Karnataka Rights of Persons with Disabilities in Employment and Education Bill, 2025.

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨Ás U À – 4ಎ 24 , 2025 ( , 03, , ೧೯೪7) . 750 Part – IVA BENGALURU, MONDAY 24, NOVEMBER, 2025 (MARGASHIRA , 03, SHAKAVARSHA, 1947) No. 750 GOVERNMENT OF KARNATAKA NO: LD 420 LET 2025 Karnataka Government Secretariat, Vikasa Soudha, Dr. B.R. Ambedkar Veedhi, Bangalore, dated:21/11/2025. NOTIFICATION The draft of the Karnataka Rights of Persons with Disabilities in Employment and Education Bill, 2025 which the Government of Karnataka proposes to make for providing measures to safeguard and advance the rights of persons with disabilities in the fields of employment and education, in consonance with the Rights of Persons with Disabilities Act, 2016 and the United Nations Convention on the Rights of Persons with Disabilities; And whereas the State of Karnataka is committed to fostering an inclusive and accessible society that upholds dignity, autonomy, and equal opportunity for all persons with disabilities; it is published for the information of all the persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of thirty days from the date of its publication in the Official Gazette. Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Principal Secretary to Government, Labour Department, Vikasa Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru. (1)2 Chapter I Preliminary 1. Short title, extent and commencement. (1) This Bill may be called the Karnataka Rights of Persons with Disabilities in Employment and Education Bill, 2025. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and subject to the phased commencement timetable notified under section 34. 2. Definitions. In this Bill, unless the context otherwise requires— a. “age of onset” means the age at which a person first acquires a disability. b. “certificate of disability” means a certificate issued by a Competent Medical Authority certifying the nature and extent of disability in the form prescribed by the State Regulatory Authority. c. “competent authority” means any authority appointed under this Act. d. “competent medical authority” means a medical board or designated medical officer constituted under rules by the State Government and shall include at least one specialist in the relevant field and one rehabilitative professional. e. “disability” shall have the same meaning as assigned in clause (s) of section 2 of the Rights of Persons with Disabilities Act, 2016. f. “discrimination” shall have the same meaning as assigned in clause (h) of section 2 of the Rights of Persons with Disabilities Act, 2016. g. “educational institution” includes any school, college, university, or institution imparting education or skill development at any level; institutions receiving aid from the State Government or local authorities; private unaided institutions, open universities, and distance-learning institutions operating in Karnataka. h. “reasonable accommodation” means necessary and appropriate modification and adjustments, not imposing a disproportionate or undue burden, in procedures, facilities, services, curricula, work environment or equipment that enable a person with disability to enjoy or exercise an equal right in employment or education, and includes but is not limited to assistive devices; physical access modifications; flexible working hours; modified assessment methods; provision of a scribe; sign language interpretation; and digital accessibility measures.3 i. “private establishment” means any establishment, industry, factory, shop, or commercial establishment employing one or more persons, and includes establishments covered under the Karnataka Shops and Commercial Establishments Act, 1961, but excludes independent self-employed persons; applicability to franchised units, contractors or outsourced personnel shall be as prescribed by rules. j. “person with benchmark disability” shall have the same meaning assigned to it in clause (r) of section 2 of the Rights of Persons with Disabilities Act, 2016. k. “reservation” means the percentage of posts or seats set apart exclusively for persons with disabilities under this Act. l. “sanctioned post” means a post duly sanctioned in the cadre strength or approved strength of an employer or institution. m. “vacancy” means a post that is unfilled and for which recruitment has been authorized. n. All other terms used herein but not defined shall have the meanings as assigned under the Rights of Persons with Disabilities Act, 2016.  Certificate validity and review. A certificate of disability shall indicate the category and percentage of disability and shall be valid for the period specified in rules; where the certificate is temporary or requires reassessment, the Competent Medical Authority shall specify the review period and process. Chapter II Rights in Employment 3. Non-discrimination and reasonable accommodation. (1) No employer shall discriminate against a person with disability in recruitment, selection, terms of employment, promotion, training, transfer, retrenchment or any other conditions of service. (2) Employers shall provide reasonable accommodation in accordance with this Act and rules. (3) Where a person with disability requests reasonable accommodation, the employer shall acknowledge the request in writing within seven days and complete an assessment and provide a decision within thirty days. (4) If reasonable accommodation is feasible and not an undue hardship, the employer shall implement it within the period specified in the decision. (5) If the employer refuses on the ground of undue hardship, the employer shall state reasons in writing and offer alternatives; such refusal may be reviewed by the State Regulatory Authority on application by the aggrieved person.4 (6) Any disclosure of information about a person’s disability by an employer shall be only with the informed consent of the person except where necessary for workplace safety or statutory compliance. (7) No promotion shall be denied on the ground of disability. (8) No employee who acquires a disability during service shall be reduced in rank or discharged; such employee shall be shifted to another suitable post with the same pay scale, or placed on a supernumerary post until a suitable post becomes available or until superannuation, subject to the provisions and safeguards in rules including retraining and redeployment support. 