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| Date | 1999-04-29 |
|---|---|
| Type | Commercial Circular |
| Topic | concessions |
| Currency | Historical — likely superseded |
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Absorption of disabled/medically decategorised staff in alternative employment - Amendment to IREM heen declared totally incapacitated is not fit for any alternative post even in the lowest
\ ६01 ८:01, teen
v S.C.No. 6 to M.C.No. 25
Government of India
Ministry of Railways
(Railway Board)
kkkikk
No. E(NG)I-2001/RE-3/8 New Delhi, July 1, 2003
The General Managers (P),
All Indian Railways andP US,
(As per Standard lis!) er Standard list
Sub: Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 - Absorption of disabled/medically
decategorised staff in alternative employment - Amendment to IREM.
Reference this Ministry's letter No. E(NG)|-96/RE-3/9(2) dated 29.04.1999 read with
their letter No. . E(NG)I-2000/RE-3/5 dated 31.07.2001 on the above subject.
2. The question whether the services of an employee who has been declared totally
incapacitated, not fit for any post even in the lowest medical category can be terminated, has
been examined in consultation with the Ministry of Social Justice and Empowerment and the
Ministry of Law and Justice, Department of Legal Affairs. it has been clarified that the
provision in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 4995, for creation of supernumerary post pending jocation
of a suitable alternative post for a medically decategorised/disabled person 15 intended to
cover cases where a disabled person is in a position to discharge duties other than those
which he was performing before the disablement and that the employee should be within the
permissible limit of disability 90 99 to be covered. under Section 47 of the act ibid. है. has,
therefore, been decided by the Ministry of Railways that since a Railway servant who has
heen declared totally incapacitated is not fit for any alternative post even in the lowest
medical category, he should be declared invalidated and ratired from service as pet
procedure in force prior fo coming into force of revised procedure laid down in ACS No. 77
issued under this Ministry's letter No. E(NG)|-96/RE-3/9(2) dt. 29.04.99.
3. The Indian Railway Establishment Manual, Vol. |, 4989 should also be amended as in
the Advance Correction Slip No. 148 enclosed.
Please acknowledge receipt. eh EE.
(J.S. Gusain)
Joint Director, Estt{n)
Railway Board
DA: Advance Correction Slip No .L4%
_cont'd...2/-
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