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Nagrik Adhikar Patra
THE GUJARAT PHYSICALLY HANDICAPPED PERSONS
(EMPLOYMENT IN FACTORIES) Act 1982

Applicability Defination Inspector Penalty Forms

APPLICABILITY

It shall apply in the first instance to-

(i) every existing factory where TWO hundred or more workers are working or were working on any day of the twelve months immediately preceding the commencement of this Act ;

(ii) every new factory where TWO hundred or more workers are working.

DEFINITIONS

In this Act, unless the context otherwise requires,-

"Certifying Surgeon" means a Certifying Surgeons appointed under
section 10 of the Factories Act, 1948;

"existing factory" means a factory existing on the commencement of this Act;

"new factory" means a factory in which the manufacturing process is commenced at any time after the commencement of this Act;

"person registered as physically handicapped" means a physically handicapped person whose name is registered with an employment exchange;

"Physically handicapped person" means a person who, on account of any deficiency, injury, diseases or congenital deformity, is substantially handicapped in obtaining or keeping employment, or in undertaking work on his own account, of a kind which but for such deficiency, injury, disease or deformity would be suited to his age, experience and qualification;

"Prescribed" means prescribed by rule made under this Act;

"employment exchange" shall have meaning assigned to it in the Employment Exchanges (compulsory Notification of Vacancies) Act, 1959;

other words and expressions used but not defined in this Act shall have meanings respectively to them in the Factories Act, 1948.

INSPECTOR

Inspector appointed under section 8 of the Factories Act, 1948;

PENALTY

If any occupier or manager-

(a) fails to employ under section 3 persons registered as physically handicapped ; or
(b) contravenes provisions of section 4 ; or
(c) fails to maintain records required under section 6; or
(d) willfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act or fails to reduce for inspection on demand by an Inspector any record maintained in pursuance of the provisions of this Act or the rules made thereunder or to supply to him on demand true copies of any such records,
He shall be punishable with imprisonment which may extend to six months or with which may extend to one thousand rupees or with both.

Whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 5, a certificate granted to another person under that section or who, having produced such a certificate, knowingly allows it to be used or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.