4. Reservation in private sector employment:- (1) Every private establishment employing twenty or more persons shall reserve five per cent of all sanctioned posts for persons with disabilities. (2) Reservation shall apply to direct recruitment and to regularized posts created by conversion of long-term contractual positions as prescribed by rules. (3) Distribution: Employers shall ensure reasonable distribution of reserved posts among categories of disability in accordance with a formula notified by the State Regulatory Authority to avoid concentration in a single category. (4) Phasing and compliance: Reservation shall be implemented in phases. Employers shall submit an annual compliance plan to the State Regulatory Authority as prescribed. The State Government shall notify phased timelines under section 34. (5) Carry forward: If eligible candidates are not available in a recruitment cycle, such vacancies shall be carried forward and retained in the employer’s open roster for three consecutive recruitment cycles. After three cycles, the employer may fill the vacancy subject to prior notice to the State Regulatory Authority and justification of efforts to fill the reserved post. (6) Exemption: A post may be exempted from reservation only where the essential functions cannot be performed even after reasonable accommodation; such exemption shall be recorded in writing and is subject to review by the State Regulatory Authority. (7) Transparency: Employers shall publish annually the number of sanctioned posts, the number of persons with disabilities employed, reserved vacancies carried forward, and measures taken to provide reasonable accommodation, in the prescribed form. Chapter III Rights in Education 5. Prohibition of discrimination:- No educational institution shall discriminate against students with disabilities in admission, evaluation, progression, scholarships, awards, or any academic or co-curricular activity.5 6. Reservation in educational institutions:- (1) Every educational institution shall reserve ten per cent of total seats for persons with disabilities in each course or programme unless exempted under law. (2) Institutions shall ensure reasonable accommodation in admission procedures, evaluation, course delivery and examinations; examples include alternative question papers, extended time, scribes, assistive technology and accessible course materials. (3) Unfilled reserved seats shall be carried forward for up to three academic years and reported annually to the State Regulatory Authority. (4) Age and cut-off relaxations: Persons with disabilities shall receive five years of age relaxation for admission and a five per cent relaxation in cut-off marks for general category admissions where applicable. Institutions shall publish objective criteria and process for availing these relaxations. (5) Institutions claiming inability to reserve seats for reasons of institutional autonomy, minority rights or essential requirement of a course must file a written justification with the State Regulatory Authority which may grant conditional exemption after hearing stakeholders. (6) Accessibility and Inclusion Plans: Institutions shall develop and submit an Accessibility and Inclusion Plan within six months of commencement of this Act and shall complete priority accessibility measures within two years and full accessibility within five years in accordance with standards notified by the State Government. 7. Educational loans and financial assistance:- (1) Persons with disabilities shall have the right to access education loans from public and private financial institutions at concessional interest rates as prescribed by rules and subject to measures agreed with financial institutions. (2) Institutions must simplify documentation and designate dedicated facilitation officers for students with disabilities. (3) The State shall monitor compliance and impose penalties for non- adherence as prescribed. 8. Accessibility in educational institutions:- All educational institutions shall— a. ensure physical and digital accessibility of buildings, labs, libraries and online platforms in accordance with prescribed standards; b. provide assistive devices, scribes, and reasonable accommodations as required; and c. ensure teacher training in inclusive pedagogy as specified by rules. Chapter IV Implementation, Regulatory and Enforcement Framework 9. State Advisory Committee:- (1) The State Government shall constitute a State Advisory Committee with representatives from relevant departments,6 industry associations, educational bodies, academia, Disabled Persons Organizations and civil society. (2) The Committee shall meet at least quarterly and advise the Government on implementation, review of rules and prioritization of resources. 10. State Regulatory Authority — constitution, composition and functions:- (1) The State Government shall, by notification, establish a State Regulatory Authority. (2) Composition: The Authority shall consist of a Chairperson and not fewer than six and not more than ten members appointed by the State Government, including representatives of the Departments of Social Welfare and Education; a legal expert; a medical or rehabilitation expert; two representatives of Disabled Persons Organizations; and a member representing employer/industry associations. Members shall serve for three years and be eligible for one reappointment only. (3) Functions: The Authority shall monitor and audit compliance, maintain disaggregated employment and education inclusion data, publish annual reports, issue compliance directions, publish model forms and guidance notes, and levy penalties as prescribed. The Authority shall refer matters of alleged contravention to the State Enforcement Authority. (4) Inspections and audits: The Authority or its authorized officers may conduct inspections and audits in accordance with rules; reasonable notice shall be given except where suspicion of serious non-compliance justifies a surprise inspection authorized by the Chairperson. (5) Transparency: The Authority shall publish anonymized decisions, annual reports and performance indicators on its website and in prescribed formats. 