Yes, Wonderful efforts, indeed!
With thanks and regards (Rajesh Asudani) Assistant General Manager Market Intelligence Unit Reserve Bank of India Nagpur Tel.: 0712 2806358 (In youth you want things, and then in middle-age you want to want them.) -----Original Message----- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of shalini singh Sent: Wednesday, October 01, 2014 12:55 PM To: accessindia@accessindia.org.in Subject: [AI] proposal been send by Nationalo Federation of the Blind to MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & TRAINING Dear friends, The National Federation of the Blind had again took an initiative to raise voice for the interest of visually impaired people by sending a proposal with certain suggestions on the office memorandum. below is the propoosal been send by the NFB please have a look at it:- No.36035/3/2004-Estt.(Res) GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & TRAINING New Delhi, Dated the 29th December, 2005 *DRAFT AMENDED OFFICE MEMORANDUM* Subject: Amendment to consolidated instructions with regard to reservation for persons with disabilities. With a view to amend the consolidated instructions issued by this Office Memorandum bearing No. 36035/3/2004-Estt. (Res) dated 29.12.2005 to bring them in line with the judgment dated 08.10.2013 of the Hon’ble Supreme Court of India in Civil Appeal No. 9096/2013 titled as Union of India Vs. National Federation of the Blind on the manner of computation of reservation for persons with disabilities in terms of Section 33 of “The Persons with Disabilities ( Equal Opportunity, Protection of Rights and Full Participation) Act- 1995”, as well as to amend the office memorandum no.36012/24/2009-Estt.(Res) dt. 3.12.13, the following instructions are issued with regard to reservation for persons with disabilities (Physically Handicapped persons) in posts and services under the Government of India. These instructions shall supersede all previous instructions issued on the subject so far. 2. *QUANTUM OF RESERVATION* Three percent of the total number of vacancies in the strength of a cadre for persons with disabilities irrespective of mode of recruitment including by direct recruitment, promotion and deputation shall be reserved for persons with disabilities of which 1% each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy separately for each of them in all groups of posts 3. *EXEMPTION FROM RESERVATION: * If any Department/ Ministry considers it necessary to exempt any establishment partly or fully from the provision of reservation for persons with disabilities, it may make a reference to the Ministry of Social Justice and Empowerment giving full justification for the proposal. The grant of exemption shall be considered by an Inter-Departmental Committee set up by the Ministry of Social Justice and Empowerment. 4. *IDENTIFICATION OF JOBS/POSTS:* The Ministry of Social Justice & Empowerment have identified the jobs/posts suitable to be held by persons with disabilities and the physical requirement for all such jobs/ posts vide their notification No. 16-15/2010-DD III Dt. 29.7.2013. The vacancies in the posts in the cadre strength identified as suitable in the said notification for the respective category of the disability as amended from time to time in terms of section 32 of the act, shall be used for appointment against reservation for each of the afore mentioned three categories of disability to the extent of 1% each to implement scheme of 3% reservation for persons with disabilities in accordance with section 33 of the act but the identification will have nothing to do in the computation and entitlement of 3% reservation for persons with disabilities as well as with respect to entitlement of 1% reservation for each of the 3 categories of disabilities respectively. It may however, be noted that: (a) The nomenclature used for any job/post shall mean and include nomenclature used for other comparable jobs/posts having identical functions. (b) The list of jobs/posts notified by the Ministry of Social Justice & Empowerment is not exhaustive. The concerned Ministries/ Departments shall have the discretion to identify jobs/posts in addition to the jobs/posts already identified by the Ministry of Social Justice & Empowerment. However, no Ministry/ Department / Establishment shall exclude any identified job/post from the purview of reservation at its own discretion. (c) If a job/post identified for persons with disabilities is shifted from one group or grade to another group or grade due to change in the pay scale or otherwise, the job /post shall remain identified. 5. *RESERVATION OF VACANCIES FOR PERSONS WITH DISABLITY: - * (I) Under no circumstance, identification of posts shall be used to reduce the quantum of 3% reservation for persons with disabilities in an establishment WHICH shall be computed against total number of vacancies in the strength of a cadre. (ii) Every establishment shall ensure that reservation is distributed between the aforementioned 3 categories of persons with disabilities equally to the extent of 1% each. 6. *APPOINTMENT AGAINST UNRESERVED VACANCIES:* A person with disability cannot be denied the right to compete for appointment against an unreserved vacancy provided he meets the eligibility criteria of the given post. Thus a person with disability can be appointed against an unreserved vacancy also. 7. *ADJUSTMENT OF CANDIDATES SELECTED ON THEIR OWN MERIT:* Persons with disabilities selected on their own merit without relaxed selection standards along with other candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with disabilities which will thus comprise physically handicapped candidates who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards. It will apply in case of direct recruitment as well as promotion, wherever reservation for persons with disabilities is admissible. Relaxation in medical standards owing to disability will not constitute relax standards. 