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Orthopaedics

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Disability Benefits
Disability Benefits

Disability

The Persons with Disabilities ( Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995 has come into enforcement on February 7, 1996 .This law is an important landmark and is a significant step in the direction to ensure equal opportunities for people with disabilities and their full participation in nation building. The Act provides for both preventive and promotional aspects of rehabilitation like education, employment, vocational training, reservation, research and manpower development, creation of barrier-free environment, rehabilitation of persons with disable, unemployment allowances for the disabled, special insurance schemes for the disabled employees as establishment of homes for persons with severe disability etc.

This booklet aims at wider dissemination of the rights conferred upon by the act.

Main Provisions of the Act 
  • Prevention and Early Detection of disabilities 
  • Education 
  • Employment 
  • Non - Discrimination 
  • Research and Manpower Development 
  • Affirmative Action 
  • Social; Security 
  • Grievance Redressal 

Prevention and Early Detection of Disabilities 

  • Surveys, investigations and research shall be conducted to ascertain the cause of occurrence of disabilities. 
  • Various measures shall be taken to prevent disabilities. Staff at the Primary Health Centres shall be trained to assist. 
  • All the children shall be screened once a year for identifying '" At -risk" cases. 
  • Awareness campaign shall be launched and sponsored to disseminate information. 
  • Measures shall be taken for pre-natal, perinatal and post-natal care of the mother and child. 

Education 

  • Every child with disability shall have the rights to free education till the age of 18 years in integrated or special schools. 
  • Appropriate transportation, removal of architectural barriers and restructuring of modification in the examination system shall be ensured for the benefit of children with disabilities. 
  • Children with disabilities shall have the right to free books, scholarships, uniform and other learning material. 
  • Special schools for children with disabilities shall be equipped with vocational training facilities. 
  • Non-formal education shall be promoted for children with disabilities. 
  • Teachers' training institutions shall be established to develop requisite manpower 
  • Parents may move to appropriate forum for the redressal of grievances regarding placement of their children with disabilities. 

Employment 

3% vacancies in government employment shall be reserved for people with disabilities, 1% each for persons suffering from 

  • Blindness or low vision 
  • Hearing Impairmen 
  • Locomotor Disabilities & Cerebral Palsy

Suitable schemes shall be formulated for 

  • The training and welfare of persons with disabilities 
  • The relaxation of upper age limit 
  • Regulating the employment 
  • Health and Safety measures and creation of a non-handicapping environment in
    places where persons with disabilities are employed 
  • Government Educational Institutes and other Educational Institutes receiving grant from government shall reserve at least 3% seats for people with disabilities 
  • No employee can be sacked or demoted if they become disabled during service, although they can be moved to another post with same pay and condition. No promotion can be denied because of impairment. 

Affirmative Action 

Aids and appliances shall be made available to people with disabilities.

Allotment of land shall be made at concessional rates to people with disabilities for

  • House
  • Business
  • Special Recreational centres
  • Special Schools
  • Research Schools
  • Factories by Entrepreneurs with Disability

Non - Discrimination 

  • Public buildings, rail compartments, buses, ships and air-crafts will be designed to give easy access to people with disabilities 
  • In all public places and in waiting rooms, toilets shall be wheel chair accessible. Braille and sound signals are also to be provided in lifts 
  • All the places of public utility shall be made barrier-free by providing ramps 

Research and Manpower Development 

Research in the following areas shall be sponsored and promoted 

  • Prevention of disability 
  • Rehabilitation including CBR 
  • Development of Assistive Devices 
  • Job identification 
  • On site modification of Offices and Factories 

Financial assistance shall be made available to the universities, other institutions of higher learning, professional bodies and non-government research-units or institutions, for undertaking research for special education, rehabilitation and manpower development 

Social Security 

  • Financial assistance to non-government organizations for rehabilitation of persons with disabilities 
  • Insurance coverage for the benefit of the government employees with disabilities 
  • Unemployment allowance to people with disabilities registered with the special employment exchange for more then a year and who could not be placed in any gainful occupation 

Grievance Redressal 

In case of violation of rights as prescribed in the Act people with disabilities may move an application to 

  • Chief Commissioner for Persons with Disabilities in the Centre
  • Commissioner for Persons with Disabilities in the States
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Concession & Reservations from Govt. of India

Thinking of buying a car?

