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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ ➢ 2018 } | 29 { No. 26 Poudouchéry Mardi 2 9 Mai 20 18
No. Puducherry Tuesday 29th May 20 18
( 8 Jyaistha 1940 )
GOVERNMENT OF PUDUCHERRY
SOCIAL WELFARE (SECRETARIAT)
(G. O. Ms. No. 3/SWS/2018-19/852,
Puducherry, dated 24th May 2018)
NOTIFICATION
The Government of India has enacted a new Act viz., "The Rights of Persons with Disabilities Act, 2016" vide notification, dated 27-12-2016 notified in the Gazette of India, Extraordinary No. 59, Part-II, section 1, dated 28-12-2016 and the Ministry of Home Affairs has delegated the powers of the State Government under the Act to the Administrator of all the Union Territories vide Notification S.O. 3870(E), dated 12-12-2017, published in the Gazette of India No. 3394, Extraordinary Part-II, Section 3, dated 12-12-2017.
[ 457 ] 458 LA GAZETTE DE L'ETAT [P ART–II
2. Sub-section (1) of section (34) of the said Act specifies "Every appropriate Government shall appoint in every Government establishment not less than four percent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one percent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one percent for persons with benchmark disabilities under clauses (d) and (e), namely:-
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured,
dwarfism, acid attack victims and muscular dystrophy;
(d) Autism, intellectual disability, specific learning disability and
mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:"
3. Further, as per sub-section (2) of section (34) of the Act "Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable persons with benchmark disability or for any other sufficient reasons, such vacancy shall be carried in the succeeding recruitment year and if, in the succeeding recruitment year also suitable persons with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is not persons with disability available for the post in that year, the employer shall fill up the vacancy by appointment of the persons, other than a person with disability.
Provided that the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government."
4. In the G. O. Ms. No. 4, dated 02-12-2016 of the Social Welfare Secretariat, published in the Extraordinary Gazette of Puduchery No. 168, dated 20-12-2016 and G. O. Ms. No. 7, dated 28-12-2016 of the Social Welfare Secretariat published in the Extraordinary Gazette of Puducherry No. 25, dated 03-03-2017, 3% reservation to differently abled persons was notified in the identified posts of this Union Territory 459
PART–II] LA GAZETTE DE L'ETAT
Administration viz: one percent each for (a) blindness or low vision (b) hearing impairment and (c) locomotor disability or cerebral palsy. The Government of India is yet to identify and notify the posts suitable for the one more percentage for (d) Autism, intellectual disability, specific learning disability and mental illness, and (e) multiple disability from amongst persons under clauses (a) to (d) including deaf-blindness. After communication of such notification by Government of India, the Union Territory Government, based on the list of identified posts of the Central Government will identify suitable posts operated by this Administration for clauses (d) and (e), and notify the same in due course.
5. Now, in accordance with section 34 (1) of the said Act, the Lieutenant-Governor, Puducherry, hereby orders that 4 % reservation in every Government establishment shall be provided to the differently abled persons in the following manner:-
(a) Blindness and low vision – 1%
(b) Deaf and hard of hearing – 1%
(c) Locomotor disability including cerebral – 1%
palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy.
(d) Autism, intellectual disability, specific learning disability and mental illness, and
(e) Multip le disabilities fro m amo ngst – 1%
persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities.
(By order of the Lieutenant-Governor)
K. SARANGAPANI, Under Secretary to Government. (Social Welfare).
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