sir,
I completely agree with you except the words
"demand will beat the supply!!!!"
Umesha
----- Original Message -----
From: "akhilesh" <[email protected]>
To: <[email protected]>
Sent: Saturday, 24 November, 2012 2:11 PM
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_accessindia.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.
Mobile: +91 9818798780
Email: [email protected]
New Delhi
Register at the dedicated AccessIndia list for discussing accessibility of
mobile phones / Tabs on:
http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.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
Register at the dedicated AccessIndia list for discussing accessibility of
mobile phones / Tabs on:
http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.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
