DISABED QUOTA 2%

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DISABED QUOTA 2%

 

No. SOR.I(S&GAD)16-4/85 Dated the 31st March 1985 

Subject: DISABLED PERSONS (EMPLOYMENT & REHABILITATION)   ORDINANCE, 1981

  I am directed to refer to this Department’s circular letter No. SORI (S&GAD) 16-4/85 dated 14th March, 1985 on the subject noted above.

  1. In order to ensure proper implementation of the provisions of the Disabled Persons (Employment & Rehabilitation) Ordinance 1981 and rules made there under, the following instructions are issued for guidance of all concerned:

               Vacancies reserved for disabled persons will be filled through the normal process of selection. ii) All disabled persons possessing requisite qualifications and experience would be eligible to compete for posts in Grade-16 and above where selection is made by the Punjab Public Service Commission and in Grade-15 and below where selection is made by the Department concerned.

iii) The disabled persons appearing in open competition for non reserved vacancies will be selected purely on the basis of merit.

  1. iv) The disabled persons desirous of getting appointment against the reserved vacancies will first get themselves registered with the Employment Exchange of the area as disabled persons under section 12 of the aforesaid ordinance.
  2. v) Those disabled persons who are registered with the employment exchanges of the area as disabled persons will appear before the District Assessment Board constituted by the Social Welfare Department under Section 12(2) of the Ordinance to obtain a disability assessment certificate.
  3. vi) Only those persons shall be eligible to be considered for jobs reserved for disabled persons who are duly registered with the employment exchange of the area and have been declared by the Assessment Board to be disabled and fit for work.

vii) The disabled persons desirous of getting employment shall attach registration and assessment certificate with their applications.

viii) The selection of disabled persons for posts against 1% quota will only be made from amongst the disabled persons duly registered as such.

  1. ix) Recruitment of able-bodied persons will not be made against posts reserved for the disabled persons.
  2. x) Every department, while placing requisition with Public Service Commission/Employment Exchange for recruitment, will indicate specifically the number of posts which are available for the disabled. The selection authority would ensure that 1% quota reserved for the disabled persons is adhered to while inviting/ recommending candidates for posts in BS-16 and above including posts to be filled up through competitive examination.

 

No. SOR.III-2-86/97 Dated the 28th January 1999 

In exercise of the powers conferred on him by Section 23 of the Punjab Civil Servant Act, 1974 (VIII of 1974), the Governor of the Punjab is pleased to make the following amendment namely: AMENDMENT  In the S&GAD’s Notification No. SOR-III-1-39/79 dated 28.12.1983 for the words “One percent” appearing in the first line of “Note”, the words “Two percent” shall be substituted.   

 

No. SOR.III-2-86/97 Dated the 26th April 2000  

Subject: IMPLEMENTATION OF THE DISABLED QUOTA OF 2% UNDER THE DISABLED PERSON (EMPLOYMENT AND REHABILITATION) ORDINANCE, 1981

  I am directed to refer to this department’s letter No. SOR.I (S&GAD) 164/85 dated 31.03.1985, on the subject noted above and to say that in order to ensure proper implementation of the provisions of Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, a detailed procedure has been prescribed and circulated to all concerned. Instances have, however, come to the notice of Government that the procedure regarding recruitment against disabled persons quota of 2% (initially it was 1% and subsequently raised to 2%) is not being observed. For facility of reference, the salient features of the letter under reference are reproduced:

