NYAYA SIGNAL
Chandigarh · 2016 · Section 34

Section 34 — Reservation.

THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

34. Reservation.—(1) Every appropriate Government shall appoint in every Government 

establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each 

group of posts meant to be filled with persons with benchmark disabilities of which, one per cent. each 

shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent. 

for persons with benchmark disabilities under clauses (d) and (e), namely:— 

(a) blindness and low vision; 

(b) deaf and hard of hearing; 

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and 

muscular dystrophy; 

(d) autism, intellectual disability, specific learning disability and mental illness; 

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in 

the posts identified for each disabilities: 

Provided that the reservation in promotion shall be in accordance with such instructions as are issued 

by the appropriate Government from time to time: 

Provided further that the appropriate Government, in consultation with the Chief Commissioner or the 

State Commissioner, as the case may be, may, having regard to the type of work carried out in any 

Government establishment, by notification and subject to such conditions, if any, as may be specified in 

such notifications exempt any Government establishment from the provisions of this section. 

(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a 

suitable person with benchmark 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 benchmark 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.  



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(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit 

for employment of persons with benchmark disability, as it thinks fit.

Source notes

Document extract. Section boundaries were matched to the arrangement of sections in the official source. Original formatting and footnote placement can differ; check the linked document.