THE DISABLED PERSONS (EMPLOYMENT AND
REHABILITATION) ORDINANCE, 1981 (XL OF 1981)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. National Council
4. Functions of the National Council
5. Provincial Councils
6. Functions of the Provincial Councils
7. Meetings of the Councils
8. Duties of Secretary
9. Appointment of Committee
10. Establishments to employ disabled persons
11. Establishment to pay to the Fund
12. Registration of disabled persons
13. Establishment of training centers
14. Establishments to furnish information
15. Power to debar further employment
16. Appeal
17. Fund
18. Power to exempt
19. Delegation of power
20. Penalty
21. Cognizance of offences, etc
22. Power to make rules
TEXT
1THE DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) ORDINANCE,
1981
(XL of 1981)
[29th December, 1981]
An
Ordinance
to provide for the employment, rehabilitation and welfare of disabled persons.
WHEREAS it is expedient to provide for the employment, rehabilitation and
welfare of disabled persons and for matters connected therewith.
AND WHEREAS the President is satisfied that circumstances exist which render it
necessary to make immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July,
1977, read with the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981),
and in exercise of all powers enabling him in that behalf, the President is pleased to make
and promulgate the following Ordinance:—
1. Short title, extent and commencement.— (1) This Ordinance may be called
the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981.
(2) It extends to 2[whole] of 3[the Punjab].
(3) It shall come into force on such day as the 4[Government] may, by
notification in the official Gazette, appoint.
2. Definitions.— In this Ordinance, unless there is anything repugnant in the subject
or context, —
5[(a) “Chairman” means the Chairman of the Provincial Council;]
(b) “commercial establishment” and “industrial establishment” shall
have the same meaning as in the West Pakistan Industrial and
Commercial Employment (Standing Orders) Ordinance, 1968 (W.P.
Ordinance No. VI of 1968) 6[;]
(c) “disabled person” means a person who, on account of injury,
1This Ordinance was made by the President on 24th December, 1981; and, was published in the Gazette of Pakistan
(Extraordinary), dated 29th December, 1981, Pages 543-549.
2Substituted for the words “the whole” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012), w.e.f. 11.2.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
3 Substituted for the word “Pakistan” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of
2012), w.e.f. 11.2.2012, s.3; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
4Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
5Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.4; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
6Misprinted in the Gazette as “full-stop”.
disease or congenital deformity, is handicapped for undertaking any
gainful profession or employment in order to earn his livelihood, and
includes a person who is blind, deaf, physically handicapped or
mentally retarded;.::.
(d) “disease” includes the physical or mental condition arising from the
imperfect development of any organ;
(e) “employee” means a regular or whole-time employee whether
employed on daily, weekly or monthly basis, and includes an
apprentice;
(f) “establishment” means a Government establishment, a
commercial establishment or an industrial establishment, in which the
number of workers employed at any time during a year is not less
than one hundred;
(g) “Fund” means the Rehabilitation of Disabled Persons Fund established
under section 17;
7[(gg) “Government” means Government of the Punjab;]
8[(h) “Government Establishment” includes any autonomous or semiautonomous
body, university, college, professional school and any
other organization, controlled or managed by the Government;]
9[(i) * * * * * * * * * * * *]
(j) “prescribed” means prescribed by rules made by the
10[Government] or, as the case may be, the 11[Government];
(k) “Provincial Council” means a Provincial Council established
under section 5; and
12[(l) “Secretary” means the Secretary of the Provincial Council13[.] ]
14[3. National Council.—* * * * * * * * * * * * * * * * * * * * * *]
15[4. Functions of the National Council.—* * * * * * * * * *]
7Inserted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, s.4;
and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
8Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.4; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
9Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012, s.4;
and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
10Substituted for the word “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
11Substituted for the word “Provincial Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
12Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.4; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