Government of India, ministry of industry, had issued a notification to all the passenger-car manufactures in June 1999, to supply cars for the physically disabled car drivers on concessional excise duty at 25% vis-a-vis the normal 40%. Even though it has been a year since the notification was issued not many are aware of it.

All communications should be addressed to the Government of India. Ministry of Industry, by title NOT by name. 

No.12(18)/99-AEI 
Bharat Sarkar Government of India 
Udyog Mantralay Ministry of Industry 
Audyogik Neeti Aur Samvardhan Vibhag
(Deptt. of Industrial Policy & Promotion) 
Udyog Bhawan, New Delhi-110011


All Manufacturers of Passenger Cars 

Subject:- Supply of car for physically handicapped customers on concessional rate of excise duty.

Dear Sirs,
I am directed to say that with a view to help the physically handicapped, the Ministry of Finance. Government of India, has allowed a concessional rate of excise duty of 25% as against the normal rate of 40%. 
  • On cars being able to be driven by the physically handicapped; or 
  • On cars which have been suitably designed to be able to be driven by physically handicapped; or 
  • On cars meant for physically handicapped. 

Further, the Notification issued by Ministry of Finacne, inter alia stipulates that this concession can be claimed if a Deputy Secretary / Director in the Ministry of Industry, certifies that the vehicle is fit for use by the handicapped persons. 

This Department has since finalised the criteria for issue of such certificates to the handicapped persons, which are as Follows:- 

  • The handicapped applicant produces a medical certificate from the Medical Officer of a Government Hospital,as in the prescribed profoma. 
  • The handicapped person produces a certificate from the manufacturer of a passenger car to the effect that a booking has been made with them and that the passenger car to be delivered to the handicapped person has specifically been designed or fitted with special control devices or gadgets, depending upon the type of disability of the person, such as auto transmission, grip assembly, accelerator pedals, hand control etc. fitted in the car depending upon whether the disability is in right left arm or in right left leg or in both legs or in combination.
  • The applicant gives an affidavit that he had not availed of this Concession in the last 5 years and that he will not dispose of the car with excise duty after purchase for a period of 5 years.

It is hoped that persons with disability, who can afford to purchase a car, will make use of this facility by submission of suitable application, along with the above documents, to this department for examination and issue of the necessary certificate for availing the excise duty concession extended by the Government. 

The application from the physically handicapped persons, duly meeting the above requirements may be sent to the following:- 

The Under Secretary (AEI Division).
Room No. 356-A Department of Industrial Policy & Promotion.
Ministry of Indursty, Udyog Bhavan, New Delhi-110011 
Tel. No. 3014148 or 3010221/2292

The processing of such application is expected to take about 4 weeks. 

It is accordingly requested that you may take appropriate action to extend this facility to your customers who are handicapped. 

Concession to the Physically disabled persons through the Central Government 

Definition of O.H. given by the Central Government

The orthopaedically handicapped are those who have a physical defect or deformity which causes an interference with the normal functioning of the bones, muscles and joints.

Travel by Train

The orthopaedically handicapped person traveling with an escort, on a production of a certificate from government doctor to the effect that the person concerned is orthopaedically handicapped and cannot travel without the assistance of an escort, is eligible for getting concession.

75% of concession in First, Second and Sleeper classes

All categories of orthopaedically handicapped persons accompanied by escort, when travelling for admission or discharge from hospital where the O.H. persons are treated or for medical consultation with Medical expert, on a production of a certificate from government doctor / orthopaedic surgeon that the person a bonafide O.H. person and he cannot travel without an escort, for availing concession.

Conveyance Allowance

In accordance with the revised orders No. F.19029/2/86 - EIV & E19029/1/89-EIV dated 16.5.87 & 12.9.89 respectively, issued by the Ministry of Finance, Department of Expenditure, the Central Government employees who are on regular establishment ( including workcharged staff ) and who are orthopaedically handicapped ( with disability of upper or lower extremities ) are to be granted conveyance allowance at 5% of basic pay subject to maximum of Rs 100/- per month subject to the following condition.

An orthopaedically handicapped employee will be eligible for conveyance allowance only if he/she has a minimum 40% permanent / partial disability of either upper or lower limbs or 50% permanent / partial disability of both upper and lower limbs together. 

Conveyance allowance will be admissible to the orthopaedically handicapped employees on the recommendation of the head of Orthopaedic Department of a Government Civil Hospital

Income Tax Concessions

Section 80 DD provides for a deduction in respect of the expenditure incurred by an individual or HUF resident in India on the medical treatment ( including nursing ) training, rehabilitation etc. of handicapped dependants. For officiating the increased cost of such maintenance , the limit of the deduction has been raised from 12000/- to 15000/-.

