MAJOR ISSUES TAKEN UP BY THE OFFICE OF THE COMMISSIONER FOR PERSONS WITH DISABILITIES (2012 - 2016)
I. Proposal for creation of posts.
Proposal for creation of 8 (eight) posts for the office of the Commissioner for Persons with Disabilities was submitted to the Government of Mizoram vide our letter No. A. 11013/2/2012-Commr/PwD (SWD)/100 dt: 27/09/2013. However, approval for creation and filling up of one post of Driver and two posts of Grade IV only is being under consideration of Government.
II. 3% Reservation of Post for Persons with Disabilities :
(i) Commissioner for Persons with Disabilities had written letter to all the Departments with a request to intimate whether identified Posts have been filled up in their respective Departments, as well as clarifications and justification for Posts not filled up till date. 69 Departments have responded to our letter and necessary actions are being taken till date. Total no. of disabled persons employed in the State under Group ‘A’, ‘B’, ‘C’ and ‘D’ is 45 nos.
(ii) Commissioner for Persons with Disabilities had also sent a request to the Additional Chief Secretary, Social Welfare Department to take immediate action at Government level for filling up of vacant posts for Persons with Disabilities against 3% reservation of identified posts in a time bound manner with special recruitment drives vide letter No. A. 21020/1/2013-Commr/PwD (SWD)/274 dt: 04.11.2013.
(iii) District Employment Officers Aizawl, Lunglei and Saiha Districts were requested to sponsor eligible disabled candidates while furnishing list of candidates for filling up of the vacant posts so that disabled persons can be employed against their rightful 3% reservation of post vide our letter No. A. 21020/1/2013 – Commr/PwD (SWD)/270 dt: 24.10.2013.
(iv) Proposal was submitted to Social Welfare Department and D.P. & A.R. to revise 3% reservation of posts for Persons with Disabilities vide our letter No. C. 31014/2/2013-Commr/PwD (SWD) dt: 12.08.2013 and No. A. 21020/1/2013 - Commr/PwD (SWD)/301 dt: 05.09.2014 as required under Section 32 of PwD Act, 1995.
Another proposal was submitted to DP & AR (GSW) on 28th June, 2016 to revise 3% reservation of posts for Persons with Disabilities.
(v) Commissioner for PwDs had requested all the Departments to identify backlog vacancies under their Department and submit a copy of their report to office of the Commissioner for PwDs. 19 Departments have responded to our letter and necessary actions are being taken till date.
The office has also requested all heads of department and offices to furnish information on 3% reservation alongwith backlog vacancies under their concerned departments vide No. A. 21021/1/2014 – Commr/PwD (SWD)/146 dt: 28.06.2016.
(vi) PwD Act and Rules has also been distributed to all heads of Department and all offices.
III. Scheme for Implementation of Persons with Disabilities Act, 1995 (SIPDA) :
• Access Audit : Access Auditors were appointed vide Gazette Notification No. B.13016/5/2000-SWD dt 19.03.2004 to audit Barrier Free Built Environment in public buildings under section 46 of the Persons with Disabilities (EOPRFP) Act, 1995 within Mizoram. Having learnt that Audits had not been conducted since 2004, these Access Auditors were requested to immediately conduct Audit for Barrier Free Built Environment in Public Buildings. Hence, Audit in respect of constructions of ramps, railings and adapted toilets as sanctioned by the Ministry of Social Justice & Empowerment under SIPDA were conducted in the following offices/public places-:
9th October, 2013 : Directorate building, Social Welfare Department, Aizawl.
24th October, 2013 : Office of Deputy Commissioner, Serchhip District.
25th October, 2013 : Office of Deputy Commissioner, Lunglei District.
29th October, 2013 : Office of Deputy Commissioner, Kolasib District.
11th Sept., 2014 : Secretariat Complex, Aizawl.
30th March, 2015 : Rajiv Gandhi Stadium, Aizawl.