13 Misprinted in the gazette as “semi-colon”.
14Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.5; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
15 Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.5; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
16[5. Provincial Council.– The Government shall, by notification in the official
Gazette, establish a Council to be called the Provincial Council for the Rehabilitation
of Disabled Persons consisting of the following members:-
(a) Secretary to the Government, Social Welfare, Women Development
and Bait ul Maal Department, who shall also be its Chairman;
(b) Secretary to the Government, Labour Department;
(c) three members of the Provincial Assembly of the Punjab, including at
least one woman member, to be nominated by the Government;
(d) one representative of the Home Department of the Government not
below the rank of Deputy Secretary;
(e) one representative of the Planning and Development Department of
the Government not below the rank of Deputy Secretary;
(f) one representative of the Health Department of the Government not
below the rank of Deputy Secretary;
(g) one representative of the Education Department of the Government not
below the rank of Deputy Secretary;
(h) one representative of the Information, Culture and Youth Affairs
Department of the Government not below the rank of Deputy Secretary;
(i) one representative of the Lahore Chamber of Commerce and Industry;
(j) Administrator of the Punjab Zakat and Ushr Council;
(k) one representative of the Punjab Social Services Board;
(l) one representative of the registered trade unions to be nominated by
the Labour Department of the Government;
(m) four persons 17[including at least two women] to be nominated by the
Government from amongst the persons engaged in the welfare work of
disabled persons; and
(n) Director (Programme) of the Government, Social Welfare Department,
who shall also be the Secretary of the Provincial Council.]
18[6. Functions of the Provincial Council.– Subject to any direction given by the
Government, the Provincial Council shall–
(a) execute the policy made by the Government for the employment,
rehabilitation and welfare of disabled persons;
(b) undertake appropriate projects for purposes of welfare of disabled
persons;
(c) issue directions to an employment exchange or any other body for the
implementation of the projects of the Provincial Council;
(d) take stock of the extent of functional disabilities of disabled persons;
16 Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f.
11.2.2012, s.6; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
17 Inserted by the Punjab Fair Representation of Women Act 2014 (IV of 2014), w.e.f. 12.3.2014, s.2 and the Schedule; and
published in the Punjab Gazette (Extraordinary), pages 2733-2744.
18 Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f.
11.2.2012, s.7; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
(e) evaluate, assess and coordinate the execution of its policies;
(f) have overall responsibility for the achievement of the purposes of this
Ordinance;
(g) conduct survey of the disabled persons who are desirous of being
rehabilitated;
(h) conduct medical examination and provide treatment to the disabled
persons;
(i) provide training to the disabled persons; and
(j) take such other measures as are necessary for carrying out the
purposes of this Ordinance.]
19[7. Meetings of the Provincial Council.– (1) The meetings of the Provincial
Council shall be held at such time and at such places as the Chairman may direct
and shall be presided over by the Chairman.
(2) The meetings of the Provincial Council shall be conducted in
accordance with such procedure as may be prescribed, and until such procedure is
prescribed, in such manner as the Chairman may direct.
(3) The powers and functions of the Chairman shall, in his absence, be
exercised and performed by such member of the Provincial Council as the Chairman
may appoint.
(4) Six members of the Provincial Council shall constitute quorum for a
meeting of the Council.
(5) All orders and decisions of the Provincial Council shall be authenticated
by the signature of the Chairman or a member of the Provincial Council authorized by
the Chairman.]
8. Duties of Secretary.— The Secretary shall exercise such powers and
perform such functions as may be assigned to him by the Chairman.
9. Appointment of Committee.— The 20[* * * * ] Provincial Council may appoint
such Committee consisting of such of its members as it thinks fit, and may refer to them
any matter for consideration and report:
Provided that the Council may, if it considers necessary, co-opt any
person to a Committee.
10. Establishments to employ disabled persons.— (1) Not less than 21[three
percent] of the total number of persons employed by an establishment at any time shall
be disabled persons whose names have been registered with the Employment Exchange
of the area in which such establishment is located and against whose names in the
register maintained under section 12 an endorsement exists to the effect that they are
fit to work.
19Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.8; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
20 Omitted the words “National Council or a” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012
(XIII of 2012), w.e.f. 11.2.2012, s.9; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
21Substituted by the Punjab Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2015 (XX of 2015), w.e.f.
14.4.2015, s.2; and published in the Punjab Gazette (Extraordinary), page 4729, which were substituted for the words “one
percent” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.10; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
(2) The disabled persons employed against any post in pursuance of
sub-section (1) shall be entitled to the terms and conditions which are not less
favourable than those of the other persons employed by the establishment
against similar posts.
(3) When calculating the percentage of the posts in an establishment
for the purposes of employment of disabled persons, the fraction of 0.5 and
above shall count as a whole number.
11. Establishment to pay to the Fund.— An establishment which does not employ a
disabled person as required by section 10 shall pay in to the Funds each month the
sum of money it would have paid as salary or wages to a disabled person had he been
employed.
12. Registration of disabled persons.— (1) Any disabled person desirous of
being employed or otherwise rehabilitated may have his name registered in the register
maintained by an Employment Exchange in such form and in such manner as may
be prescribed by the 22[Government]; and the Employment Exchange shall refer all
names so registered to the Provincial Council.