Section 80 V : A new section has been introduced to ensure that the parent in whose hands income of a disabled minor has been clubbed under Section 64, is allowed to claim a deduction upto Rs 20000/- in case of an individual who is suffering from a permanent disability

Section SS B : This Section provides for an additional rebate from a Physically disabled person shall be allowed a deduction of Rs. 6000/-, but his deduction will not be allowed where his income exceeds Rs. 1,00,000/-

Additional Income Tax Concessions

The Govt. of India have recently announced the following additional concessions for individual or Hindu Undivided Families which have a relative who is physically disabled.

An assesse who is resident in India being an individual or Hindu Undivided Family has during the previous year incurred any expenditure for the medical treatment ( including nursing ), training and rehabilitation of a person, who is relative of the individual or is a member of the Hindu Undivided Family and is suffering from permanent physical disability shall be allowed a deduction of Rs 6000/-. This deduction will not be allowed where his income exceeds Rs 1,00,000/-

Deduction from the total income of handicapped persons under section 80-U of the Income Tax Act has been raised from Rs 20,000/- to Rs 40,000/-.

A deduction of Rs 20,000/- from the taxable income of the parents or guardians of handicapped children has been allowed provided this amount is deposited in any approved scheme of LIC, UTI etc.

Award of Dealerships/Agencies by Oil Companies

Award of Retail Outlet, 2/3 Wheeler Outlet, Kerosene - LDO Dealerships and LPG Distributorships

Ministry of Petroleum & Natural Gas has reserved 7 1/2% of all types of dealership agencies of the public sector oil companies for Physically Handicapped / Government personnel ( other than Defence personnel disabled on duty / Widows of Government personnel ( other than Defence personnel who die in the course of duty ).

The oil industry appoints its dealers / distributors through an advertisement in one English daily and one regional daily having maximum circulation in the district in which the dealership is to be located.

Eligibility Criteria

  • Indian National
  • Age group ( Between 21-30 years)
  • Educational Qualification ( Matriculation or equivalent )
  • Physically handicapped person should produce a certificate from Civil Surgeon / CMO or Superintendent of Govt. Hospital that he / she is O.H. to the extent of minimum 40% permanent partial or either upper or lower limb or both upper and lower limbs together.
  • The candidate income should not be more tan Rs 50,000/- per annum. Income for this purpose would include the income of the candidate, his / her spouse, dependent children put together, In case of dependent his / her parents income would also be taken into consideration. 

Application Form 

Standard format can be obtained from divisional / regional area office of the concerned oil companies 

Economic Assistance

Under the Scheme of Public Sector banks for Orphanages Women's Homes and Physically Handicapped Persons, the benefits of the differential rate of interest are available to physically handicapped persons as well as institutions working for the welfare of the handicapped The details of the scheme are as under:

Eligibility

Orthopaedically handicapped persons are eligible to take loans under the scheme, if they satisfy the following conditions:

  • Should be pursuing a gainful occupation
  • Family income from all sources should not exceed more than Rs. 7200/- in urban or semi-urban areas or Rs 6400/- p.a. in rural areas.
  • Should not have land holding exceeding 1 acre if irrigated, and 25 acres un-irrigated
  • Should not incur liability to two sources of finance at the same time.
  • Should work largely on their own and with such help as other members of their family or some joint partners may give them.

Reservation of Jobs and other facilities for O.H person

1% reservation in Gr. C & Gr. D Posts

(I) In order to implement these reservation, without loss of productivity some posts are identified disability wise.

Upper Extremities ( Major Defects )

Accounts Clerks, Office Clerks, Superintendents, Proof Readers, Receptionist, Stamp Vendors, Copy holders. Documentation Assistant, Editorial Assistant, library Clerks, Office Clerks,Research Investigators, Telephone Operator, Telex Operator Translators, Sub-Postmasters,

Lower Extremities (Major Defects)

Accounts Clerks, Computers, Copy holders; Editorial Assistant, Hand Compositors, Key punch Operators Office Clerks, Office Supt., Painters, Radio Technicians, Receptionists, Stenos, Stamp Vendors, Sub Postmasters, Telephone Operators, Telex Operators, Translators, Typists,

(Minor Defects)

Architectural Assistants, Book Binders, caretakers. Cashiers, Compounders, Commercial Artists, Documentation Asstt, Retiring Room Attendants, Sweepers, Farashes, Gestemer Operator, Instrumentalists Staff Artists, Musicians, Packers, Peon, Tracers, Watermen, Wireless Operator, laboratory Assistant, Salesmen, Teacher (Primary).

