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  "title": "PUNJAB EMPOWERMENT OF PERSONS WITH DISABILITIES ACT 2022",
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  "text": "THE PUNJAB EMPOWERMENT OF PERSONS WITH \r\nDISABILITIES ACT 2022  \r\n(XLII of 2022) \r\nCONTENTS \r\n \r\nPART I \r\nPRELIMINARY \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nPART II \r\nRIGHTS AND ENTITLEMENT \r\n3. No discrimination. \r\n4. Right to privacy. \r\n5. Women, children, transgender and elderly people with disabilities. \r\n6. Accessibility and mobility. \r\n7. Protection from abusive, violent and intolerant behaviour. \r\n8. Equity in education. \r\n9. Right to live independently in community. \r\n10. Right to home and family. \r\n11. Freedom of expression and right to information. \r\n12. Right of political participation. \r\n13. Access to justice. \r\n14. Equity in healthcare and rehabilitation. \r\n15. Right to inherit and own property. \r\n16. Participation in sports, cultural and recreational activities. \r\n17. Protection in risk and disaster situations. \r\n18. Right to certification. \r\nPART III \r\nPROTECTION, WELFARE AND REHABILITATION \r\n19. Establishment of Council. \r\n20. Functions and powers of the Council. \r\n21. Appointments. \r\n22. Meetings of the Council. \r\n23. Advisory Committees. \r\n24. District Welfare and Rehabilitation Units. \r\n25. Meetings of the Units. \r\n26. Appeal to the Council. \r\n27. Assessment Board for persons with disabilities. \r\n28. Provincial Assessment Committee. \r\n29. Appeal to the Provincial Assessment Committee. \r\n30. Registration of persons with disabilities. \r\n31. Establishments to employ persons with disabilities. \r\n32. Establishment to pay to the Fund. \r\n33. Monitoring of establishments and collection of Fund. \r\n34. Establishments to furnish information. \r\n35. Special Courts for persons with disabilities. \r\nPART IV \r\nOFFENCES AND PENALTIES \r\n36. Fine. \r\n37. Punishment for fraudulently availing any benefit meant for persons with \r\ndisabilities. \r\n38. Punishment for other offences. \r\n39. Punishment for failure to furnish information. \r\n40. Application of offences. \r\n41. Cognizance and trial of offences. \r\n42. Appeal. \r\nPART V \r\nFINANCES AND REPORTS \r\n43. Fund. \r\n44. Bank accounts. \r\n45. Budget and accounts. \r\n46. Audit. \r\n47. Annual report. \r\nPART VI \r\nMISCELLANEOUS \r\n48. Assistance to the Council. \r\n49. Indemnity. \r\n50. Delegation of powers. \r\n51. Removal of difficulties. \r\n52. Act to prevail over other laws. \r\n53. Power to amend the Schedule. \r\n54. Power to make rules. \r\n55. Power to frame regulations. \r\n56. Repeal and savings. \r\nSCHEDULE \r\nTEXT \r\n1\r\nTHE PUNJAB EMPOWERMENT OF PERSONS WITH DISABILITIES ACT \r\n2022 \r\n(XLII of 2022) \r\n[19 December 2022] \r\nAn \r\nAct \r\nto promote and ensure effective inclusion of persons with disabilities in the \r\ncommunity and to protect their rights. \r\nIt is necessary to promote and ensure effective inclusion of persons with disabilities \r\nin the community; to protect their rights in line with the Constitution of the Islamic \r\nRepublic of Pakistan, the United Nations Convention on the Rights of Persons with \r\nDisabilities and the international best practices; and to provide for the matters \r\nancillary thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows:  \r\nPART I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.- (1) This Act may be cited as the \r\nPunjab Empowerment of Persons with Disabilities Act 2022.  \r\n(2) This Act extends to whole of the Punjab. \r\n(3) This Act shall come into force at once. \r\n2. Definitions.- In this Act: \r\n(a) “Accessibility” includes meaningful and effective access to various \r\ntangible and intangible means to fulfil special needs of persons with \r\ndisabilities; \r\n(b) “barrier” means any physical, social, psychological, or attitudinal hurdle \r\nin the way to access to infrastructure or services meant for general \r\npublic; \r\n           \r\n2\r\n[(bb)   “blindness” means a visual acuity less than 3/60 or visual acuity 3/60 -\r\n6/60 with disabling field loss;] \r\n(c)  “Board” means Assessment Board established under the Act; \r\n(d) “certificate\" means the disability Certificate issued under this Act; \r\n(e) “Code” means the Accessibility Code of Pakistan, 2006 and the Design \r\nManual and Guidelines for Accessibility, 2006; \r\n                                                           \r\n1This Act was passed by Provincial Assembly of the Punjab on 05 December 2022; and was assented to by Governor of the \r\nPunjab on 14 December 2022; and was published in the Punjab Gazette (Extraordinary), dated: 19 December, pp.2739-2752. \r\n2Substituted by the Punjab Employment of Persons with Disabilities (Amendment) Act 2026 (XLI of 2026), and published in the \r\nPunjab Gazette (Extraordinary), dated: 25 February 2026, pp 4543-4544, s.2(a) \r\n(f) \"commercial establishment\" and \"industrial establishment\" shall have \r\nthe same meanings as defined in the Punjab Shops and \r\nEstablishments Ordinance, 1969 (VIII of 1969); \r\n(g) “Council” means the Council established under this Act; \r\n(h) “Court” means the Court designated under this Act; \r\n(i) “Department” means Social Welfare and Bait-ul-Maal Department of \r\nthe Government; \r\n(j) “discrimination” means any distinction, exclusion or restriction on the \r\nbasis of a disability which has the purpose or effect of impairing or \r\nnullifying the recognition or exercise of any right and includes any other \r\nform of discrimination; \r\n(k) “educational institution” includes both public and private institutions;  \r\n(l) “employee” means person employed on regular, contract, full time or \r\npart time or any other basis and includes an apprentice; \r\n(m) “establishment” means a Government establishment or a commercial \r\nestablishment or an industrial establishment, in which the number of \r\nemployees employed at any time during a year is not less than thirty; \r\n(n) “Fund” means the Fund for rehabilitation of persons with disabilities \r\nestablished under this Act; \r\n(o) “Government” means Government of the Punjab; \r\n(p) “Government establishment” means an establishment owned, \r\ncontrolled or managed by the Government by whatever name called, \r\nand includes an autonomous or semi-autonomous body, a university, \r\ncollege or professional institution; \r\n(q) “person with disabilities” means a person who has a long-term physical, \r\nmental, intellectual or sensory impairment which