(2) The Provincial Council shall, if it thinks necessary, cause each disabled
person registered under sub-section (1) to be assessed as to the nature of his
functional disability and also as to his aptitude and the nature of work he is fit to do
by a medical officer authorised by it in his behalf or by such assessing board
consisting of not less than one medical officer as it may appoint, and the medical
officer or, as the case may be, the assessing board shall submit its report to the
Provincial Council in such form as may be prescribed by the 23[Government].
(3) If the disabled person is considered by the Provincial Council fit to
work, it shall so inform the Employment Exchange, indicating the nature of work for
which he may be employed or the trade or vocation in which he may be trained, and
an endorsement to that effect shall be made against his name in the register.
(4) If the disabled person is not considered by the Provincial Council fit to
work, the Provincial Council shall inform the Employment Exchange accordingly for
an endorsement to that effect being made against his name in the register, and the
Provincial Council shall take such measures for his rehabilitation as it thinks fit.
(5) If a person is declared by the Provincial Council not to be a disabled
person, his name shall be struck off the register.
13. Establishment of training centers.— The Provincial Council shall arrange for
the training of disabled persons in such trades or vocations as it thinks fit, and shall
establish training centers in such trades or vocations and in such manner as may be
prescribed by the 24[Government].
14. Establishments to furnish information.— Every Establishment shall furnish
to such person or authority such information required for the implementation of the
provisions of this Ordinance in such form and in such manner as the 25[Government]
may, by notification in the official Gazette, specify.
22 Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
23 Substituted for the words “Provincial Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment)
Act 2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
24 Substituted for the words “Provincial Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment)
Act 2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
15. Power to debar further employment.— (1) The Provincial Council may
debar from further employment or training for such period as may be specified by it any
disabled person who, without valid reason, refuses to accept or abandons his
employment or training under this Ordinance or otherwise acts in a manner
detrimental to the interests of the trade or profession in which he is employed or
undergoing training.
(2) No disabled person shall be debarred under sub-section (1) unless he
has been given an opportunity of being heard.
16. Appeal.— (1) Any person aggrieved by an order under section 15 may prefer
an appeal to the 26[Government] within thirty days of the date of the order.
(2) The 27[Government] may call for the record of the case and may, after
giving the parties an opportunity of being heard or after making such further enquiry
as it thinks fit, stay or suspend the operation of the order or may pass such order
as it thinks fit.
17. Fund.— (1) There shall be established by the 28[Government] a Fund to be
known as the Disabled Persons Rehabilitation Fund which shall comprise—
(a) all sums paid by the establishment under section 11;
29[(b) all grants, if made by the Federal Government, Government or local
bodies; and]
(c) donations, if any, made by private individuals.
30[(2) The funds shall be administered by the Provincial Council in
consultation with the Government.]
18. Power to exempt.— The 31[Government] may, by notification in the official
Gazette, exempt any establishment or class of establishments from the operation of
all or any of the provisions of this Ordnance.
19. Delegation of power.— 32[(1) * * * * * * *]
33[(2) The Provincial Council may, subject to such conditions as it may
specify, delegate any of its powers or functions to any of its members.]
25 Substituted for the words “National Council” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.11; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
26Substituted for the words “National Council” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.12; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
27 Substituted for the words “National Council” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.12; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
28 Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
29 Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f.
11.2.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
30 Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f.
11.2.2012, s.13; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
31 Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
32 Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.14; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
33 Substituted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f.
11.2.2012, s.14; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
20. Penalty.— Any establishment which fails to pay into the Fund any sum it is
required to pay under section 11 shall be punishable with fine which may extend to
one thousand rupees and, in the case of non-payment of fine, with an additional
fine which may extend to ten rupees for every day during which the payment of
fine is not made.
21. Cognizance of offences, etc.— (1) No court inferior to that of a Magistrate
of the first class shall try an offence punishable under this Ordinance.
(2) No court shall take cognizance of an offence punishable under this
Ordinance except upon a complaint in writing made by, or under the authority of, the
National Council or the Provincial Council.
22. Power to make rules.— (1) The 34[Government] may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.
35[(2) * * * * * * * * * * ]
34 Substituted for the words “Federal Government” by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act
2012 (XIII of 2012), w.e.f. 11.2.2012, s.2; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.
35 Omitted by the Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2012 (XIII of 2012), w.e.f. 11.2.2012,
s.15; and published in the Punjab Gazette (Extraordinary), pages 40143-40146.