• Spot verification has also been conducted by Assistant Commissioner for PwDs for the year 2013 - 14 and Bank cheque has also been issued to the following proposed buildings:-
1) Lengpui Airport, Mamit District (Toilets, Ramps & Rails)
2) Civil Hospital, Aizawl (Ramps & Rails)
3) Office of the Deputy Commissioner, Aizawl (Ramps & Rails)
4) Vanapa Hall, Aizawl (Toilets & Ramps)
5) New Secretariat Building, Aizawl (Lifts)
6) Chief Judicial Magistrate, Kolasib (Ramps & Rails)
7) District Hospital, Aizawl (Ramps & Rails)
8) District Hospital, Mamit (Ramps & Rails)
9) District Hospital, Serchhip (Ramps & Rails)
10) District Hospital, Champhai (Ramps & Rails)
11) District Hospital, Lunglei (Ramps & Rails)
12) District Hospital, Lawngtlai (Ramps & Rails)
13) District Hospital, Saiha (Ramps & Rails)
14) Chief Judicial Magistrate, Kolasib (Ramps & Rails)
IV. Disabled Loan :
(i) PwDs were given loans through the channelizing Agency viz. Mizoram Rural Bank (MRB) under the ‘Scheme for loan to Handicapped persons’ extended by the NHFDC (National Handicapped Finance Development Corporation)
(ii) Commissioner for PwDs requested the Government to further extend Block Guarantee for the loan to PwDs as per notional allocation by the NHFDC for the year 2013-2014 vide letter No. B. 13015/1/2013-Commr/PwD (SWD) dt: 08.05.2013.
V. Issue of Disability Certificate :
Government had been requested to issue necessary instructions for simplification and streamlining of the procedure for issue of Disability Certificate vide our letter No. B. 11013/1/2012-Commr/PwD(SWD) dt: 07.05.2013. Consequently, Notification designating Medical authorities in the PHCs/CHCs and Hospitals in Mizoram to issue Disability Certificates was issued by Govt. of Mizoram vide No. J. 11011/9/2012 – HFW dt: 27.01.2014. The total number of disability certificates and ID issued in the State upto 10.11.2016 is 10,143 nos. which is 67%.
VI. Monitoring of Grant-in-Aid to NGOs:
Verification/Inspection of Special Blind School run by Samaritan Association and Gilead Special School run by the Spastic Society of Mizoram has been conducted by this office to monitor utilization of Grant-in-Aid sanctioned and released by the Ministry of Youth Affairs and Sports.
VII. Accessible Website for Persons with Disabilities:
In pursuance of the order of the Court of the Chief Commissioner for Persons with Disabilities, Ministry of Social Justice & Empowerment, Government of India, the Office of the Commissioner for Persons with Disabilities had written letter to all the Departments for making their Departmental Website accessible for Persons with Disabilities. In respond to our letter many departmental websites have been made accessible for PwDs which were earlier not being made accessible.
VIII. Preferential allotment of land
As the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995 under rule no. 43 has guaranteed disabled person to access land and property for their own, Notification No. R. 52012/1/97-REV dt: 06.11.2000 was issued by Government of Mizoram in pursuance of the Act.
The Commissioner for Persons with Disabilities has therefore requested Revenue Department to collect report on number of house sites allotted to disabled persons as per Notification No. R. 52012/1/97 – REV dt: 06.11.2000 from 8 (eight) districts of Mizoram vide letter No. B. 13016/1/2013-Commr/PwD (SWD) dt: 01.05.2013.
IX. Complaint received
2012: Nil, 2013: 3 nos, 2014: 4 nos, 2015: 1 no., 2016: 5 nos. Total: 13 nos.
Any complain received prompt actions were taken. In the process of solving the issue personal contact to the related Govt. officials, laymen and disable person were made. So far, issues were solved without hurting ones sentiments. To work with disabilities qualification is not all but big heart matters.
