33.(1) Every appropriate Government shall reserve in every establishment under them, not less than five per cent, of the vacancies meant to be filled for persons or class of persons with benchmark disability, of which one per cent, each shall be reserved for the persons with following disabilities,-
(a) blindness and low vision;
(b) hearing impairment and speech impairment;
(c) locomotor disability including cerebral palsy, leprosy cured and muscular dystrophy;
(d) autism, intellectual disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deafblindness in the posts identified for each disabilities:
Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
Explanation: For the purpose of this section, the computation of reservation of vacancies for the persons with benchmark disabilities shall be computed on five per cent, of the total cadre strength.
(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with bench mark 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 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 shall by notification, provide relaxation of upper age limit upto five years for employment of persons with bench mark disability.
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