8. *DEFINITIONS OF DISABILITIES:* Definitions of categories of disabilities for the purpose of this Office Memorandum are given below:- (i)(a) Blindness: “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 exceeding6/60 or 20/200 (snellen) in the better eye with correcting lenses; or (iii) Limitation the field of vision subtending an angle of 20 degree or worse; (b) *Low vision:* “Persons 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; (ii) *Hearing Impaired: *“Hearing impairment” means loss of sixty decibels or more in the better ear in the conversational range of frequencies; (iii)(a)*Locomotor Disability:* “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. (b) *Cerebral Palsy:*- “Cerebral Palsy” means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the prenatal, peri-natal or infant period of development. © All the cases of orthopaedically handicapped persons would be covered under the category of “locomotor disability or cerebral palsy.” 9. *DEGREE OF DISABILITY FOR RESERVATION* : Only such persons would be eligible for reservation in services/ posts who suffer from not less than 40 per cent of relevant disability. A person who wants to avail of benefit of reservation would have to submit a Disability Certificate issued by a competent authority in the format given in Annexure-I. 10. *COMPETENT AUTHORITY TO ISSUE DISABILITY CERTIFICATE:* The competent authority to issue Disability Certificate shall be a medical Board duly constituted by the Central or a State Government. The Central/ State Government may constitute Medical Board (s) consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing locomotor /cerebral/ visual/ hearing disability, as the case may be. 11. The Medical Board shall, after due examination, give a permanent disability certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability. The Medical Board shall indicate the period of validity of the certificate, in cases where there are chances of variation in the degree of disability. No refusal of disability certificate shall be made unless an opportunity is given to the applicant of being heard. On representation by the applicant, the medical Board may review its decision having regard to all the facts and circumstances of the case and pass such orders in the matter as it thinks fit. 12. At the time of initial appointment and promotion against a vacancy reserved for persons with disability, the appointing authority shall ensure that the candidate is eligible to get the benefit of reservation. 13. *COMPUTATION OF RESERVATION:* Reservation for persons with disabilities in all Group of posts viz. group A,B,C & D shall be computed on the basis of total number of vacancies in the strength of a cadre in an establishment irrespective of mode of recruitment including by direct recruitment, promotion and deputation although the appointment of persons with disability would be made by utilizing vacancies in the posts identified as suitable for each of the three categories of disability to the extent of 1% each. Thus it is possible that number of persons appointed against reservation in an identified post may exceed 3%. *ILLUSTRATION:* If there are 100 vacancies or 100 posts in an establishment the concerned establishment will have to reserve a minimum of 3% for persons with disabilities out of which at least 1% has to be reserved separately for each of the following disabilities: *i) * Persons suffering from blindness and low vision; *ii) *Persons suffering from hearing impairment; *iii) *Persons suffering from locomotor disability or cerebral palsy. Appointment of 1 blind person against 1 vacancy reserved for him/her will be made against vacancy in an identified post, for instance, the post of peon, which is identified for the blind in Group D. Similarly, one hearing impaired will be appointed against 1 reserved vacancy for the said category in the post of Store Attendant Group D. Likewise 1 person suffering from locomotor or cerebral palsy will be appointed against the post of Furash Group D post identified for that category of disability. 14. *EFFECTING RESERVATION-MAINTENANCE OF ROSTERS:* *(a) *All establishments shall maintain separate vacancy based rosters for each cadre in the establishment to give effect to reservation to persons with disabilities as per the format annexed as annexure II to this memorandum which is on the basis of earlier vacancy based roster prior to R.K. Sabbarwal’s case. *(b) *Each register shall have cycle of 100 points and each cycle of 100 points shall be divided into three blocks comprising the following points: 1st Block- point No.1 to point No. 33 2nd Block- point No.34 to point No.66 3rd Block- point No.67 to point No.100 *(c) *Points 1, 34 and 67 of the roster shall be earmarked reserved for persons with disabilities-One point for each of the three categories of disabilities. The head of the establishment shall decide the categories of disabilities for which the points 1,34 and 67 will be reserved keeping in view all relevant