Section 32 & 33 of Disability Act 1995

This query is : Resolved 

Querist : Anonymous (Querist)
28 November 2009


Pliz read the Section 32 & 33 of Disability Act 1995:

Section 32 of the PWD Act 1995, it dictates that every appropriate Govt such as state Govt. shall identify jobs/services in its establishments for purview of 3% reservation for persons with disability.

Section 33 dictates that-
" Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent. for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-

(i) Blindness or low vision;

(ii) Bearing impairment;

(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section."

My query Now Is....????????
Q. Suppose, State Govt. has identified Jobs/Services in its establishment by constituting an expert committee as per mandate of section 32 of the PWD Act 1995. But has excluded certain posts from the purview of 3% reservation due to certain valid reasons, which are however identified by the Ministry of Social Justice Govt. of India.
Now, Is it compulsary for the State Govt. to sought necessary permission for exemption from Ministry of Social Justice & Empower, Govt. of India ? or no such permission is necessary for exemption ?

Please, reply its urgent !!!


raj kumar makkad (Expert)
28 November 2009

Permission from Central govt. is necessary to be obtained by state Govt. in the given matter.

Querist : Anonymous (Querist)
28 November 2009

Thank u raj kumar maddad ji,

Actually,I am locomotory disable and have a case going right now related to the above issue. My case is that I could not be appointed under PH quota because the post is not identified by state Govt. while the same has been identified by the Central Govt.

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