Indeed a welcoming initiative!
However, I am afraid, the Government sector itself has been fail to fill all
the jobs for persons with disabilities with honesty. In this situation, how
come the proposed rule will be implemented with full zest and honesty.
Anyways, being on the positive side, lets hope for the best and anticipate
more employment for the disabled.
Regards,
Amit Bhatt
----- Original Message -----
From: "avinash shahi" <[email protected]>
To: "jnuvision" <[email protected]>; "accessindia"
<[email protected]>
Sent: Saturday, November 24, 2012 1:30 PM
Subject: [AI] Private companies could soon be penalised for not hiringpeople
with disabilities
If this proposed legislation goes expectedly, time is not far most of
us will have smily faces in private sector also.
And every responsibility can not be given to government, kalam say.
So be ready to serve everywhere...
Telegraph URL:
http://www.telegraphindia.com/1121124/jsp/nation/story_16235090.jsp
Disability jab at companies
ANANYA SENGUPTA
New Delhi, Nov. 23: Private companies could soon be penalised for not
hiring people with disabilities or discriminating against such
employees, according to a draft bill that has for the first time
brought the sector under the ambit of a planned legislation.
The existing 1995 law, which the social justice ministry seeks to
replace, covers only public sector organisations or those aided by the
government.
The ministry is in the final stage of consultation with all
stakeholders and will send the draft to the cabinet soon, sources
said.
The Draft Rights of Persons with Disabilities Bill, 2012, has expanded
the definition of the term “establishment” to include the private
sector and increased the percentage of jobs to be set aside for the
differently abled. While such reservation is not binding on private
companies, the draft has recommended financial incentives and
disincentives to make such firms fall in line.
“The three big-ticket changes in the draft are that reservation for
disabled people has been increased from three to five per cent;
second, many new disabilities have been added and, third, the private
sector will now be accountable…. If you ask me which of the three is
the most significant, I would say the last one,” said Javed Abidi,
director of the National Centre for Promotion of Employment for
Disabled People.
“Also, incorporating the private sector in the definition of
‘establishments’ means they have to abide by the general provisions of
the law, unless specified otherwise.”
The Disability Rights Group founder believes the proposed legislation
will be a step in the right direction. “If this bill is passed, many
jobs once closed to the disabled will open up,” he said.
The draft has also expanded the list of disabilities, including
disorders like autism, haemophilia and thalassaemia, and speech
impairment that were not part of the People with Disabilities Act,
1995.
The bill has recommended stiff penalties for not having proper
infrastructure for the differently abled and discriminating against
such employees.
The penalty can extend up to Rs 50,000 with an additional fine of up
to Rs 1,000 for every day of continued contravention since the date
the punishment was imposed.
The draft has a separate chapter on the private sector with
instructions for state governments to ensure that employers reserve at
least 5 per cent of jobs for the differently abled within a period of
five years after the proposed law kicks in.
Although the draft does not make such reservation mandatory for
private companies, it has suggested incentives and disincentives to
make such companies do so.
It says if a company, with 20 or more staff, has differently abled
employees who make up at least 5 per cent of the workforce, it shall
be eligible to deduct from its taxable income an amount equal to the
salary of these employees in excess of the 5 per cent.
In other words, if a company with 100 employees has seven differently
abled persons on its rolls, it can deduct from its taxable income the
salaries of two such employees.
But if a company with 100 employees has, say, just three differently
abled people on its rolls, it shall be liable to add to its taxable
income the amount equal to the salaries of two of these employees.
Abidi explained why this carrot-and-stick policy could work. “The
government cannot enforce any reservation on the private sector. By
giving the sector tax exemptions, the government has given them an
impetus to hire differently abled people,” he said. “Also, employers
would rather hire their quota of differently abled people than pay
more tax.”
--
Avinash Shahi
MPhil Research Scholar
Centre for the Study of Law and Governance
Jawaharlal Nehru University
New Delhi India
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