in interaction with \r\nvarious barriers may hinder his full and effective participation in society \r\non an equal basis with others, and shall include a person with any of \r\nthe long-term disabilities specified in the Schedule; \r\n(r) “prescribed” means prescribed by the rules or the regulations made or \r\nframed under this Act\r\n3\r\n[;] \r\n(s) “Unit” means District Welfare and Rehabilitation Unit constituted under \r\nthis Act\r\n4\r\n[;and]  \r\n5\r\n[(t)   “visual Impairment” means a visual acuity 3/60 -6/60 with normal       \r\nvisual field or visual acuity 6/60-6/18 with disabling field loss.] \r\n                                                           \r\n3Substituted by the Punjab Employment of Persons with Disabilities (Amendment) Act 2026 (XLI of 2026), and published in the \r\nPunjab Gazette (Extraordinary), dated: 25 February 2026, pp 4543-4544, s.2(b) \r\n4Substituted by the Punjab Employment of Persons with Disabilities (Amendment) Act 2026 (XLI of 2026), and published in the \r\nPunjab Gazette (Extraordinary), dated: 25 February 2026, pp 4543-4544 s.2(b) \r\n5Added by the Punjab Employment of Persons with Disabilities (Amendment) Act 2026 (XLI of 2026), and publishe d in the \r\nPunjab Gazette (Extraordinary), dated: 25 February 2026, pp 4543-4544 s.2(b) \r\nPART II \r\nRIGHTS AND ENTITLEMENT \r\n3. No discrimination.- (1) Persons with disabilities shall have right to be \r\nrespected for their individual dignity and to lead a decent life with opportunity to \r\nreceive education, skills training and rehabilitation services to participate in \r\neducational, social, economic, cultural and all other activities in the society without \r\nany discrimination.  \r\n(2) A person shall not be deprived of his personal liberty only on the \r\nground of any disability.   \r\n(3) A person or institution, whether public or private, shall not discriminate \r\nagainst a person with a disability or violate his rights or restrict his benefits in any \r\nmanner. \r\n4. Right to privacy.- (1) Persons with disabilities shall have the right to privacy \r\nas available to all citizens at a private home, rehabilitation center, hostel or any other \r\nprivate or public living facility.   \r\n(2) A person with a disability shall not be subjected to arbitrary or unlawful \r\ninterference with his privacy of person, family, home, communication and \r\ncorrespondence and shall have protection of law against any illegal interference and \r\nattack against his person, family, property and reputation.   \r\n5. Women, children, transgender and elderly people with disabilities.- (1) \r\nThe rights of women, children, transgender and elderly people with disabilities shall \r\nbe afforded special protection to allow them to enjoy their rights equally with others.  \r\n(2) Women, children, transgender and elderly people with disabilities shall \r\nhave the right to freely express their views on all matters affecting them, and shall be \r\nentitled to appropriate support with respect to their age and disabilities. \r\n6. Accessibility and mobility.- (1) Persons with disabilities shall be allowed \r\nease of access in public and private hospitals, public transport, streets roads and all \r\nother public places, and for the purpose, the existing infrastructure and vehicles shall \r\nbe appropriately modified, and new buildings and vehicles shall be built conforming \r\nto appropriate standards to meet the requirements of persons with disabilities. \r\n(2) Persons with a disabilities shall be entitled to special seats in all means \r\nof transport, and to parking spaces designated exclusively for them at all public \r\nplaces free of cost, and such special seats and parking spaces shall be nearest to \r\nthe entry and exit points of such means of transport or entrance to such public place, \r\nas the case may be. \r\n(3) Persons with disabilities shall be given access to all forms of \r\ncommunication including information technology, auxiliary aids to enhance ability to \r\ncommunicate and participate in all facets of life and livelihood. \r\n (4) The Government shall facilitate accessibility for persons with \r\ndisabilities to mobility aids, devices, assistive technologies and forms of live \r\nassistance and intermediaries by making them available at affordable cost, or by \r\nencouraging entities that produce mobility aids, devices, and assistive technologies \r\nto take into account all aspects of mobility for persons with disabilities. \r\n7. Protection from abusive, violent and intolerant behaviour.- (1) Persons \r\nwith disabilities shall have right of protection against all forms of abuse, violence and \r\nexploitation at the hands of any person, institution or authority.  \r\n(2) No person with disabilities shall be the subject of any research without:  \r\n(a) free consent of such person or his legal guardian, where applicable; \r\nand  \r\n(b) prior permission of a committee to be constituted by the Council in the \r\nprescribed manner. \r\n8. Equity in education.- (1) Persons with disabilities shall be entitled to equal \r\nright of educational institutions at concessional rates, as determined by the Council \r\nthrough regulations, and shall have the right to adequate facilities for their education \r\nwithout any discrimination.  \r\n(2) No person with disabilities, if qualified for admission, shall be denied \r\nadmission into any educational institution due to his disability. \r\n(3) No educational institution shall discriminate against or abuse or \r\notherwise violate the rights of a „Person with Disabilities‟ at his place of education. \r\n(4) The educational institutions shall offer accommodation to persons with \r\ndisabilities in the hostels, where applicable, on such concessional rates as the \r\nCouncil may determine. \r\n(5) There shall be established an inclusive education system in the \r\neducational institutions where not less than three percent of the total number of \r\nstudents shall be students with disabilities. \r\n(6) The educational institutions shall: \r\n(a) provide necessary support and conducive environment to maximize \r\nacademic and social development of persons with disabilities; \r\n(b) ensure that education to those with visual impairments and those with \r\nhearing impairment is imparted in the most appropriate languages, \r\nmodes and means; \r\n(c) devise procedure and mechanism in consultation with the Council and \r\nSpecialized Healthcare and Medical Education Department and \r\nPrimary and Secondary Healthcare Department to detect specific \r\nlearning disabilities in children at the earliest, and take suitable \r\npedagogical and other measures to overcome such disabilities; \r\n(d) monitor participation, progress in terms of attainment levels, and \r\ncompletion of education in respect of every student with disability; and \r\n(e) make suitable modifications in the curriculum and examination system \r\nto meet the needs of students with disabilities, including measures for \r\nprovision of extra time for completion of examination paper, facility of \r\nscribe or amanuensis, exemption from second and third language \r\ncourses, etc.  \r\n(7) The Government shall:  \r\n(a) conduct surveys of school-going children periodically to identify \r\nchildren with disabilities, ascertain their special needs and the extent to \r\nwhich such needs are being met:  \r\nprovided that the first survey shall be conducted within a period \r\nof two years from the date of commencement of this Act;  \r\n(b) arrange special trainings for the teachers who are qualified in sign \r\nlanguage and Braille, are engaged in teaching the students with \r\nintellectual disabilities;  \r\n(c) provide special training to professionals and staff to support inclusive \r\neducation at all levels of school education;  \r\n(d) promote the use of appropriate augmentative and alternative modes \r\nincluding means and formats of communication, Braille and sign \r\nlanguage to supplement the use of one‟s own speech to fulfil the daily \r\ncommunication needs of persons with speech, communication or \r\nlanguage disabilities;  \r\n(e) take necessary measures for provision of books and other learning \r\nmaterials, as well as appropriate assistive devices to students with \r\ndisabilities free of cost up to the age of eighteen years;  \r\n(f) provide scholarships in appropriate cases to students with disabilities; \r\nand \r\n(g) ensure that persons with disabilities are given full access to all modes \r\nand means of education including vocational training, online education, \r\ndistance learning and adult education.  \r\n9. Right to live independently in community.- (1) Persons with disabilities \r\nshall have the right to live independently in the community without any \r\ndiscrimination. \r\n(2) A person with a disability shall in no case be denied access to \r\ncommunal facilities and services or excluded or segregated from his community on \r\nthe basis of his disability.  \r\n10. Right to home and family.- (1) No person with a disability shall be separated \r\nfrom his family on the grounds of disability unless a court of law requires him to be \r\nso separated in his best interest. \r\n(2) Where the immediate family of a person with a disability is unable to \r\ncater for such person, arrangements shall be made to place such person at a setup \r\nor an institution suitable for his safe living. \r\n(3) The Government shall take measures necessary to support the parents \r\nor primary caregivers of persons with disabilities, including the provision of short-\r\nterm care through the setting up of respite care centres. \r\n(4) Persons with disabilities shall have the right to marry of their own \r\nchoice and raise their family without any discrimination. \r\n(5) No person with a disability shall be subjected to any forced medical or \r\nsurgical procedure or forced sterilization.  \r\n11. Freedom of expression and right to information.- (1) Persons with \r\nDisabilities shall have full and equitable rights with regards to freedom of speech, \r\nright to expression and information.  \r\n12. Right of political participation.- (1) Persons with disabilities shall have right \r\nto participate in the political activity including exercising the right of vote and the right \r\nto be elected to an elected body. \r\n(2) As far as possible, the polling stations shall be accessible to persons \r\nwith disabilities, and allied facilities shall be provided to them to cast their votes \r\nconfidentially and without any difficulty.  \r\n13. Access to justice.- (1) Persons with disabilities shall have  effective access \r\nto the justice system without any discrimination in courts of law, tribunals, police and \r\nother law enforcement agencies. \r\n(2) All judicial officers shall be adequately trained to understand the \r\nimportance of dispensing justice particularly to the persons with disabilities and on \r\nmatters relating to them. \r\n14. Equity in healthcare and rehabilitation.- (1) Persons with disabilities shall \r\nbe provided barrier-free access to all necessary public health services and \r\ninfrastructure free of cost on priority basis.  \r\n(2) The Government shall: \r\n(a) encourage private sector healthcare providers, through appropriate \r\nincentives, to provide quality services to persons with disabilities at \r\naffordable rates or for free; \r\n(b) take all such measures as may be necessary for early identification of \r\nand early intervention in disabilities; \r\n(c) undertake initiatives to promote, support and implement community-\r\nbased rehabilitation and research initiatives at the community level; and \r\n(d) conduct, with the help of the medical and scientific community, \r\nresearch to identify causes of various disabilities and create awareness \r\nin the public to adopt practices that may help in prevention of \r\ndisabilities. \r\n15. Right to inherit and own property.-  No person with a disability shall be \r\ndenied the right to inherit and/or own property. \r\n16. Participation in sports, cultural and recreational activities.- Persons with \r\ndisabilities shall be entitled to provision of effective opportunities to participate in \r\nsports, games, cultural and recreational activities. \r\n17. Protection in risk and disaster situations.- Persons with disabilities shall be \r\ngiven protection and safety on priority basis in situations of risk and natural or human \r\ndisasters, and they shall immediately be removed from such areas and moved to a \r\nsafe place for early rehabilitation. \r\n18. Right to certification.- Persons with disabilities shall have the right to be \r\nassessed, examined and certified by the Board in a manner that takes full account of \r\nhis particular needs, and without imposing a disproportionate or undue burden in a \r\nparticular case. \r\nPART III \r\nPROTECTION, WELFARE AND REHABILITATION \r\n19. Establishment of Council.