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2 Definitions

Wed, 05/14/2014 - 12:08 -- shalini.singh
Section description: 

2. In this Act, unless the context otherwise requires:-
 
(a)    “appellate authority” means an authority notified under sub-section (1) of section 52 or designated under sub-section(1) of section 58, as the case may be;
(b)   “appropriate Government” means
(i)                 in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924, the Central Government; : (Remarks : 2 of 1924)
(ii)               in relation to a State Government or any establishment, wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government.
 
(c)    “barrier” means any factor including communicational, cultural, economic, environmental, institutional, political, social or structural factors which hampers the full and effective participation of persons with disabilities in society;
(d)   “care-giver” means any person including parents and other family Members who with or without payment provides care, support or assistance to a person with disability;
(e)    “certifying authority” means an authority designated under sub-section (1) of section 56;
(f)    “communication” includes means and formats of communication, languages, display of text, Braille, tactile communication, signs, large print, accessible multimedia, written, audio, plain-language, human-reader augmentative and alternative modes and accessible information and communication technology;
(g)   “competent authority” means an authority appointed under section-48;
(h)   “establishment” means a corporation established by or under a Central Act or State Act or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defiend in section 2 of the Companies Act, 2013 and includes Department of a Government; : (remarks : 18 of 2013)
(i)     “Fund” means the National Fund constituted under section 100;
(j)     “high support” means an intensive support, physical, psychological and otherwise, which may be required by a person with benchmark disability for daily activities, accessing facilities and participating in all areas of life including education, employment, family and community life and treatment and therapy;
(k)   “inclusive education” means a system of education wherein students with and without disability learn together and the system of teaching and learning is suitably adopted to meet the learning needs of different types of students with disabilities;
(l)     “institution” means an institution for the reception, care, protection, education, training, rehabilitation and any other activities for persons with disabilities;
(m) “local authority” means a Municipality or a Panchayat, as defined in clause (e) and clause (f) of article 243P of the Constitution; a Cantonment Board constituted under section 10 of the Cantonments Act, 2006; and any other authority established under an Act of Parliament or a State Legislature to administer the civic affairs; : (Remarks : 41 of 2006)
(n)   “National Commission” means the National Commission for persons with disabilities constituted under section 73.
(o)   “notification” means a notification published in the Official Gazette and the expression “notify” shall be construed accordingly;
(p)   “person with benchmark disability” means a person with not less than forty percent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority;
(q)   “person with disability” means a person with long term physical, mental, intellectual or sensory impairment which hinder his full and effective participation in society equally with others;
(r)     “person with disability having high support needs” means a person with benchmark disability certified under clause (a) of sub-section(2) of section 57 who needs high support;
(s)    “prescribed” means prescribed by rules made under this Act;
(t)     “reasonable accommodation” means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others;
(u)   “registered organization” means an association of persons with disabilities or a disabled person organization, association of parents of  persons with disabilities, association of persons with disabilities and family members, or a voluntary or non-governmental or charitable organization or trust, society, non-profit company working for the welfare of the persons with disabilities, duly registered under an Act of Parliament or a State Legislature;
(v)   “rehabilitation” refers to a process aimed at enabling person with disabilities to attain and maintain optimal, physical, sensory, intellectual, psychiatric or social function levels;
(w) “Special Employment Exchange” means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, regarding;
(i)                 persons who seek to engage employees from amongst the persons suffering from disabilities;
(ii) persons with benchmark disability whseeemployment;
(iii)  vacancies to which persons with benchmark disabilities seeking employment may be appointed.
 
(x)   “specified disability” means the disabilities as specified in the Schedule;
(y)  “State Commission” means a State            Commission for persons with disabilities       constituted under section 86 of this Act;
(z)    “universal design” means the design of products, environments, programmes and services to be usable by all people to the greatest extent possible, without the need for adaptation or specialized design and shall apply to assistive devices including advanced technologies for particular group of persons with disabilities.

 

 
 

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