SRGR Law Offices

Draft for Discussion

October 6, 2022

NOTE ON COMPLIANCE OF PRIVATE COMPANY WITH RESPECT TO RIGHT TO

PERSON WITH DISABILITY ACT, 2016

A. Query:
Whether private companies are required to comply with the provision of Right to Person with
Disability Act, 2016?
If yes, what are the compliances to be adhered by the company.

B. Legal Facts:

(1) Section 2 (i) of “The Rights of Persons with Disabilities Act, 2016” (hereinafter referred
to as ‘RPWD Act’) defines establishment as:
“’establishment’ includes a government establishment and private establishment.”

(2) Section 2 (v) of RPWD Act defines private establishment as:

‘“private establishment” means a company, firm, cooperative or other society,
associations, trust, agency, institution, organisation, union, factory, or such other
establishment as the appropriate Government may, by notification, specify.’

The RPWD Act will be applicable on private company as defined by the RPWD Act.
Therefore, private companies will be complied under this RPWD Act.

(3) Section 3 of RPWD Act provides for Equality and Non – Discrimination
Section 3 (1) of the RPWD Act states, “The appropriate Government shall ensure that the
persons with disabilities enjoy the right to equality, life with dignity and respect for his or
her integrity equally with others.”
Section 3 (2) of the RPWD Act states, “The appropriate Government shall take steps to
utilise the capacity of persons with disabilities by providing appropriate environment.”
Section 3 (3) of the RPWD Act states “No person with disability shall be discriminated
on the ground of disability, unless it is shown that the impugned act or omission is a
proportionate means of achieving a legitimate aim.”
Section 3 (4) of the RPWD Act states, “No person shall be deprived of his or her
personal liberty only on the ground of disability.”
Section 3 (5) of the RPWD Act states, “The appropriate Government shall take necessary
steps to ensure reasonable accommodation for persons with disabilities.”

(4) Section 40 of the RPWD Act provides for Accessibility as “the Central Government
shall, in consultation with the Chief Commissioner, formulate rules for persons with
disabilities laying down the standards of accessibility for the physical environment,
transportation, information and communications, including appropriate technologies and
systems, and other facilities and services provided to the public in urban and rural
areas.”
 C. COMPLIANCES FOR THE PRIVATE COMPANY

The rules for RPWD Act, 2016 was enacted and notified in the official gazette of India on
15th June 2017 as Right to Person with Disability Rules, 2017 (hereinafter referred to as
‘RPWD Rule/Rules’) by the Department of Empowerment of Persons with Disability under
Government of India.
Private companies are bound to adhere to the following compliances under RPWD Act and
RPWD Rules:

Sr. No. Act/Rule Particulars Remark

1. Section 21 of Section 21 (1) of the RPWD Act Section 21 of RPWD Act
RPWD Act states, "Every company shall notify to be read along with Rule
(Equal equal opportunity policy detailing 8 of RPWD Rules
Opportunity measures proposed to be taken by it (mentioned below))
Policy) in pursuance of the manner as may
be prescribed by the Central
Government "
Section 21 (2) of the RPWD Act
states that, "every company must
register a copy of the
said policy with the Chief
Commissioner or State
Commissioner."
2. Rule 8 of (1) Every company must have an
RPWL Rules, equal opportunity policy for person
2017 with disability.
(Publication of (2) The company's equal opportunity
Equal policy must be prominently posted,
Opportunity especially on its website.
Policy) (3) A private company with 20 or
more employees and government
establishments must include:
(a) facilities and amenities for people
with disabilities to complete their
tasks.
(b) list of disabled-friendly jobs in
the company.
(c) selection of disabled people for
various posts, post-recruitment and
pre-promotion training, transfer and
posting preference, special leave,
and other amenities.
(d) accessibility, assistive devices,
and other accommodations.
 (e) a liaison officer to oversee
disabled employee recruiting and
facilities.
(4) a private company with fewer
than 20 employees must provide the
facilities and amenities disabled
employees need to succeed.
3. Section 22 of (1) Every company shall maintain Section 22 of RPWD Act
RPWD Act records of persons with disabilities to be read along with Rule
(Maintenance regarding employment, facilities 9 of RPWD Rules
of Record) provided, and other necessary (mentioned below))
information in accordance with this
Chapter in the form and manner
prescribed by the Central
Government.
(2) Every company exchange must
track disabled job seekers.
(3) The records maintained under
subsection (1) are open for
inspection at all reasonable hours by
government-authorized personnel.
4. Rule 9 of (1) Every company covered by Rule
RPWL Rules, 8 (3) of RPWD Rules must maintain
2017 (Form and the following records:
manner of (a) the number of persons with
maintaining disabilities employed and the date
record) they were hired.
(b) the name, gender, and address of
persons with disabilities.
(c) the nature of their disability;
(d) the nature of work being
rendered by such employed person
with disability; and
(e) the kind of facilities being
provided.
(2) Companies must produce on
demand records kept under these
regulations and any information
needed to determine compliance.
5. Section 44 of Section 44 (1) of the RPWD Act Section 44, 46 of RPWD
the RPWD Act states, "No company shall be granted Act to be read along with
(Observation of permission to build any structure if Rule 15 of RPWD Rules
accessibility the building plan does not comply (mentioned below) and
norms) with the provisions mentioned in the Section 40 of RPWD Act
Section 40 of RPWD Act." (mentioned above in legal
Section 44(2) of the RPWD Act facts))
states, "No company shall be issued
a completion certificate or allowed
to occupy a building unless it has
adhered to Central Government
rules."
6. Section 46 of "Government or private service Section 44, 46 of RPWD
the RPWD Act providers both shall provide services Act to be read along with
(Time limit for in accordance with the rules on Rule 15 of RPWD Rules
accessibility by accessibility formulated by the (mentioned below) and
service Central Government under Section Section 40 of RPWD Act
providers) 40 of the RPWD Act within two (mentioned above in legal
years of the date of notification of facts))
such rules; provided that the Central
Government in consultation with the
Chief Commissioner may grant an
extension for providing certain
categories of services in accordance
with the said rules."
7. Rule 15 of (1) Every company must comply
RPWL Rules, with the following physical
2017 (Rules of environment, transport, and
Accessibility) information and communication
technology standards:
(a) standard for public buildings as
specified by the Government of
India, Ministry of Urban
Development in March 2016.
(b) General Statutory Rules 895(E)
dated 20 September 2016, Bus Body
Code standard.
(c) Information and Communication
Technology-I website standard per
DARPG, India.
Website documents must be ePUB
or OCR-based pdf.
Within six months of the guidelines'
publication, the central government
must specify accessibility criteria.
 (2) Ministries and departments must
use domain regulators or other
means to ensure accessibility.
8. Rule 3 of (1) The private company's head must Rule 3 of RPWD Rules to
RPWD Rules, ensure that Section 3 of the RPWD be read along with
2017 Act is not mis-used to deny disabled Section 3 of RPWD Act
(Non – people their rights or benefits. (mentioned above in legal
Discrimination) (2) If the head of a private business facts))
with 20 or more employees receives
a complaint about disability
discrimination, he must
a) act according to the RPWD Act or
b) explain in writing how the act or
omission in question is a fair way to
reach a legitimate goal.
(3) If an aggrieved person submits a
complaint to the Chief
Commissioner or State
Commissioner for Persons with
Disabilities, the complaint must be
resolved within sixty days, except in
exceptional cases.
(4) No company can make a disabled
person pay for reasonable
accommodations.