- (1) The Government may, by notification, \r\nestablish a Council to be known as Council on Rights of Persons with Disabilities for \r\ncarrying out the purposes of this Act. \r\n(2) The Council shall be a body corporate, having perpetual succession \r\nand a common seal, with powers, subject to the provisions of this Act, to acquire and \r\nhold property, both movable and immovable, and may, by the said name, sue and be \r\nsued. \r\n (3) The Council shall not dispose of any immovable property without prior \r\nconsent in writing of the Government. \r\n (4) The Council shall consist of the following: \r\n(a)  Minister for Social Welfare and Bait-ul-Maal \r\nPunjab; \r\nChairperson \r\n(b)  Secretary of the Department; Vice Chairperson \r\n(c)  three members of Provincial Assembly of \r\nthe Punjab, including at least one woman \r\nmember of the Assembly to be nominated \r\nby the Speaker of the Assembly; \r\nmembers \r\n6\r\n[(ca) Secretary to Government of the Punjab, \r\nPlanning and Development Board; \r\n           member] \r\n(d)  Secretary to Government of the Punjab, \r\nFinance Department; \r\nmember \r\n(e)  Secretary to Government of the Punjab, \r\nLiteracy and Non-Formal Education \r\nDepartment; \r\nmember \r\n(f)  Secretary to Government of the Punjab, \r\nSports and Youth Affairs Department; \r\nmember \r\n(g)  Secretary to Government of the Punjab, \r\nWomen Development Department; \r\nmember \r\n(h)  Secretary to Government of the Punjab, \r\nCommunication and Works Department; \r\nmember \r\n(i)  Secretary to Government of the Punjab, \r\nHigher Education Department; \r\nmember \r\n(j)  Secretary to Government of the Punjab, \r\nSpecialized Healthcare and Medical \r\nEducation Department; \r\nmember \r\n(k)  Secretary to Government of the Punjab, \r\nPrimary and Secondary Healthcare \r\nDepartment; \r\nmember \r\n                                                           \r\n6Inserted by the Punjab Employment of Persons with Disabilities (Amendment) Act 2026 (XLI of 2026), and published in the \r\nPunjab Gazette (Extraordinary), dated: 25 February 2026, pp 4543-4544, s.3 \r\n(l)  Secretary to Government of the Punjab, \r\nSpecial Education Department; \r\nmember \r\n(m) Secretary to Government of the Punjab, \r\nSchool Education Department; \r\nmember \r\n(n)  Secretary to Government of the Punjab, \r\nHousing, Urban Development and Public \r\nhealth Department; \r\nmember \r\n(o)  Secretary Government of the Punjab, \r\nLabour and Human Resource Department; \r\nmember \r\n(p)  Secretary to Government of the Punjab, \r\nZakat and Ushr Department; \r\nmember \r\n(q)  Chief Executive Officer, Punjab Social \r\nProtection Authority; \r\nmember \r\n(r)  one representative to be nominated by the \r\nPresident Lahore Chamber of Commerce \r\nand Industry; \r\nnon-official member \r\n(s)  two persons including at least one woman \r\nto be nominated by the Department from \r\nthe NGOs engaged in the welfare work of \r\npersons with disabilities \r\nnon-official members \r\n(t)  three persons with disabilities at least one \r\nwoman to be nominated by the \r\nDepartment. \r\nnon-official members \r\n(u)  One person having medical expertise in \r\nneuro developmental disabilities nominated \r\nby the Specialized Healthcare and Medical \r\nEducation Department;  \r\nnon-official member \r\n(v)  one person having medical expertise in \r\nphysical disabilities to be nominated by the \r\nSpecialized Healthcare and Medical \r\nEducation Department; and \r\nnon-official member \r\n(w)  Director General of the Department; member/Secretary \r\n(5) The non-official members of the Council shall be appointed for a term \r\nof three years extendable to one more term of one year. \r\n20. Functions and powers of the Council.- (1) The Council shall perform all \r\nsuch functions and exercise all such powers as may be required for the enforcement \r\nof the rights and entitlements of persons with disabilities mentioned in PART II of this \r\nAct. \r\n(2) Without prejudice to the generality of the provisions of subsection (1), \r\nthe Council shall: \r\n(a) execute the policy made by the Government for employment, \r\nrehabilitation and welfare of persons with disabilities; \r\n(b) undertake appropriate projects for purposes of welfare of persons with \r\ndisabilities; \r\n(c) issue directions to the Units or any other bodies for the implementation \r\nof the projects of the Council;  \r\n(d) evaluate the extent of functional disabilities of persons with disabilities; \r\n(e) evaluate, assess and coordinate the execution of its policies; \r\n(f) have overall responsibility for achievement of the purposes of this Act; \r\n(g) conduct surveys of persons with disabilities; \r\n(h) conduct research studies for welfare of persons with disabilities; \r\n(i) develop processes to ensure effective disability screening and \r\nevaluations of all children at least once a year;   \r\n(j) provide training to persons with disabilities; \r\n(k) take all possible measures to ensure the effective implementation of \r\nthe provisions of the United Nations Convention for Rights of Persons \r\nwith Disabilities (UNCRPD) and the ILO Convention on Vocational \r\nRehabilitation and Employment of (Disabled Persons) 1983; \r\n(l) ensure development, advancement and empowerment of women, \r\nchildren, transgender and elderly people with disabilities; \r\n(m) develop minimum standards of access and guidelines on removing \r\nbarriers and obstacles to access in buildings, roads, parks, places of \r\nentertainment, modes of transportation, housing, hospitals, schools, \r\nworkplaces, communication and information related services: \r\n provided that till such time that the Council develops its \r\nminimum standards and guidelines, the Code shall be deemed to be \r\nthe Council‟s minimum standards and guidelines for accessibility, \r\nmobility, and removal of barriers for persons with disabilities; \r\nprovided further that permission for all new infrastructure for \r\npublic use shall be subject to adherence of their building plans to the \r\nCouncil‟s minimum standards, guidelines and requirements, in addition \r\nto any other building byelaws enforced at the time by the Government. \r\n(n) ensure implementation both in public and private sectors, of the \r\nCouncil‟s minimum standards, guidelines and requirements pertaining \r\nto accessibility as well as the applicable building byelaws prevalent in \r\nthe Province; \r\n(o) ensure that all existing public buildings, roads, parks, places of \r\nentertainment, modes of transportation, hospitals, schools, workplaces, \r\ncommunication and information related services are made accessible \r\nin accordance with the standards, guidelines and requirements referred \r\nto in the Code within