Disabilities Act, 2016

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1

Hello Everyone,

Can you put some light on Disabilities Act, 2016. it says as below. Is there any specific format for these policies. Who can be the Liaison Officer. Is it mandatory for ITES Business. Kindly let me know.

The Disabilities Act provides that if the employer engages more than twenty (20) employees, employer is required to appoint a Liaison Officer to oversee the recruitment of disabled persons and make the necessary provisions and facilities for such employees in the establishment. Further, the employer is also required to formulate an registered equal opportunity policy of the Company.

Regards,

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2

Hi Sreeja,

This Act applies to all private establishments including the ITES. The qualification of a Liaison officer is not provided explicitly under the Act or Rules. It will be as per the standard industry practice. The other community members having such an officer employed may suggest more on this.

To brief more on this Act -
The Rights of Persons with Disabilities Act, 2016 (also known as the Disabilities Act, 2016) should be read along with the rules framed under the Rights of Persons with Disabilities Rules, 2017.

This is enacted giving effect to the principles of the United Nations Convention on the Rights of Persons with Disabilities to ensure the livelihood of the disabled persons, safeguard disabled women and children, their dignity, education, employment opportunities, protection against discrimination, etc.

This Act subsumes the erstwhile Act i.e., the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The Disabilities Act categorizes disabled persons as –

  • Persons with disability

  • Persons with benchmark disability

  • Persons with disability having high support needs

Though the majority of obligations are imposed on the Central and State Governments, local authorities as applicable, there are certain obligations imposed on the establishments as well.

All the establishments including the private section are obligated to-

  • Notify an equal opportunity policy and register it with the Central or State Commissioner as applicable.

  • Provide the facilities, benefits, and accessible environment to disabled persons.

  • Appoint a Liaison officer in private establishments having more than 20 employees to oversee the recruitment of disabled persons with necessary benefits, facilities, training, assistive devices, special leave, etc.

  • Identify the suitable positions/vacancies for disabled persons.

  • Ensure the disabled persons are not discriminated except in cases where such act or omission is reasonably meant to achieve a legitimate aim.

  • Ensure that the building plan/structure, the physical environment, transport, information, and communication technology provides suitable accessibility as formulated by the Government.

  • Maintain records containing details of the disabled persons employed.

The private establishments employing at least 5% of their workforce with persons having benchmark disabilities will receive incentives from the appropriate Government.

Please find the Act and Rules here for further reference.
THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016.pdf (499.1 KB)
Rights of Persons with Disabilities Rules,.pdf (2.0 MB)

Hope the above helps.

Regards,
Bhuvana Anand

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