Carry forward of vacant posts Under reserve category - As per the Government order if a reserve category of person is not available or the nature of vacancy in an office is such that the given category of person cannot be employed then the post may be carried forward for a period of 3 subsequent years.

grant of age concession to PH persons - As per the Government order it has been decided to extend the age concession of 10 yrs in favour of handicap persons to recruitment to posts filled through the SSC and through Employment Exchange in Gr.C & Gr D posts.

Relaxations in typing qualifications - As per the order the PH persons who are otherwise eligible for appointment to posts of.D.C. but cannot be appointed for being unable to satisfy the typing qualifications due to their disability may be exempted from the to typing appointment.

Resolution for P. H. persons in posts filled by promotion - As per the order handicapped persons may be promoted to Gr.C from Gr.D written Gr.C against the identified post if they capable of being filled/held by the appropriate category of PH.

Exemptions from payment of examinations fee; As per the order PH persons recruited to Gr.C posts advertised by the UPSC/SSC

Welfare Scheme 

Scheme of assistance to disabled person tor purchase and fitting of aid/appliances

Only those aids and appliances which do not cost less than Rs.25 and more than Rs.3600/ are covered under this scheme. These limits will apply to individual items of aid and where more than one aid is required, giving of the same will be permissible and the limits will be applied separately. The amount of assistance will be as follows;

Total Income  Amount of Assistance
Up to Rs.1200 Full cost of the aid
Rsl201 to Rs2500  50% of the cost of the aid

Scheme of scholarship to the disabled persons

Type of course Rate p.m. for day scholars Rate p.m. for hostlers  Readers allowance p.m
CL. IX, X Pre- University courses 85 140 50
B A/BTEC/M.BB.S/LL.B/B.ED  170 240 100
Diploma in professional and engg. /training 170 240 100
M.A/M.SC/M.COM/LL.M/M.ED  170 240 100

The scholarship under the scheme is limited to a maximum period of 6 yrs. after Class XII. Under this scheme, no scholarship would be admissible to post M.A/M.Sc and M.Phil level as there are many schemes under the Universities to provide scholarships to students at this level. Income limit of parents/guardians of the candidate should not be more than Rs.2000/- per month.

In the case of severely disabled persons who requires special arrangements for transport additional monthly allowance of Rs. 50/- or actual expenditure whichever is less may be sanctioned. Each case will be examined on its own merits on the recommendation of the head of the institution/establishment and on the basis of medical certificate. No transport allowance will be paid to the student who resides in the hostel situated in the premises of the institution where studying or taking training.

Scheme of Subsidy for purchase of Petrol

Physically handicapped owners of Motorised vehicles granted exemption from the payment or the road tax by State Government/Union Territory Administration are eligible to claim refund up to 50% of the expenditure incur-red by theme on purchase of petrol/diesel] from recognized dealers subject to a ceiling as indicated below;

Vehicle upto 2 HP 15 Its per month 
Vehicle more than 2 HP   25 Its per month

The physically handicapped persons having an income upto Rs.2500/- from all sources would only be eligible for the grant of subsidy on purchase of petrol / diesel.

The scheme is operative through District Social Welfare Officers or Tehseeldar/Equivalent officer.

Artificial limbs manufacturing corporation
ALIMCO

This is the only public sector company of its type in the country. It manufacturers crutches, wheelchairs, tricycles, and other aids and appliances which are of international standards. The company has set up 35 limb fitting centres which operate through State Government. Besides, there are 152 implementing agencies which provide the aids and appliances manufactured by ALIMCO

Telecommunication

Preference in Allotment of STD / PCO 
Educated unemployed persons are eligible for allotment of STD / PCOs
The educational qualification for the applicants is

  • VIII or Middle School pass from rural areas
  • Atleast Matriculation or High School for Urban areas

Customs Concessions

Individuals
( Notification No. 105/86 Dated 17.2.86 Annexure issued by the Dept. of Revenue, Ministry of Finance )

The Central Government. exempts goods specified below, when imported into India by handicapped or disabled persons for his/her personal use, from the whole of the duty of customs and the additional duty subject to the condition that the importer produces to the Assistant Collector of Customs, at the time of importation, a certificate from the Civil Surgeon of the District, Medical Officer or the Administrative Medical Officer or the Director of Health Services of the concerned State or a Specialist in the concerned speciality attached to the Govt. Hospital or a recognised Medical College to the effect that the importer suffers from the particular handicap or disability and that the imported goods in respect of which the exemption is claimed are essential to overcome the said handicap or disability.

