Section 34 of The Rights of Persons with Disabilities Act, 2016.
- (1)Every appropriate Government shall appoint in every Government establishment, not less than four per cent. 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 per cent. each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. 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: Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time: Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.
- (2)Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if 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.
- (3)The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit.
Summary
- Every government establishment must reserve at least four per cent of vacancies for people with benchmark disabilities.
- One per cent is reserved for blindness and low vision.
- One per cent is reserved for deaf and hard of hearing people.
- One per cent is reserved for locomotor disabilities, including dwarfism, acid attack victims, and leprosy cured persons.
- One per cent is reserved for autism, intellectual disabilities, mental illness, and multiple disabilities.
- If a vacancy is not filled in a year, it must be carried forward to the next recruitment year.
Practical examples
FAQ
1. What is the total percentage of job reservation in government under Section 34 of The Rights of Persons with Disabilities Act, 2016?
Section 34 of The Rights of Persons with Disabilities Act, 2016, mandates that at least four per cent of the total number of vacancies in government establishments be reserved for persons with benchmark disabilities.
2. What happens if a reserved vacancy is not filled under Section 34 of the RPWD Act 2016?
According to Section 34 of The Rights of Persons with Disabilities Act, 2016, the vacancy is carried forward to the next recruitment year. If still not filled, it can be filled by interchange among categories or finally by a person without disability.
3. Can a government establishment be exempted from Section 34 of the Act?
Yes, under Section 34 of The Rights of Persons with Disabilities Act, 2016, the government may exempt an establishment from reservation rules after consulting the Chief or State Commissioner, based on the type of work.
Test yourself
Q1.Under Section 34 of The Rights of Persons with Disabilities Act, 2016, what total percentage of vacancies must be reserved in government establishments?
Q2.According to Section 34 of The Rights of Persons with Disabilities Act, 2016, how much is reserved specifically for persons with blindness and low vision?
Q3.What does Section 34 of The Rights of Persons with Disabilities Act, 2016, say about vacancies that cannot be filled in a given year?
Q4.Under Section 34 of The Rights of Persons with Disabilities Act, 2016, who must the government consult before exempting an establishment from reservation?