a period not exceeding five years from the date of \r\npromulgation of this Act; \r\n(p) implement procedures and programmes to promote the personal \r\nmobility of persons with disabilities at concessional cost; \r\n(q) develop and enforce guidelines allowing persons with disabilities to \r\nhave full and appropriate access to all forms of mass communication, \r\nincluding information technology; \r\n(r) take all necessary measures to protect persons with disabilities from \r\nabuse, violence, torture, cruel, inhuman or degrading treatment, and \r\nexploitation at the hands of any person, institution or authority; \r\n(s) take all necessary measures to ensure that persons with disabilities \r\nhave restriction-free access to communal facilities and services; \r\n(t) take all necessary measures for inclusion of persons with disabilities in \r\nsports, cultural, recreational and leisure activities; \r\n(u) coordinate and liaise with any authority, including disaster \r\nmanagement authorities, for ensuring priority rehabilitation of persons \r\nwith isabilities in situations of natural or human disasters; \r\n(v) conduct, encourage, support and promote awareness campaigns and \r\nsensitization programmes to ensure that the rights and entitlements of \r\npersons with disabilities provided under this Act are protected; \r\n(w) issue no objection certificates (NOCs), on such terms and conditions \r\nas may be prescribed by the Council, to any governmental or non-\r\ngovernmental organization for furtherance of the objectives \r\nenumerated in this Act, for a period of one year, subject to periodic \r\nreview; \r\n(x) ensure provision of any document or information, subject to the \r\napplicable laws, which may be requested by any persons with \r\ndisabilities; \r\n(y) impose and collect fines on violation, breach or non-compliance of the \r\nprovisions of the rules and regulations made, and measures taken \r\nunder this Act; and \r\n(z) ensure effective provision and enforcement of the rights and \r\nentitlements listed in PART III of this Act through rules or regulations. \r\n(3) The Council shall have the powers to take such other measures as are \r\nnecessary for carrying out the purposes of this Act. \r\n(4) The Council may assign any of its functions to a person on such terms \r\nand conditions as may be agreed between the Council and the person. \r\n(5) The Council may, by an order in writing, constitute an executive \r\ncommittee and such other special committees from within its membership for \r\nperformance of the functions listed in this section: \r\nprovided that all acts, proceedings, orders and decisions of such executive \r\ncommittee shall always be subject to ratification by the Council.  \r\n21. Appointments.- The Council may in the prescribed manner through the \r\nregulations, appoint such inspectors, officers, advisors any other and employees as \r\nit considers necessary for purposes of its efficient functioning under this Act. \r\n22. Meetings of the Council.- (1) The meetings and other business of the \r\nCouncil shall be conducted in such manner and in accordance with such procedure \r\nas may be prescribed through regulations, and until so prescribed, as the \r\nChairperson of the Council may direct. \r\n(2) The powers and functions of the Chairperson shall, in his absence, be \r\nexercised and performed by Vice Chairperson. \r\n(3) The quorum for the meetings of the Council shall be at least one fourth \r\nof its total members that includes not less than two non-official members. \r\n(4) No act, proceedings or decision of the Council shall be called in \r\nquestion or declared invalid merely by reason of the existence of a vacancy, or any \r\ndefect, in the constitution of the Council. \r\n23. Advisory Committees.- (1) The Council may appoint such advisory \r\ncommittees consisting of such members or persons as it deems fit, and may refer to \r\nthem any matter for advice, consideration and report: \r\nprovided that not less than three-fourths of the membership of an advisory \r\ncommittee shall comprise of eminent experts on the subjects to which such advice, \r\nconsideration and report may pertain.  \r\n(2) The advisory committees shall perform such functions and in such \r\nmanner as may be prescribed through regulation or until so prescribed as may be \r\ndetermined by the Council from time to time.  \r\n(3) The Council may, if it considers necessary, co-opt any person to an \r\nadvisory committee. \r\n24. District Welfare and Rehabilitation Units.- (1) The Council shall by \r\nnotification constitute a District Welfare and Rehabilitation Unit in each district to \r\nexercise such powers and perform such functions as may be assigned to it under the \r\nprovisions of this Act, rules and regulations made there under. \r\n(2) A Unit shall consist of the following: \r\n(a) Deputy Commissioner concerned Chairperson \r\n(b) District Zakat Officer;  member \r\n(c) District Manager, Technical and Vocational Training \r\nAuthority (TEVTA); \r\nmember \r\n(d) District Head of Primary and Secondary Health care \r\nDepartment of the Government \r\nmember \r\n(e) District head of School Education Department of the \r\nGovernment; \r\nmember \r\n(f) District head of Sports; member \r\n(g) District Head of Industries, Commerce, Investment \r\nand Skills Development Department of the \r\nGovernment; \r\nmember \r\n(h) District Head of Labour and Human Resource \r\nDepartment of the Government; \r\nmember \r\n(i) District head of Special Education Department of \r\nthe Government; \r\nmember \r\n(j) one prominent social worker to be nominated by the \r\nChairperson of a Unit; \r\nnon-official \r\nmember \r\n(k) four Persons with Disabilities including at least one \r\neach from the persons with visual impairment, \r\nhearing impairment, any physical disability and \r\nintellectual disability engaged in welfare of persons \r\nwith disabilities; \r\nnon-official \r\nmembers \r\n(l) one person from amongst the parents of a Person \r\nwith Disabilities to be nominated by the Chairperson \r\nof a Unit; and \r\nnon-official \r\nmember \r\n(m) one representative of the local government to be \r\nnominated by the Head of local government at the \r\nDistrict concerned. \r\nmember \r\n(n) District Head of the Department; member/ \r\nsecretary \r\n(3) A Unit, through regulations, shall have the following powers and \r\nfunctions: \r\n(a) collection of data of establishments for purposes of this Act;  \r\n(b) facilitation of persons with disabilities through different modes \r\nregarding employment