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The Government
has approved the Scheme of providing incentives to the employers in the expanding
private sector, to promote employment of persons with disabilities. It has been
decided that incentives be provided to the private sector employers. Section 41
of the Persons with Disabilities (Equal Opportunities, Protection of Rights and
full Participation) Act, 1995 provides for incentives to employers to ensure that
at least five percent of their work force was composed of persons with disabilities.
The National Policy for Persons with Disabilities, which was adopted in 2006 also
lays down that pro-active measures will be taken to provide incentives, awards,
tax exemptions etc. to encourage employment of persons with disabilities in private
sector. Accordingly, Finance Minister in his Budget Speech had announced a Scheme
for employment of physically challenged in the organized sector After consideration,. Under the scheme, the employees with disabilities covered
under the Persons with Disabilities (Equal Opportunities, Protection of Rights
and full Participation) Act, 1995 and the National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999 and working in the private sector, with monthly wage up to Rs.25000/- per
month would be covered. The scheme would be applicable to all the employees with
disabilities, who are appointed on or after 1.4.2008. The scheme of giving incentives to
employers, for providing employment to persons with disabilities in the private
sector, as approved by the Government would be as under:- (i)
Total
Outlay : Rs. 1800 crore for the 11th Five Year Plan (ii)
Sector
covered : Private Sector (iii)
Jobs
to be created : one lakh per annum (iv)
Salary
limit : Employees with disabilities,
with monthly wage up to Rs.25000/-per month,
working in the private sector would be covered. (v)
Incentives : Payment by the Government of the employer’s
contribution to the Employees Provident fund and Employees State Insurance for
the first three years. The administrative charges of 1.1% of the wages of the
employees covered under Employees Provident Fund &Miscellaneous Provisions
(EPF&MP) Act will continue to be paid by the employer. Conditions:- A.
The
scheme will be applicable to the employees with disabilities:- (i)
Covered
under the Persons with Disabilities (Equal opportunities, Protection of Rights
and full Participation) Act, 1995 and the National Trust for Welfare of Persons
with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999. (ii)
In
the private sector all over India on enrolment of the employees in Employees Provident
Fund (EPF) and the Employees State Insurance (ESI), under the Employees Provident Fund
and Miscellaneous Provisions Act, 1952 and Employees State Insurance Act, 1948
respectively. In Jammu and Kashmir, the employees would be registered
in EPF under the J& K Employee Provident Fund and Miscellaneous Provision
act, 1961. (iii)
Appointed
on or after 1.4.2008. B.
The
employers would submit a copy of the disability certificate, issued to the disabled
employee by the Competent Authority under the Persons with Disabilities (Equal
Opportunities, Protection of Rights and full Participation) Act, 1995 and the
Persons with Disabilities (Equal Opportunities, Protection of Rights and full
Participation) Rules, 1996, first time when such benefit under EPF and ESI is claimed. C.
The Government will directly provide employer’s
contribution for the schemes covered under the Employees Provident Fund &
Miscellaneous Provisions Act, 1952 and the Employees State Insurance Act, 1948.
This will be done in respect of employees for a maximum period of three years.
The administrative charges of 1.1% of the wages of the employees covered under
the EPF Act will continue to be paid by the respective employers. The
Ministry of social Justice& Empowerment would make available to the Employees
Provident fund Organization and Employees State Insurance Corporation lump sum
funds by way of advance. These would be used for the purposes of adjustment of
individual claims received from the employers under the scheme. The amount with
the organizations would be replenished periodically. Initially both the organizations
would be provided Rs. 5 crore each and considering the requirement, the amount would
be subsequently enhanced. The advance amount would be subject to quarterly review
by the high level committee to be set up. To monitor
the implementation of the scheme, a high level Committee Co-chaired by the Ministries
of Labour & Employment and Social Justice &
Empowerment would be constituted. The composition of the Committee will be as
follows - Secretary, Ministry of Labour and Employment-Chairman;
Secretary, Ministry of Social Justice and Empowerment-Co-chairman; Joint Secretary,
M/Labour & Employment-Member; Chief Provident Fund
Commissioner of Employees Provident Fund Organization –Member; Commissioner, Employees
State Insurance Corporation- Member; Joint Secretaries & Financial Advisors
from the Ministries of Social Justice& Empowerment and Labour
& Employment-Member and Joint secretary level officer in Ministry of Social
Justice & Empowerment-Member Secretary. The Committee would meet periodically, as per requirement,
with a minimum sitting of once in a quarter and consider various issues necessary
for the smooth functioning of the scheme. SB/AP
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