Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Uttar Pradesh Public Services (Reservation For Physically Handicapped, Dependents Of Freedom Fighters And Ex- Servicemen) (Amendment) Act, 1997 6 of 1997 CONTENTS 1. Short Title And Commencement 2. Amendment Of Section 2 Of U.P. Act No. 4 Of 1993 3. Amendment Of Section 3 4. Amendment Of Section 4 5. Substitution Of Section 5 6. Repeal And Savings Uttar Pradesh Public Services (Reservation For Physically Handicapped, Dependents Of Freedom Fighters And Ex- Servicemen) (Amendment) Act, 1997 6 of 1997 An Act to amend the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex- Servicemen) Act, 1993 It is hereby enacted in the Forty-eighth Year of the Republic of India as follows :-- 1. Short Title And Commencement :- (1) This Act may be called the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and fix-Servicemen) (Amendment) Act, 1997. (2) It shall be deemed to have come into force on July 9, 1997. 2. Amendment Of Section 2 Of U.P. Act No. 4 Of 1993 :- I n Section 2 of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex- Servicemen) Act, 1993, hereinafter referred to as the principal Act,- - (a) for Clause (a) the following Clauses shall be substituted, namely :-- "(a) blindness refers to a condition where a person suffers from any of the following conditions, namely :-- (i) total absence of sight; or (ii) visual acuity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or (iii) limitation of the field of vision subtending an angle of 20 degree or worse; (aa) cerebral palsy means a group of non- progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;" (b) after Clause (d), the following Clauses shall be inserted, namely :-- "(dd) hearing impairment means loss of sixty decibels or more in the better ear in the conversational range of frequencies; (ddd) locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy; (dddd) low vision refers to a condition where a person suffers from impairment of visual functioning even after treatment or standard refractive correction but uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;" (c) for Clause (e), the following clause shall be substituted, namely :-- "(e) Physically handicapped means a person who suffers from :--(i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy;" (d) for Clause (f) the following Clause shall be substituted, namely :-- "(f) words and expressions used but not defined in this Act and defined in the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 shall have the meaning assigned to them in that Act." 3. Amendment Of Section 3 :- In Section 3 of the principal Act,-- (a) for Sub-section (1) the following Sub-section shall be substituted, namely :-- "(1) There shall be reserved at the stage of direct recruitment,-- (i) in public services and post two per cent of vacancies for dependents of freedom fighters and one per cent of vacancies for ex-servicemen; (ii) in such public services and posts as the State Government may, b y notification, identify one per cent of vacancies each for the persons suffering from,-- (a) blindness or low vision; (b) hearing impairment; and (c) locomotor disability or cerebral palsy." (b) Sub-section (2) shall be omitted; (c) in Sub-section (3) for the words "Backward Classes", the words "Other Backward Classes of citizens" shall be substituted; (d) Sub-section (4) shall be omitted; (e) for Sub-section (5), the following Sub-section shall be substituted, namely :-- "(5) Where, due to non-availability of suitable candidates any of the vacancies reserved under Sub-section (1) remains unfilled it shall be carried over to the next recruitment." 4. Amendment Of Section 4 :- In Section 4 of the principal Act, Sub-section (2) shall be omitted. 5. Substitution Of Section 5 :- For Section 5 of the principal Act, the following section shall be substituted, namely :-- "5. Savings.-- (1) The provisions of this Act as amended by the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act, 1997 shall not apply to cases in which selection process has been initiated before the commencement of the said Act and such cases shall be dealt with in accordance with the provisions of this Act as they stood before such commencement. Explanation.--For the purposes of this Sub-section the selection process shall be deemed to have been initiated where, under the relevant service rules, recruitment is to be made on the basis of,-- (i) written test or interview only, the written test or the interview, as the case may be has started, or (ii) both written test and interview, the written test has started. (2) The provisions of this Act shall not apply to the appointment to be made under the Uttar Pradesh Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974.". 6. Repeal And Savings :- (1) The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Ordinance, 1997(U.P. Ordinance No. 8 of 1997) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in Sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act, as if the provisions of this Act were in force at all material times.