facts. *(d) * If the vacancy falling at point no.1 is not identified for the disabled, one of the vacancies falling at any of the points from 2 to 33 shall be treated as reserved for the disabled and filled as such. Likewise a vacancy falling at any of the points from 34 to 66 or from 67 to 100 shall be filled by the disabled. The purpose of keeping points 1, 34 and 67 as reserved is to fill up the first available suitable vacancy from 1 to 33, first available suitable vacancy from 34 to 66 and first available suitable vacancy from 67 to 100 by persons with disabilities. *(e) *There is a possibility that none of the vacancies from 1 to 33 is suitable for any category of the disabled. In that case two vacancies from 34 to 66 shall be filled as reserved for persons with disabilities. If the vacancies from 34 to 66 are also not suitable for any category, three vacancies shall be filled as reserved from the third block containing points from 67 to 100. This means that if no vacancy can be reserved in a particular block, it shall be carried into the next block. *(f) *After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start and the same shall continue likewise till the placement of each of the vacancy in the strength of cadre in every establishment. 15. *INTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION * (a) Reservation for each of the three categories of persons with disabilities shall be made separately. But if the nature of vacancies in an establishment is such that a person of a specific category of disability cannot be employed, the vacancies may be interchanged among the three categories with the approval of the Ministry of Social Justice & Empowerment and reservation may be determined and vacancies filled accordingly. (b) If any vacancy reserved for any category of disability cannot be filled due to non-availability of a suitable person with the disability, such vacancy shall not be filled and shall be carried forward as a backlog reserved vacancy’ to the subsequent recruitment year. (c) In the subsequent recruitment year the ‘backlog reserved vacancy’ shall be treated as reserved for the category of disability for which it was kept reserved in the initial year of recruitment. However, if a suitable person with that disability is not available, it may be filled by interchange among the three categories of disabilities. In case no suitable person with disability is available for filling up the post in the subsequent year also, the employer may fill up the vacancy by appointment of a persons other than a person with disability. If the vacancy is filled by a person with disability of the category for which it was reserved or by a person of other category of disability by inter se exchange in the subsequent recruitment year, it will be treated to have been filled by reservation. But if the vacancy is filled by a person other than a person with disability in the subsequent recruitment year, reservation shall be carried forward for a further period upto two recruitment years where after the reservation shall lapse. In these two subsequent years, if situation so arises, the procedure for filling up the reserved vacancy shall be the same as followed in the first subsequent recruitment year. 16. In order to ensure that cases of lapse of reservation are kept to the minimum, any recruitment of the disabled candidates shall first be counted against the additional quota brought forward from previous years, if any, in their chronological order. If candidates are not available for all the vacancies, the order carried forward reservation would be filled first and the relatively later carried forward reservation would be further carried forward. 17. *CONSOLIDATION ZONE, INTERSE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF PROMOTION* (a) While filling up the reserved vacancies by promotion by selection, the disabled candidates who are within the normal zone of consideration shall be considered for promotion. Where adequate number of disabled candidates of the appropriate category of handicapped not available within the normal zone, the zone of consideration may be extended to five times the number of vacancies and the persons with disabilities falling within the extended zone may be considered. In the event of non availability of candidates even in the extended zone, the reservation can be exchanged so that post can be filled by a person with other category of disability, if possible. If it is not possible to fill up the post by reservation, the post may be filled by a person other than a persons with disability and the reservation shall be carried forward for upto three subsequent recruitment years, whereafter it shall lapse. (b) In posts filled by non-selection, the eligible candidates with disabilities shall be considered for promotion against the reserved vacancies and in case no eligible candidate of the appropriate category of disability is available, the vacancy can be exchanged with other categories of disabilities identified for it. If it is not possible to fill up the post by reservation even by exchange, the reservation shall be carried forward for upto three subsequent recruitment years whereafter it shall lapse. 