Clarification – Special Conveyance Allowance to Disabled Employees on Production of Assessment Certificate dt 11.04.2023
OFFICE MEMORANDUM
Subject: Conveyance Allowance to Disabled Employees
I am directed to refer to the letter No.TM-1/2-3A(iv)/7/2022-23/4108 dated 14.02.2023 on the subject noted above and to intimate that an advice sought from Law Department vide letter No.Reg:03-06/2021 dated 18.01.2021 upon the similar scenario is enclosed for information & necessary action.
I am directed to refer your letter No.FD.PR.12-5/2015/1308-1310, dated: 13.01.2021 on the subject and to state that the disability certificate, issued in favor of Muhammad Arif by Assessment Board, constituted under Section 12 of the Disabled Persons (Employment and Rehabilitation) Ordinance 1981, would be sufficient for grant of special conveyance allowance to him.
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 the whole of Pakistan.
(3) It shall come into force on such days as the Federal Government may, by notification in the official Gazette, appoint.
2. Definitions.
In this Ordinance, unless there is anything repugnant in the subject or context,
- “Chairman” means the Chairman of the National Council or, as the case may be, the Provincial Council;
- “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);
- “disabled person” means a person who, on account of injury, 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;
Duties of Secretary.
The Secretary shall exercise such powers and perform such functions as may be assigned to him by the Chairman.
3. Appointment of Committee.
The National Council or a 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.
4. Establishments to employ disabled persons.
- Not less than one per cent 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.
- The disabled persons employed against any post in pursuance of subsection (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.
- 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.
5. Establishment to pay to the Fund.
An establishment which does not employ a disabled person as required by section 10 shall pay into the Funds each month the sum of money it would have paid as salary or wages to a disabled person had he been employed.
6. Registration of disabled persons.
- Any disabled persons 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 Federal Government; and the Employment Exchange shall refer all names so registered to the Provincial Council.
- 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 Provincial Government.
- 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.
- 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.
- If a person is declared by the Provincial Council not to be a disabled person, his name shall be struck off the register.
7. 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 Provincial Government.
8. 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 National Council may, by notification in the official Gazette, specify.
9. Power to debar further employment.
- 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.