D. ANALYSIS OF COMPLIANCES

(1) Non-Discrimination:
Private companies are not required to reserve jobs for disabled people, but they do have
other obligations. The RPWD Act prohibits any companies from discriminating against a
disabled person unless the act is a proportionate means to a legitimate end. The "head" of
the company is responsible for any act of discrimination, and it is his or her duty to ensure
that the provisions are not misused to hurt detriments of people with disabilities. Private
companies must also appoint a liaison officer to oversee recruitment of people with
disabilities, including provisions and amenities, and develop an equal opportunity policy.

(2) Equal Opportunity Policy:

An equal opportunity policy must inter alia contain:
a. details regarding amenities and facilities put in place for persons with disabilities;
b. lists of posts identified for such persons;
c. details of training, promotion, allotment of accommodation and provision of assistive
devices and barrier free accessibility for such persons; and
d. details of the liaison officer / grievance redressal officer.
(3) Maintain Record
The company is required to keep a record of the number of persons with disabilities it
employs, their date of hire, name, gender, address, nature of their disability, type of job
done, and nature of facilities supplied. The RPWD Act authorises relevant authorities to
request records/specific information from a business for the purpose of determining their
level of compliance with the law, making record retention a vital necessity. In addition,
refusal to comply with such a demand is a violation of the RPWD Act and may result in
the imposition of fines as per Rule 9 of the RPWD Act.

(4) Accessibility
The RPWD Act requires all companies to meet accessibility standards for the physical
environment, transportation, and ICT. Barrier-free construction with elevators and ramps
for wheelchair users and ensuring all website materials are in ePUB or OCR-based PDF
format. No companies6 is granted permission to build for new construction projects or
certification of completion for structures under construction unless it meets federal
accessibility standards. Existing structures must comply within five years of the RPWD
Rules. (i.e., by June 2022). Even though these compliances are the building
developer/responsibility, owner's businesses purchasing/leasing office space in such
premises should be aware of them.

E. PENALTY FOR NON-COMPLIANCE OF THE ACT

In accordance with Section 89 of the RPWD Act, 2016, a violation of the RPWD Act and
RPWD Rules is punishable by a fine of up to Rs. 10,000 for the first offence and not less than
Rs. 50,000 but up to Rs. 5,00,000 for consecutive offences.

As per Section 90 of the RPWD Act, 2016 when a company commits an offence under the
RPWD Act, any person in control of the company's operations at the time of the offence, as
well as the company, will be regarded guilty of the offence and penalised accordingly.
"Imposed that nothing in this subsection shall render any such person liable to any
punishment provided in this RPWD Act if he establishes that the offence was committed
without his knowledge or that he took all necessary diligence to prevent such conduct."
If the company commits an offence under this RPWD Act with the consent or connivance of
a director, manager, secretary, or other officer of the company, such director, manager,
secretary, or other officer shall also be deemed guilty of that offence and be liable to be
punished.