18. *HORIZONTALITY OF RESERVATION FOR PERSONS WITH DISABILITIES:* Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for categories such as persons with disabilities and ex-servicemen is called horizontal reservation. Horizontal reservation cuts across vertical reservation (in what is called inter-locking reservation) and persons selected against the quota for persons with disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General candidates depending upon the category to which they belong in the roster meant for reservation of SCs/STs/OBCs. To illustrate, if in a given year there are two vacancies reserved for the persons with disabilities and out of two persons with disabilities appointed, one belongs to a scheduled caste and the other to general category then the disabled SC candidate shall be adjusted against the SC point in the reservation roaster and the general candidate against unreserved point in the relevant reservation roster. In case none of the vacancies falls on point reserved for the SCs, the disabled candidate belonging to SC shall be adjusted in future against the next available vacancy reserved for SCs. 19. Since the persons with disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General in the roster meant for reservation of SCs/STs/OBCs, the application form for the post should require the candidates applying under the quota reserved for persons with disabilities to indicate whether they belong to SC/ST/OBC or General category. 20. *RELAXATION IN AGE LIMIT:* (i) Upper age limit for persons with disabilities shall be relaxable (a) by ten years (15 years for SCs/STs and 13 years for OBCs) in case of direct recruitment to Group C and Group D posts (b) by 5 years (10 years for SCs/STs and 8 years for OBCs) in case of direct recruitment to Group A and Group B posts where recruitment is made otherwise than through open competitive examination; and (c) by 10 years (15 years for SCs/STs and 13 years for OBCs) in case of direct recruitment to Group A and Group B posts through open competitive examination. (ii) Relaxation in age limit shall be applicable irrespective of the fact whether the post is reserved or not, provided the post is identified suitable for persons with disabilities. 21. *RELAXATION OF STANDARD OF SUITABILITY* If sufficient number of persons with disabilities are not available on the basis of the general standard to fill all the vacancies reserved for them, candidates belonging to this category may be selected on relaxed standard to fill up the remaining vacancies reserved for them provided they are not found unfit for such post of posts. Thus, to the extent the number of vacancies reserved for persons with disabilities cannot be filled on the basis of general standards, candidates belonging to this category may be taken by relaxing the standards to make up the deficiency in the reserved quota subject to the fitness of these candidates for appointment to the post / posts in question. 22. *MEDICAL EXAMINATION:* As per Rule 10 of the Fundamental Rules, every new entrant to Government service on initial appointment is required to produce a medical certificate of fitness issued by a competent authority. In case of medical examination of a person with disability for appointment to a post identified as suitable to be held by a person suffering from a particular kind of disability, the concerned Medical Officer or Board shall be informed beforehand that the post is identified suitable to be held by persons with disability of the relevant category and the candidates shall then be examined medically keeping this fact in view. 23. *EXEMPTION FROM PAYMENT OF EXAMINATION FEE AND APPLICATION FEE:* Persons with disabilities shall be exempt from payment of application fee and examination fee, prescribed in respect of competitive examinations held by the staff Selection Commission, the Union Public Service Commission etc. for recruitment to various posts. This exemption shall be available only to such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post (including any concession specifically extended to the disabled persons) and who enclose with the application form, necessary certificate from a competent authority in support of their claim of disability. 24. *NOTICE OF VACANCIES: * In order to ensure that persons with disabilities get a fair opportunity in consideration for appointment to an identified post, the following points shall be kept in view while sending the requisition notice to the Employment Exchange, the SSC, the UPSC etc. and while advertising the vacancies:- (i) Number of vacancies reserved for SCs/STs/OBCs/Ex-Servicemen/ Persons suffering from blindness or low vision/ persons suffering from hearing impairment/persons suffering from locomotor disability or cerebral palsy should be indicated clearly. (ii) In case of vacancies in posts identified suitable to be held by persons with disability, it shall be indicated that the post is identified for persons with disabilities suffering from blindness or low vision; hearing impairment; and/or locomotor disability or cerebral palsy, as the case may be, and that the persons with disabilities belonging to the category/categories for which the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment to the post by general standards of merit. (iii) In case of vacancies in posts identified suitable for persons with disabilities, irrespective of whether any vacancies are reserved or not, the categories of disabilities viz blindness or low vision, hearing impairment and locomotor disability or cerebral palsy, for which the post is identified suitable alongwith functional classification and physical requirements for performing the duties attached to the post shall be indicated clearly. (iv) It shall also be indicated that persons suffering from not less than 40% of the relevant disability shall alone be eligible for the benefit of reservation. 