and training, as the case may be; \r\n(c) referral of persons with disabilities for medical treatment and financial \r\nassistance; \r\n(d) maintenance of database of persons with disabilities to whom \r\ncertificate has been issued by the Board; \r\n(e) coordination with any authority or entity from both the public and private \r\nsector, including but not limited to the Chamber of Commerce, \r\nphilanthropists and NGOs, for purposes of rehabilitation of persons with \r\ndisabilities; \r\n(f) redressal of grievances of persons with disabilities through order after \r\naffording an opportunity of hearing to the concerned parties; \r\n(g) facilitation and guidance of persons with disabilities for job application \r\nin both the public and private sector; \r\n(h) provision of financial assistance to persons with disabilities from the \r\nFund; \r\n(i) arranging for adult literacy with the collaboration of Literacy and Non-\r\nFormal Basic Education Department of the Government and NGOs; \r\n(j) preparation of monthly progress reports and their submission to the \r\nCouncil; and \r\n(k) any other powers or functions as may be conferred by the Council, \r\nfrom time to time. \r\n25. Meetings of the Units.- (1) The meetings of the Units shall be conducted in \r\naccordance with such procedure as may be prescribed through regulations, and until \r\nsuch procedure is prescribed, in such manner as the Council may direct. \r\n(2) The powers and functions of the Chairperson shall, in his absence, be \r\nexercised and performed by secretary of the Unit. \r\n(3) The quorum for the meetings of the Unit shall be at least one third of its \r\ntotal members that includes not less than three non-official members. \r\n(4) No act, proceedings or decision of the Unit shall be called in question \r\nor declared invalid merely by reason of the existence of a vacancy, or any defect, in \r\nthe constitution of the Unit. \r\n26. Appeal to the Council.- (1) Any person aggrieved by an order passed by the \r\nDistrict Welfare and Rehabilitation Unit, may prefer an appeal to the Council within \r\nthirty days of the date of the order.  \r\n(2) The Council may call for the record of the case and may, after giving \r\nhearing opportunity and after making such enquiry as it deems necessary, stay or \r\nsuspend the operation of the order or may pass such order, as it deems appropriate. \r\n(3) The Council shall decide an appeal under subsection (1) of this section \r\nexpeditiously and no later than within sixty days from the date of filing of such \r\nappeal.   \r\n27. Assessment Board for persons with disabilities.- (1) Assessment Board \r\nfor persons with disabilities shall be established in the prescribed manner through \r\nregulations of the Council consisting of such members as the Council deems \r\nappropriate. \r\n(2) The Board shall examine the persons with disabilities to assess the \r\nnature of his functional differentiability, aptitude, nature and ability to work in \r\naccordance with the regulations of the Council, and shall issue Certificate on the \r\nbasis of such assessment.  \r\n28. Provincial Assessment Committee.- (1) The Council shall notify a Provincial \r\nAssessment Committee comprising of such members, as it deems appropriate, who \r\nare experts or specialists in the fields of Physical Impairment or Intellectual \r\nImpairment or Hearing and Vocal Impairment, or Visual Impairment or Medical \r\nImpairment or Neuro Impairment. \r\n(2) The Provincial Assessment Committee shall: \r\n(a) review the complicated and disputed cases referred by the Board \r\nthrough the Council; and \r\n(b) hear and decide the appeals, preferred against the assessment of the \r\nBoard within sixty days of receiving the appeal. \r\n(3) The Provincial Assessment Committee may confirm, modify or reverse \r\nthe assessment decision of a Board. \r\n(4) The Provincial Assessment Committee shall frame guidelines for \r\nassessment of persons with disabilities. \r\n29. Appeal to the Provincial Assessment Committee.- Any person aggrieved \r\nby assessment decision of the Board, may prefer an appeal to the Provincial \r\nAssessment Committee within thirty days of the date of such assessment. \r\n30. Registration of persons with disabilities.- (1) Any Person with Disabilities \r\ndesirous of being employed or otherwise facilitated or rehabilitated may be \r\nregistered with the Unit of the respective district after getting Certificate from the \r\nBoard in such form and in such manner as may be prescribed through regulations of \r\nthe Council, and until such manner is prescribed, in such manner as the Council may \r\ndirect. \r\n(2) The Unit shall record the particulars of every Person with Disabilities \r\nhaving obtained a Certificate from the Board, and shall indicate the nature of work \r\naccording to his disability for which he may be employed, or the trade or vocation in \r\nwhich he may be trained, and an endorsement to that effect shall be made against \r\nhis name in the register. \r\n31. Establishments to employ persons with disabilities.- (1) Not less than \r\nthree percent of the total number of persons employed by an establishment at any \r\ntime shall be persons with disabilities; \r\n(2) The recruitment against reserved posts under subsection (1) shall be \r\nmade in accordance with the procedure, criteria and qualification as may be notified \r\nby the Council from time to time for each category of persons with disabilities: \r\n provided that persons with short-term or temporary disabilities shall remain \r\nunqualified for recruitment against the posts reserved under subsection (1); \r\nprovided further that the reserved posts shall be divided equally amongst \r\nvisually impaired persons, hearing impaired persons, persons with other physical \r\ndisabilities, and intellectually impaired persons. \r\n(3) When calculating the percentage of the posts in an establishment for \r\nthe purposes of employment of Persons with Disabilities, the fraction of 0.5 and \r\nabove shall count as a whole number. \r\n(4) Such persons with disabilities whose names have been registered with \r\nthe Unit and declared fit to work shall be employed by the establishments as per \r\nquota mentioned in subsection (1). \r\n(5) A person with a disability employed against any post in pursuance of \r\nsubsection (1) shall be entitled to such terms and conditions as are not less \r\nfavorable than those of the other persons employed by the an establishment against \r\nsimilar posts. \r\n32. Establishment to pay to the Fund.