X. Election
Commissioner for PwDs had requested the Chief Secretary, Government of Mizoram and Chief Electoral Officer for making appropriate arrangements for making electoral process accessible for citizens with Disabilities in the General Election to Mizoram Legislative Assembly vide letter No. B. 11013/1/2012 – Commr/PwD (SWD)/91 dt: 13.11.2013. This includes the followings:-
(i) Appropriate arrangements for PwDs including wheel chair users during General Election to Mizoram Legislative Assembly, 2013 so that they are able to access the Polling Booths and cast their votes.
(ii) All the EVMs should have Braille markings and a list of contesting candidates should be made available at every Polling Booth in Braille as well as in large print.
(iii) The website of Election Commission of India and Chief Electoral Officer of Mizoram should be made accessible to PwDs including citizens with visual disabilities.
Another letter was written to the Chief Secretary, Government of Mizoram and the Chief Electoral Officer vide our letter No. H. 11020/1/2014-Commr/PwD/11 dt: 23.01.2014 which includes the followings:-
(i) Ramp facility: A ramp should be provided at the Polling Stations to facilitate the physically challenged voters, as per the directions of the Hon’ble Supreme Court of India.
(ii) Physically Challenged electors shall be given priority for entering the Polling
Stations without having to wait in the queue for other electors and all necessary assistance as may be required should be provided to them at the Polling Stations, while duly ensuring the secrecy of their cotes in accordance with Election Commission of India guidelines
(iii) As regards Electronic Voting Machines (EVMs) having Braille markings and list of contesting candidates, post 2006 models of Electronic Voting Machines (EVMs) have the facilities.
XI. Reservation of seats for students with Disabilities.
Commissioner for Persons with Disabilities had written letter to all Colleges in Mizoram to furnish the list of admissions given to Persons with Disabilities under 3% reservation of seats for various courses for the new academic session (2014 - 15) under their college/Institution. 18 Colleges have responded to our letter and necessary actions are being taken till date. Number of disabled students admitted in colleges and IGNOU within the State of Mizoram during 2014 - 15 is 72 nos.
XII. Grant of Child Care Leave
As per O.M No. G.12011/1/2011 - F. Est/37 dt: 21/03/2016, women employees with disable children may be granted Child Care Leave by an authority commpetent to grant leave subject to the following conditions:-
(i) CCL may be granted in more than 3 spells ina calendar year.
(ii) CCL should not ordinarily be granted during probation period except in case of certain extreme situations where the Leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
(iii) it is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.
XIII. State Co-Ordination and State Executive Committee
State Co-ordination Committee was first constituted on 24th June, 2003 and Meeting of the Committee was last convened on 22nd Sept, 2015. State Executive Committee was first constituted on 5th August, 1999 and meeting of the State Executive Committee was last convened on 8th July, 2013.
XIV. Travelling Allowance
Vide O.M No. G. 14019/1/2010-F. Est/116-117 dt: 22/05/2015 Government Servant with Disability is allowed to have an Attendant or Escort while Travelling .
XV. Transport
State Government servants having minimum 40% of disability are given Transport allowance at the minimum of Rs. 1,000/- p.m w.e.f 01.08.2010 vide Government Notification No. A. 26019/1/09 – FIN (PRU) dt: 06/08/2010.
Free/ Concessional Travel for Persons with Disabilities:-
(a) Free travel concession in MST buses to the bonafide blind persons(both eyes), physically disabled persons, mentally retarded persons provided that they are not Government servants and have no Government servants in their families vide Government Notification No.D.20014/1/94-TRP dt. 26/2/2001.
(b) Special concession in fare upto 50% is given to Persons with Disabilities for travelling in city buses in Aizawl and Lungleion production of I.D Card issued by Social Welfare Department.
Transport allowance at various rates depending on the pay scales of the employees is given to physically handicapped Govt. employees viz. Blind and/or Orthopaedically handicapped employees with minimum of 40% permanent partial disability of either upper or lower limbs or 50% permanent partial disability of both upper and lower limbs together as certified by appropriate Medical Authorities vide O.M No. A. 26019/1/99-FIN (PRU) dt: 10/06/2004.