25. *CERTIFICATE BY REQUISITIONING AUTHORITY:* In order to ensure proper implementation of the provisions of reservation for persons with disabilities, the requisi6tioning authority while sending the requisition to the UPSC, SSC etc. for filling up of posts shall furnish the following certificate to the recruiting agency:- *“*It is certified that the requirements of the Persons With Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 and the policy relating to reservation for persons with disabilities has been taken care of while sending this requisition. The Vacancies reported in this requisition fall at points No. of cycle No. of 100 point reservation roaster out of which number of vacancies are reserved for persons with disabilities.” 26. *ANNUAL REPORTS REGARDING REPRESENTATION OF PERSONS WITH DISABILITIES:* (i) Soon after the first of January of every year, each appointing authority shall send to its administrative Ministry/ Department:- a) PWD reported in the prescribed proforma (Annexure III) showing the total number of employees, total number of employees in the posts which have been identified suitable for persons with disabilities and number of employees suffering from blindness or low vision, hearing impairment, and locomotor disability or cerebral palsy as on the 1st January of the year, and b) PWD Report-II in the prescribed proforma (Annexure IV) showing the number of vacancies reserved for persons suffering from blindness or low vision, hearing impairment, and locomotor disability or cerebral palsy and number of such persons actually appointed during the preceding calendar year. (ii) The administrative Ministry/Department shall scrutinize the information received from all appointing authorities under it and send consolidated PW D report-I and PW D Report-II in prescribed Performa in respect of the Ministry/Department *including information in respect of all attached and subordinate offices *under its control to the Department of Personnel and Training by the 31st March of each year. (iii) The following points may be kept in view while sending the reports to the Department of Personnel & Training:- (a) The reports sent to the DOPT should not include information in respect of public sector undertakings, statutory, semi-Government and autonomous bodies. Statutory, semi Government and autonomous bodies shall furnish consolidated information in the prescribed performa to the administrative Ministry/Department concerned who may scrutinize, monitor and maintain it at their own level. The Department of public enterprises may collect similar information in respect of all public sector undertakings. (b) The attached / subordinate offices shall send information to their administrative Ministry/Department only and shall not send it direct to this Department. (c) The figure in respect of persons with disabilities shall include persons appointed by reservation as well as appointed otherwise. (d) The PWD Report I relates to persons and not to posts. Therefore, while furnishing this report the posts vacant etc. should not be taken into account. In this report persons on deputation should be included in the establishment of the borrowing Ministry/Department /Office and not in the parent establishment. Persons permanent in one grade but officiating or holding temporary appointment in the higher grade shall be included in the figures relating to the Class of service to which the higher grade belongs. 27. *LIAISON OFFICER FOR PERSONS WITH DISABILITIES:* Liaison officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with disabilities and shall ensure compliance of these instructions. 28. All the Ministries/ Departments are requested to bring the above instructions to the notice of all appointing authorities under their control. All the heads of Departments are also informed that the Hon’ble Supreme Court has also directed to compute the reservation for persons with disabilities and implement the scheme of reservation in line with the interpretation of section 33 given by Hon’ble Supreme Court within a period of three moths and accordingly all the heads of departments are directed to ensure compliance of the said directions and implement the scheme of reservation within a period of three months. ( K.G. VERMA) Deputy Secretary to the Govt. of India To (i) All Ministries/ Departments of the Govt. of India *(ii) *Department of Economic Affairs (Banking Division), New Delhi *(iii) *Department of Economic Affairs (Insurance Division), New Delhi *(iv) *Department of Public Enterprises, New Delhi *(v) *Railway Board. *(vi) *Public Service Commission/ Supreme Court of India/ Election Commission/ Lok Sabha Secretariat/Rajya Sabha Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President’s Secretariat/ Prime Minister’s office/ Planning Commission. *(vii) *Staff Selection Commission, CGO Complex, Lodi Road, New Delhi *(viii) *Office of the Chief Commissioner for Disabilities, Sarojini House, 6 Bhagwan Das Road, New Delhi-110001 *(ix) *Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi *(x) *All Officers and “Sections in the Ministry of Personnel, Public Grievances and Pensions and all attached subordinate offices of this Ministry. *(xi) *Information and Facilitation Centre, DOPT, North Block, New Delhi *(xii) *200 spare copies for Estt. 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