- An establishment that does not employ \r\npersons with disabilities as required under section 31 shall, on a monthly basis, pay \r\ninto the Fund, a sum of money not less than the Minimum Wages notified by the \r\nGovernment under the Punjab Minimum Wages Act, 2019, or a sum of money not \r\nless than what it would have paid as salary or wages to a „Person with Disabilities‟ \r\nhad he been employed, whichever is greater. \r\n33. Monitoring of establishments and collection of Fund.- (1) The monitoring \r\nof establishments for employment of persons with disabilities and payment into the \r\nFund, as required under Section 31 and 32 of this Act, shall be made with the \r\nassistance of The Punjab Employees Social Security Institution (PESSI) as \r\nprescribed under rules notified by the Government.  \r\n(2) In case an establishment fails to pay into the Fund, as required under \r\nsection 32 of this Act, recovery of such payments shall be made in accordance with \r\nthe provisions of The Provincial Employees‟ Social Security Ordinance, 1965 \r\n(Ordinance X of 1965), and the procedure provided in sections 66, 67 and all other \r\nenabling provisions of Ordinance X of 1965 shall, mutatis mutandis, apply and be \r\nfollowed.  \r\n34. Establishments to furnish information.- (1) Every establishment shall \r\nfurnish: \r\n(a)  to the Council, or such person or authority authorized by the Council, \r\nany information required for the implementation of the provisions of this \r\nAct in such form and in such manner as the Council may prescribe; \r\nand \r\n(b)  to the Unit such particulars with regard to prescribed quota for persons \r\nwith disabilities and other records and information as may be required \r\nfrom time to time. \r\n(2) The Unit shall have the powers to call upon, through notice to the \r\nestablishment, any record and information for the compliance of the law.  \r\n35. Special Courts for persons with disabilities.- (1) For the purpose of speedy \r\njustice, the Government shall, with the concurrence of the Chief Justice of the \r\nLahore High Court, by notification, specify or designate for each district, a Court of \r\nSessions to be a Special Court for Persons with Disabilities to try the offences under \r\nthis Act. \r\n(2) Until a Special Court is specified or designated for each district, the \r\nLahore High Court may confer powers of the Special Court for a district upon a \r\nSessions Judge or an Additional Sessions Judge.  \r\nPART IV \r\nOFFENCES AND PENALTIES \r\n36. Fine.- Any person who contravenes any provision of the regulations or Code, \r\nthe Council may impose upon him fine which may extend to five hundred thousand \r\nrupees but it shall not be less than one hundred thousand rupees. \r\n37. Punishment for fraudulently availing any benefit meant for persons with \r\ndisabilities.- Whoever fraudulently avails or attempts to avail any benefit meant for \r\npersons with disabilities, shall be punishable with imprisonment for a term which may \r\nextend to two years or with fine which may extend to one hundred thousand rupees \r\nor with both.  \r\n38. Punishment for other offences.- Whoever: \r\n(a) intentionally insults or intimidates with intent to humiliate a person with \r\na disability in any place within public view; \r\n(b) having the actual charge or control over a person with a disability \r\nvoluntarily or knowingly denies food to him; \r\n(c) being in a position to dominate the will of a child or woman with a \r\ndisability and uses that position to exploit him or her sexually; \r\n(d) voluntarily injures, damages or interferes with the use of any limb or \r\nsense or any supporting device of a person with a disability; or \r\n(e) performs, conducts or directs any medical procedure to be performed \r\non a woman with a disability which leads to or is likely to lead to \r\ntermination of pregnancy without her express consent except in cases \r\nwhere medical procedure for termination of pregnancy is done in \r\nsevere cases of disabilities and with the opinion of a registered medical \r\npractitioner and also with the consent of the guardian of the woman \r\nwith disabilities, shall be punished with imprisonment for a term which \r\nmay extend to five years which shall not be less than six months and \r\nwith fine of up five hundred thousand rupees. \r\n39. Punishment for failure to furnish information.- Whoever, fails to produce \r\nany book, account or other documents or to furnish any statement, information or \r\nparticulars which, under this Act or any order, or direction made or given there under, \r\nhe is duty bound to produce or furnish or to answer any question put in pursuance of \r\nthe provisions of this Act or of any order, or direction made or given there under, \r\nshall be punished with fine which may extend to fifty thousand rupees in respect of \r\neach offence, and in case of continued failure or refusal, with further fine which may \r\nextend to one thousand rupees for each day of continued failure or refusal after the \r\ndate of original order imposing punishment of fine. \r\n40. Application of offences.- Where an act or omission constitutes an offence \r\npunishable under this Act and also under any other Act, then, notwithstanding \r\nanything contained in any other law for the time being in force, the offender found \r\nguilty of such offence shall be liable to punishment only under such Act as provides \r\nfor punishment which is greater in degree. \r\n41. Cognizance and trial of offences.- (1) No court other than the Special Court \r\nconstituted under this Act shall take cognizance of or try the offences under sections \r\n38, 39 and 40 of this Act. \r\n(2) Notwithstanding anything contained in any other law for the time being \r\nin force, the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), \r\nshall mutatis mutandis, apply to the proceedings relating to the offences under \r\nsections 37, 38 and 39 of this Act. \r\n(3) Subject to sub section (1), the provisions of Chapter XXIIA of the Code \r\nof Criminal Procedure, 1898 (Act V of 1898) shall apply to trials under this Act. \r\n42. Appeal.- (1) Any person aggrieved by an order of the Council for imposition of \r\nfine or by an order of a Special Court may, within thirty days from the date of \r\ncommunication of the order of the Council or the Special Court as the case may be, \r\nprefer an appeal to the High Court  \r\nPART V \r\nFINANCES AND REPORTS \r\n43. Fund.