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Bare acts > Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 > Section 2
 
  


 

2. Definitions.- In this Act, unless the contest otherwise requires,-

(a) “Appropriate Government” means,-

(i) In relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924, (2 of 1924) the Central Government;

(ii) In relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government;

(iii) In respect of the Central Coordination Committee and the Central Executive Committee, the Central Government;

(iv) In respect of the State Coordination Committee and the State Executive Committee, the State Government;

(b) “Blindness” refers to a condition where a person suffers from any of the following conditions, namely

(i) Total absence of sight; or

(ii) Visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or

(iii) limitation of the field of vision subtending an angle of 20 degree or worse;

(c) “Central Coordination Committee” means the Central Coordination Committee constituted under sub-section (1) of section 3;

(d) “Central Executive Committee” means the Central Executive Committee constituted under sub-section (1) of section 9;

(e) “Cerebral palsy” means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;

(f) “Chief Commissioner” means the Chief Commissioner appointed under sub-section (1) of section 57,

(g) “Commissioner” means the Commissioner appointed under subsection (1) of section 60;

(h) “Competent authority” means the authority appointed under section 50;

(i) “Disability’ means-

(i) Blindness;

(ii) Low vision;

(iii) Leprosy-cured;

(iv) Hearing impairment;

(v) Locomotor disability;

(vi) Mental retardation;

(vii) Mental illness;

(j) “Employer” means,-

(i) In relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and

(ii) In relation to an establishment, the chief executive officer of that establishment;

(k) “Establishment” means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 617 of the Companies Act, 1956 (I of 1956) and includes Departments of a Government;

(1) “Hearing impairment” means loss of sixty decibels or more in the better year in the conversational range of frequencies;

(m) “Institution for persons with disabilities” means in institution for the reception, care, protection, education, training, rehabilitation or any other service of persons with disabilities;

(n) “Leprosy cured person” means any person who has been cured of leprosy but is suffering from-

(i) Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;

(ii) Manifest deformity and paresis but having Sufficient mobility in their hands and feet to enable them to engage in normal economic activity;

(iii) Extreme physical deformity as well as advanced age, which prevents him from undertaking any gainful occupation;

And the expression “leprosy cured” shall be construed accordingly;

(o) “Locomotor disability” means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy;

(p) “Medical authority” means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government;

(q) “Mental illness” means any mental disorder other than mental retardation;

(r) “Mental retardation” means a condition of arrested or incomplete development of mind of a person, which is specially characterised by subnormality of intelligence;

(s) “Notification” means a notification published in the Official Gazette;

(t) “Person with disability” means a person suffering from not less than forty per cent of any disability as certified by a medical authority;

(u) “Person with low vision” means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device.

(v) “Prescribed” means prescribed by rules made under this Act;

(w) “Rehabilitation” refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;

(x) “Special Employment Exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting-

(i) Persons who seek to engage employees from amongst the persons suffering from disabilities;

(ii) Persons with disability who seek employment;

(iii) Vacancies to which person with disability seeking employment may be appointed;

(y) “State Coordination Committee” means the State Coordination Committee constituted under sub-section (1) of section 13;

(z) “State Executive Committee” means the State Executive Committee constituted under sub-section (1) of section 19.

 

 

 

 

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