  1. Vacancies reserved for disabled persons will be filled through the normal process of selection.
  2. ii) All disabled persons possessing requisite qualification and experience would be eligible to compete for posts in Grade-16 and above where selection is made by the Punjab Public Service Commission and in Grade-15 and below where selection is made by the Department concerned.
  • iii) The disabled persons appearing in open competition for non-reserved vacancies will be selected purely on the basis of merit.
  1. iv) The selection of disabled persons for posts against 2% quota will only be made from amongst the disabled persons duly registered as such.
  2. v) Recruitment of able-bodied persons will not be made against posts reserved for the disabled persons.
  3. vi) Every department, while placing requisition with Public Service Commission for recruitment, will indicate specifically the number of posts which are available for the disabled persons. The selection authority would ensure that 2% quota reserved for the disabled persons is adhered to while inviting applications and recommending candidates for posts in BS-16 and above, including posts to be filled up through competitive examination.
  4. Government has taken a serious view of this lapse. It is, therefore, emphasized that it is the requirement of law that while placing requisition with the Public Service Commission/Selection Authorities concerned, for recruitment to different posts, it will be indicated specifically in the requisitions that the disabled persons quota is being observed as per prescribed share.
  5. I am, therefore, directed to reiterate that it is the responsibility of all the appointing authorities to strictly observe the provisions of law in the letter and spirit.

 

No.SOR-IV(S&GAD) 7-1/2003 Dated the 15th April 2004

 Subject: INSTRUCTIONS REGARDING RECRUITMENT OF DISABLED PERSONS AGAINST 2% QUOTA — IMPLEMENTATION OF CHIEF MINISTER’S ANNOUNCEMENT MADE ON THE INTERNATIONAL DAY FOR DISABLED 

  Kindly refer to the instructions issued from time to time on the subject noted above vide this Department’s circular letters No.SOR-I(S&GAD)16-4/85, dated 14.03.1985, 31.03.1985, SOR-III(S&GAD)2-86/98 dated 26.04.2000 and Notification No.SOR-III-2-86/98 dated 28.01.1999. 

  1. According to the provisions of Disabled Persons (Employment & Rehabilitation) Ordinance, 1981, 2% quota of the posts has been reserved for disabled persons. It has been observed with concern that the Departments are not giving due importance to this important provision of law, despite numerous instructions on the issue, with the result that disabled persons remain deprived of their legal rights. The Chief Minister, Punjab, during a function organized by the Special Education Department to celebrate National Day for Disabled on 03.12.2003 has taken a serious view of that and has been pleased to desire that employment of disabled persons must be ensured against 2% quota reserved for them under the Disabled Persons (Employment & Rehabilitation) Ordinance, 1981.
  2. I am, therefore, directed to request that the following instructions on the subject may strictly be complied with for making recruitments against the disabled quota:
  3. All Administrative Departments shall carry out a comprehensive exercise regarding the existing number and percentage of disabled employees working in various cadres in the departments, subordinate offices, district Governments and autonomous bodies, etc.
  4. After carrying out the above exercise, the Administrative Department shall calculate 2% quota for the disabled, only against the posts reserved for initial recruitment as recruitment against this quota can only be made against the posts reserved for initial recruitment.

iii. It is for the department concerned to decide the category of posts to be earmarked for the purpose, depending on the nature of work of the post and whether such work can be performed by a disabled person. As such, it is not necessary to apply this quota to each category of posts and the quota is to be determined on the basis of total number of vacancies meant for initial recruitment in the department.

  1. Vacancies reserved for disabled persons will be filled on merit through the normal process of selection i.e., after proper advertisement of posts and the candidates must fulfill the criteria of qualification, etc., as provided in the service rules for the post.
  2. Intimation of vacancies advertised under 2% disabled quota must be provided to all the relevant District Employment Exchanges in order to enable them to assist the disabled persons registered with them to apply for suitable jobs.
  3. The disabled persons desirous of getting appointment against the reserved vacancies will first get themselves registered with the Employment Exchange of the area as disabled persons, under Section 12 of the Ordinance ibid.

vii. Those disabled persons who are registered with the Employment Exchange of the area, as disabled persons, will appear before the District Assessment Board constituted by the Social Welfare Department under Section 12(2) of the Ordinance ibid, to obtain a disability assessment certificate. viii. Only those disabled persons shall be eligible to be considered for the jobs reserved for disabled persons who are duly registered with the Employment Exchange of the area and have been declared by the Assessment Board to be disabled but fit for the jobs applied for.

