Thursday, 31 May 2012

Disabled persons act amended recently

ACT XIII OF 2012

DISABLED PERSONS (EMPLOYMENT AND REHABILITATION) (AMENDMENT) ACT, 2012

An Act, further to amend the Disabled Persons (Employment & Rehabilitation) Ordinance, 1981.

[Gazette of Punjab, Extraordinary, 11th February 2012]

No. PAP/Legis-2(85)/2011/526. The Disabled Persons (Employment and Rehabilitation) (Amendment) Bill, 2011, originally passed by the Provincial Assembly of the Punjab on the 22nd day of December 2011, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 25th day of January 2012. The Bill was again sent to the Governor for assent on the 27th day of January 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act, of the Provincial Assembly of the Punjab.

Preamble--Whereas it is expedient further to amend the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981) for purposes hereinafter appearing;

It is enacted as follows:-

1. Short title and commencement.--(1) This Act, may be cited as the Disabled Persons (Employment and Rehabilitation) (Amendment) Act, 2012.

(2)  It shall come into force at once.

2. Substitution of the words in Ordinance, XL of 1981.--In the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981 (XL of 1981), hereinafter referred to as the said Ordinance,--

(a)        for the words "Federal Government", wherever occur, the word "Government" shall be substituted; and

(b)        for the words "Provincial Government", wherever occur, the word "Government" shall be substituted.

3. Amendment in Section 1 of Ordinance, XL of 1981--In the said Ordinance, in Section 1, in sub-section (2), for the word "the whole", the word "whole" and for the word "Pakistan", the words "the Punjab" shall be substituted.

4. Amendment in Section 2 of Ordinance, XL of 1981--In the said Ordinance, in Section 2--

(a)        for clause (a), the following shall be substituted:--

            "(a)      "Chairman" means the Chairman of the Provincial Council;"

(b)        after clause (g), the following clause (gg) shall be inserted:--

            "(gg)    "Government" means Government of the Punjab;"

(c)        for clause (h), the following shall be substituted:--

            "(h)      "Government Establishment" includes any autonomous or semi-autonomous body, university, college, professional school and any other organization, controlled or managed by the Government;"

(d)       clause (i) shall be omitted; and

(e)        for clause (I), the following shall be substituted ;--

            "(I)       "Secretary" means the Secretary of the Provincial Council;".

5. Omission of Sections 3 and 4 of Ordinance, XL of 1981--In the said Ordinance, Sections 3 and 4 shall be omitted.

6. Substitution of Section 5 of Ordinance, XL of 1981.--In the said Ordinance, for Section 5, the following shall be substituted:--

"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 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."

7. Substitution of Section 6 of Ordinance, XL of 1981.--In the said Ordinance, for Section 6, the following shall be substituted:--

"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;

            (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,."

8. Substitution of Section 7 of Ordinance, XL of 1981.--In the said Ordinance, for Section 7, the following shall be substituted:--

"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."

9. Amendment in Section 9 of Ordinance, XL of 1981.--In the said Ordinance, in Section 9, the words "National Council or a" shall be omitted.

10. Amendment in Section 10 of Ordinance, XL of 1981.--In the said Ordinance, in Section 10, sub-section (1), for the words "one percent", the words "two percent" shall be substituted.

11. Amendment in Section 14 of Ordinance, XL of 1981.--In the said Ordinance, in Section 14, for the words "National Council", the word "Government" shall be substituted.

12. Amendment in Section 16 of Ordinance, XL of 1981.--In the said Ordinance, in Section 16, for the words "National Council", wherever occur, the word "Government" shall be substituted.

13. Amendments in Section 17 of Ordinance, XL of 1981.--In the said Ordinance, in Section 17--

(a)        in sub-section (1), for clause (b), the following shall be substituted:--

            "(b)      all grants, if made by the Federal Government, Government or local bodies; and"; and

(b)        for sub-section (2), the following shall be substituted:--

            "(2)      The funds shall be administered by the Provincial Council in Consultation with the Government."

14. Amendments in Section 19 of Ordinance, XL of 1981.--In the said Ordinance, in Section 19--

(a)        sub-section (1) shall be omitted; and

(b)        for sub-section (2), the following shall be substituted:--

            "(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."

15.  Amendment in Section 22 of Ordinance, XL of 1981.--In the said Ordinance, in Section 22, sub-section (2) shall be omitted.

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