Well said. Acts will always be there, but what about the actions, I mean implementations. It is a well supported educational system which can produce qualified and qualitative employees. Much needs to be done with respect to education in order to think about employment. There are no Constitutional guarantees for persons with disabilities, no proper allocations in the Central and State budgets, not even 3percent is allotted, income restrictions are imposed to avail various provisions etc. Many new aspects should be incorporated in the proposed Rights Bill 2012.
Regards Rajasekhar -----Original Message----- From: AccessIndia [mailto:[email protected]] On Behalf Of akhilesh Sent: 24 November 2012 14:11 To: [email protected] Subject: Re: [AI] Private companies could soon be penalised for not hiring people with disabilities Hello, Applauds to such proposal, and in deed great news that draft seeks to bring the private sector in its ambit. But we should not forget that even Government instrumentalities have failed measurably to implement 3 percent reservation meant for persons with disabilities. If private giants come together to oppose the proposed, or even enacted provisions, and if litigation follows, the said provisions may collapse only for the fact that government institutions have measurably failed to implement 3 percent reservation, and hence it can not force to do the private sector which it could not do in 17 years!!!! We should not forget, that if such thing happens, private sector is capable enough to higher so called big guns of legal fraternity!!! I strongly believe, if current provisions for reservations are implemented properly and with an honest intent in government sector, demand will beat the supply!!!! Thanks and regards, On 11/24/12, avinash shahi <[email protected]> wrote: > 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 > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessind ia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > -- Akhilesh Dahiya, Advocate. 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