or training for such period as may be specified by it any \r\ndisabled person who, without valid reason, refuses to accept or abandons his \r\nemployment or training under this Ordinance or otherwise acts in a manner \r\ndetrimental to the interests of the trade or profession in which he is employed or \r\nundergoing training. \r\n(2) No disabled person shall be debarred under sub -section (1) unless he \r\nhas been given an opportunity of being heard. \r\n16. Appeal.– (1) Any person aggrieved by an order under section 15 may prefer \r\nan appeal to the \r\n26\r\n[Government] within thirty days of the date of the order. \r\n(2) The \r\n27\r\n[Government] may call for the record of the case and may, after \r\ngiving the parties an opportunity of being heard or after making such further enquiry \r\nas it thinks fit, stay or suspend the operation of the order or may pass such order \r\nas it thinks fit. \r\n17. Fund.– (1) There shall be established by the \r\n28\r\n[Government] a Fund to be \r\nknown as the Disabled Persons Rehabilitation Fund which  shall comprise– \r\n(a) all sums paid by the establishment under section 11;  \r\n29\r\n[(b) all grants, if made by the Federal Government, Government or local \r\nbodies; and ] \r\n(c) donations, if any, made by private individuals . \r\n \r\n30\r\n[(2) The funds shall be administered by the Pr ovincial Council in \r\nconsultation with the Government.] \r\n                                                 \r\n24Substituted for the word s “Provincial Government” by the Disabl ed Persons (Employment and Rehabilitation) (Amendment) \r\nAct 2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n25Substituted for the word s “National Council” by the Disabled Persons (Employment  and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.11; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n26Substituted for the words “National Council” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.12; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n27Substituted for the words “National Council” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.12; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n28Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n29Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.13; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n30Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.13; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n18. Power to exempt .– The \r\n31\r\n[Government] may, by notification in the official \r\nGazette, exempt any establishment or class of establishments from the operation of \r\nall or any of the provisions of this Ordnance. \r\n19. Delegation of power.– \r\n32\r\n[(1) * * * * * * * *   ] \r\n33\r\n[(2) The Provincial Council may, subject to such conditions as it may \r\nspecify, delegate any of its powers or functions to any of its members.] \r\n20.  Penalty.– Any establishment which fails to pay into th e Fund any sum it is \r\nrequired to pay under section 11 shall be punishable with fine which may extend to \r\none thousand rupees and, in the case of non -payment of fine, with an additional \r\nfine which may extend to ten rupees for every day during which the payme nt of \r\nfine is not made. \r\n21.  Cognizance of offences, etc.– (1) No court inferior to that of a Magistrate of \r\nthe first class shall try an offence punishable under this Ordinance. \r\n(2) No court shall take cognizance of an offence punishable under this \r\nOrdinance except upon a complaint in writing made by, or under the authority of, the \r\nNational Council or the Provincial Council. \r\n22.  Power to make rules .–  (1) The \r\n34\r\n[Government] may, by notification in the \r\nofficial Gazette, make rules for carrying out the purposes of this Ordinance. \r\n \r\n35\r\n[(2) *  *  *  *  *  *  *  *  *  * *    ] \r\n                                                 \r\n31Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n32Omitted by the Disabled Persons (Em ployment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.14; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n33Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.14; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n34Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act \r\n2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146. \r\n35Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, \r\ns.15; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.",
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