  • Orthopaedic appliances falling under Heading 90.21 of the First Schedule to the said Tariff Act.
  • Wheel Chairs falling under Heading No. 87.13 of the said First Schedule

Children's Education Allowance

As per Office Memorandum No. 21011/21/88 - Estt ( Allowances) dated 17.10.88, issued by the Ministry of Personnel, Public Grievances & Pensions ( Department of Personnel & Training) , grant of children education allowance, reimbursement of tuition fee etc. to Central Govt. Employees will be governed by the Central Civil Services ( Educational Assistance 0 orders 1988

Under this order, the reimbursement of tuition fee in respect of physically handicapped children of the Central Govt. employee has been enhanced to Rs 50/- per month ( from class I to XII ) in comparison with general category where it restricts only Rs 20/- per month. The disabled children will however , get other assistance under this scheme as per rates prescribed for the normal children.

Scheme of Integrated Education for the Disabled Children

This is a Centrally Sponsored Scheme and was launched in 1974 by the then Department of Social Welfare. The Scheme has however been transferred to the Department of Education since 1982. Under the Scheme , handicapped children are sought to be integrated in the normal school system.

Handicapped children are provided the following allowances and facilities under this scheme

  • Books and Stationary allowance of Rs 400/- per annum
  • Uniform allowance of Rs 50/- per annum
  • Transport allowance of Rs 50/- per month ( if a disabled child admitted under the scheme resides in a hostel of the school within the school premises, no transportation charges would be admissible 
  • Escort allowance for severely handicapped children with lower extremity disability @ Rs 75/- per month
  • Actual cost of equipment subject to a maximum of Rs 2000/- per student for a period of five years. 

In case of severely orthopaedically handicapped children, it may be necessary to allow one attendant for 10 children in a school. The attendant may be given the standard scale of pay prescribed for Group 'D' employees in States / UT concerned 

Disabled children residing in school hostels within the same institution where they are studying may also be paid boarding & lodging, charges as admissible under the State Govt. rules / schemes. Where there is no State Scheme of Scholarship to hostlers, the disabled children, whose parent income does not exceed Rs 3000/- per month, may be paid actual boarding & lodging subject to a maximum of Rs 200 per month.

Severely orthopaedically handicapped children residing in school hostel may need the help of a helper or an ayah. A special pay of Rs 50/- per month is admissible to any employee of the hostel willing to extend such help to children in addition to his/her duties

In a school in rural areas where at least 10 handicapped children are enrolled, capital cost for the purchase of school rickshaw of free use of these children and expenses of rickshaw puller of Rs 300/- per month will be provided under the scheme. In such cases no transport allowance will be payable to such students. 

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Rehabilitation Council of India

The RCI was constituted by an Act of Parliament. The Indian Parliament passed the RCI Act of 1992 that came into force in 1993. It is now mandatory for all categories of persons notified by the Act to come under the purview of RCI.

The subject of disability has been neglected for the past 50 years. The nation has not been able to address the basic issues of prevention, intervention, promotion and rehabilitation in an adequate manner. In order to meet the manpower requirements of the nation all the 19 professions that have been recognised by the Act need to be upgraded and professionalized.

India is a vast country and has a very large rural population. Services have so far mostly reached urban areas. There is an urgent need for these services in the rural areas. Support and cooperation from medical colleges, universities, NGOs, State Governments, other institutions and foreign agencies is essential for achieving these objectives This calls for coordinated efforts from various organizations for converging services at individual, family and community levels.

RCI is taking a step towards this by playing a positive role in the standardization of training programmes and in the development of manpower in the field of special education and rehabilitation.

The RCI has conducted the Bridge Course in order to clear the backlog of untrained personnel working in the area of disability. Besides this the RCI will also conduct orientation training of PHC doctors/para-medicals in order to equip them with the knowledge on social and economic independence of people with disabilities. RCI also plans the development of manpower through new centres and by doubling the capacity of existing training centres.

RCI also proposes to constitute RCI Fellowships for students doing advanced studies in the field of disability in India and abroad to promote the professionals with a scientific temper.
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