  1. The disabled persons desirous of getting employment shall attach registration and assessment certificates with their applications. x. All disabled persons possessing the prescribed qualifications and experience, as provided in the service rules and the registration and assessment certificates, would be eligible to compete, among themselves, for posts reserved for disabled quota and their selection shall be made on merit by the relevant Selection Committees or PPSC, as the case may be.
  2. Recruitment of able-bodied persons will not be made against posts reserved for the disabled persons. The selection of disabled persons for the posts against 2% quota will only be made from amongst the disabled persons duly registered as such.

xii. Disabled persons appearing and qualifying in open competition for non-reserved vacancies, will be selected purely on merit and not against the posts reserved for disable quota.

xiii. Every department, while placing requisition with the Punjab Public Service Commission for recruitment or while advertising the posts, specifically indicate the number of posts which are available for the disabled.  The Selection Committee/Authority shall ensure that 2% quota reserved for the disabled persons is adhered to while inviting applications/recommending candidates for various posts including posts to be filled up through competitive examination. xiv. According to Rule 3 (iv) of the Punjab Civil Servants (Relaxation of Upper age Limit) Rules, 1976, the maximum upper age limit prescribed in the Service/Recruitment Rules for appointment to a post shall be raised by 10 years, for disabled persons, to be appointed against quota for the disabled. xv. The Directorate of Labour Welfare and Directorate of Social Welfare at the provincial level and EDO (Community Development) along with D.O. (Labour Welfare), DO (Social Welfare) and Managers, District Employment Exchanges, at the district level, shall remain vigilant and coordinate with all Government and private establishments, to ensure that the 2% quota of jobs reserved for disabled persons under the law is strictly being adhered to by all concerned. 4. It is requested that all Administrative Departments, subordinate offices, autonomous bodies, district offices, etc., must follow the above instructions in letter and spirit and ensure that the Chief Minister’s directions regarding employment of disabled persons against 2% quota are strictly implemented.    

 

No.SOR-IV(S&GAD)10-1/2003 Dated the 20th December 2006

 Subject: INSTRUCTIONS REGARDING RECRUITMENT OF DISABLED PERSONS AGAINST TWO PERCENT (2%) QUOTA OMBUDSMAN PUNJAB ANNUAL REPORT 2005

  I am directed to refer to the subject noted above and to state that the Provincial Ombudsman, in his Annual Report 2005, has, inter alia, pointed out that under Section 10 of the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981, an establishment/department has to employ disabled persons at the rate of not less than two percent of their total establishment. The S&GAD, in consultation with Law & P.A. Department, had clarified in 1989 that it is for the concerned organization to decide the categories of posts to be earmarked for the purpose and that it is not necessary to apply this quota to each category of posts. Further detailed instructions were issued by the S&GAD vide No. SOR-III-2-86/97 dated 24.06.2000 and No. SOR-IV (S&GAD) 7-4/2003 dated 15.04.2004. All the administrative departments were required to calculate two percent quota against earmarked for recruitment of the disabled. The Ombudsman has further observed that from the complaints received in this office, it has been noted that instead of specifying the number of category of posts reserved for recruitment of disabled persons, a vague statement is made in the advertisement that two percent posts are reserved for the disabled. Whereas, in fact, two percent of the advertised posts may not even come to one post. Resultantly, the object of making the reservation remained unfulfilled.

  1. Under the circumstances, I am directed to request all the Administrative Departments/Attached Departments/Autonomous Bodies/Semi-Autonomous Bodies, of Government of the Punjab, to ensure implementation of the instructions circulated on the subject from time to time. This Department may be furnished the requisite details of the posts reserved and 2% quota for disabled persons on the enclosed proforma at an early date.

 

 

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