- (1) There shall be established a Fund for the purposes of this Act, to \r\nbe known as the „Persons with Disabilities Rehabilitation Fund‟ which shall vest in, \r\nand be administered and controlled by, the Council in the prescribed manner. \r\n(2) The Fund shall consist of: \r\n(a) all sums paid by the establishments under this Act; \r\n(b) all grants made by the Government; \r\n(c) donations by private individuals or organizations; \r\n(d) fines and penalties under this Act; and \r\n(e) all other sums receivable by the Council. \r\nExplanation.- For the purposes of this section, Government includes the \r\nFederal Government and the Local Government.  \r\n44. Bank accounts.- The Council may open and maintain its accounts at such \r\nscheduled banks as may be prescribed, and until so prescribed, as the Government \r\nmay determine.  \r\n45. Budget and accounts.- (1) The Council shall maintain proper accounts and \r\nother records relating to its financial affairs including its income and expenditures \r\nand its assets and liabilities in such form and manner as may be prescribed. \r\n(2) After the conclusion of a financial year, the Council, in the manner \r\nprescribed, shall cause to be prepared for the financial year its statements of \r\naccount which shall include a balance-sheet and an account of income and \r\nexpenditures. \r\n(3) The Council shall approve its annual budget for a financial year in the \r\nprescribed manner. \r\n(4) No expenditure for which provision has not been made in any approved \r\nbudget shall be incurred without prior approval of the Council. \r\n46. Audit.– (1) The Auditor General of Pakistan shall annually audit the accounts \r\nof the Council. \r\n(2) The Government, may in addition to the audit under subsection (1), \r\ncause the accounts of the Council annually audited by a Chartered Accountant or a \r\nfirm of Chartered Accountants. \r\n(3) The auditor appointed under subsection (2) shall be provided such \r\naccess to the books, accounts and other documents as may be considered \r\nnecessary for the audit of accounts. \r\n(4) The auditor shall submit the annual or any special audit report to the \r\nCouncil, and the Council, under intimation to the Government, shall take appropriate \r\nremedial or other action in the light of the audit report. \r\n47. Annual report.– (1) The Council shall, within three months of the close of a \r\nfinancial year, submit to the Government an annual performance report. \r\n(2) The report shall consist of: \r\n(a)  the statement of accounts and audit reports of the Council; \r\n(b)  a comprehensive statement of the work and activities of the Council \r\nduring the preceding financial year and its proposed projects and \r\nschemes; and \r\n(c)  such other matters as may be prescribed or as the Council may \r\nconsider appropriate. \r\n(3) The Government shall cause the report received under subsection (1) \r\nto be laid before Provincial Assembly of the Punjab.  \r\nPART VI \r\nMISCELLANEOUS \r\n48. Assistance to the Council.- All executive authorities and law enforcement \r\nagencies of the Government shall act in aid of the Council \r\n49. Indemnity.- No suit, prosecution or legal proceedings shall lie against any \r\nperson in respect of anything done in good faith under this Act or the rules made \r\nthere under. \r\n50. Delegation of powers.- The Council may, by notification, delegate all or any \r\nof its powers and functions under this Act or the rules made there under except the \r\npowers mentioned in PART V and the power to frame regulations, to any of \r\nsubordinate authority as may be considered expedient by it. \r\n51. Removal of difficulties.- If any difficulty arises in giving effect to any \r\nprovisions of this Act, the Government may make such orders not inconsistent with \r\nthe provisions of this Act as may appear to it to be necessary for the purpose of \r\nremoving such difficulty. \r\n52. Act to prevail over other laws.- If there is inconsistency between the \r\nprovisions of this Act and the provisions of any other law, the provisions of this Act \r\nshall prevail to the extent of such inconsistency. \r\n53. Power to amend the Schedule.- The Government may, on the \r\nrecommendation of the council, amend the Schedule from time to time by notification \r\nin the official Gazette for carrying out the purposes of the Act. \r\n54. Power to make rules.- The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of the Act. \r\n55. Power to frame regulations.- Subject to the provisions of this Act and the \r\nrules, the Council may, by notification in the official Gazette, frame regulations for \r\ncarrying out the purposes of the Act. \r\n56. Repeal and savings.- ((1) The Disabled Persons (Employment and \r\nRehabilitation) Ordinance, 1981 (XL of 1981) is hereby repealed.  \r\n(2) Save as otherwise provided in this Act, the repeal shall not affect:  \r\n(a) the previous operation of the Disabled Persons (Employment and \r\nRehabilitation) Ordinance, 1981 or anything duly done or suffered there \r\nunder; \r\n(b) any right, privilege, obligation or liability acquired, accrued or incurred \r\nunder the repealed Ordinance; \r\n(c) any penalty, forfeiture or punishment incurred in respect of any offence \r\ncommitted under the repealed Ordinance; and \r\n(d) any legal proceedings or remedy in respect of any such right, privilege, \r\nobligation, liability, penalty, forfeiture or punishment as aforesaid, and \r\nany such legal proceedings or remedy instituted, continued or enforced \r\nand any such penalty, forfeiture and punishment imposed under the \r\nrepealed Ordinance. \r\n \r\nSCHEDULE  \r\n[See section 2(q)] \r\n1. Physical Disabilities \r\n(a) Cerebral Palsy \r\n(b) Muscular Dystrophy \r\n(c) Restricted Growth, i.e. proportionate short stature (PSS) and/or \r\ndisproportionate short stature (DSS) \r\n(d) Polio and related disabilities \r\n(e) Blindness \r\n(f) Low-vision \r\n(g) Deafness \r\n(h) Hardness of Hearing \r\n(i) Speech Disorders \r\n(j) Aphasia \r\n \r\n2. Neuro Developmental Disorders \r\n(a) Global Developmental Delay \r\n(b) Intellectual Disability \r\n(c) Cerebral Palsy \r\n(d) Down Syndrome \r\n(e) Attention Deficit Hyperactive Disorder (ADHD) \r\n(f) Autism Spectrum Disorder (ASD) \r\n(g) Communication Disorders \r\n(h) Specific Learning Disabilities \r\n(i) Epilepsy \r\n(j) Post Meningitis / encephalitis sequelae \r\n(k) Dyslexia \r\n(l) Dyscalculia \r\n(m) Dyspraxia \r\n(n) Angel man Syndrome \r\n(o) Tourette Syndrome \r\n(p) Rett Syndrome \r\n(q) Fragile X Syndrome \r\n \r\n3. Chronic Neurological Disabilities \r\n(a) Multiple Sclerosis \r\n(b) Parkinson's disease",
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