11. District Regulatory Officer:- The Authority may appoint District Regulatory Officers to assist with monitoring, facilitation, inspections and compilation of district-level data. 12. State Enforcement Authority-constitution and functions:- (1) The State Government shall establish a State Enforcement Authority (Enforcement Authority) by notification to adjudicate complaints and enforce compliance under this Act. (2) Composition: The Enforcement Authority shall have a presiding officer with judicial or quasi-judicial experience and not fewer than two other members, including one expert in disability rights, appointed for a term of three years. (3) Powers: The Enforcement Authority shall receive complaints, conduct hearings, issue interim relief including temporary reinstatement or compliance directions, impose penalties, and award compensation as per guidelines notified by the State Government. It shall have powers of a7 civil court under the Code of Civil Procedure, 1908 for summoning witnesses, compelling production of documents and enforcing orders. (4) Procedure and timelines: The Enforcement Authority shall admit or reject complaints within fifteen days; where prima facie relief is warranted it shall issue interim orders within fifteen days; and shall endeavour to dispose of matters ordinarily within ninety days of admission, subject to reasoned extension. 13. Appeal and review:- (1) Appeals from orders of the Enforcement Authority shall lie to an Appellate Authority constituted under this Act within thirty days of the order. (2) The Appellate Authority shall dispose of appeals ordinarily within sixty days. (3) Judicial review before the High Court shall be available in accordance with law. Chapter V Grievance Redressal, Reporting and Data Safeguards 14. Grievance Redressal Officer:- Every private establishment and private educational institution shall appoint a Grievance Redressal Officer and notify the State Regulatory Authority; the officer shall have prescribed minimum qualifications and receive periodic training in handling disability-related complaints. 15. Online complaints and access channels:- Aggrieved persons may file complaints electronically before the Enforcement Authority and the Authority shall provide multiple accessible channels (online, phone, in- person helpdesks and accessible formats). Complaints shall be acknowledged within seven days. 16. Timelines for grievance disposal:- The internal grievance mechanism shall acknowledge within seven days, complete preliminary inquiry within thirty days and resolve matters within ninety days unless exceptional circumstances justify an extension with reasons recorded. 17. Annual returns and transparency:- All establishments and institutions shall submit yearly compliance reports in the prescribed format to the State Regulatory Authority. The Authority shall publish anonymized aggregated data and an annual performance report. 18. Data collection, use and protection:- The Authority shall maintain disaggregated data by disability type, gender, district and sector for monitoring and planning. Data access shall be limited, retained only as necessary, anonymized for public reporting, and handled in accordance with applicable data protection laws and rules made under this Act.8 Chapter VI Penalties, Compensation and Incentives 19. Penalties for contravention:- (1) For the first contravention, the Enforcement Authority may impose a fine up to ₹10,000 and direct remedial action. (2) For subsequent contraventions, the Enforcement Authority may impose a fine proportionate to the size of the establishment and not less than ₹50,000 and not exceeding ₹5,00,000, and may order corrective measures, mandatory training and public disclosure of non-compliance. (3) Alternative corrective orders such as mandatory compliance plans, suspension of benefits and certification revocation may be imposed in addition to fines. 20. Compensation and relief.- The Enforcement Authority may award compensation to affected persons for loss of wages, reinstatement, cost of rehabilitation, and such other relief as per guidelines; calculation principles shall be notified. 21. Offences by establishments or institutions.- Persons in charge shall be deemed guilty of contravention unless they prove due diligence and compliance steps consistent with rules and guidance. 22. Punishment for fraudulent claims.- A person making a fraudulent claim of disability shall be subject to penalties and, where appropriate, prosecution; punishment may include fine up to ₹1,00,000 and imprisonment up to two years, subject to safeguards ensuring that legitimate claimants are not deterred. 23. Failure to furnish information.- Failure or refusal to furnish information to the Authority shall attract a fine up to ₹25,000 and an additional ₹1,000 per day for continued refusal after notice. 24. Alternative punishments and precedence.- Where an act constitutes an offence under this Act and any other law, the higher penalty shall apply; remedies under this Act are without prejudice to other legal remedies. 25. Incentives and recognition.- The State Government may notify incentives for compliant employers and institutions including tax incentives, public procurement preference, certification as “Inclusive Employer/Institution” and recognition awards. Chapter VII Procedural Safeguards, Anti-Retaliation and Review 26. Anti-retaliation and interim relief:- No person shall be victimized for making a complaint under this Act. The Enforcement Authority may grant interim relief including temporary reinstatement, injunctions and interim compliance directions.9  Review and sunset:- The State Government shall cause a statutory review of the operation of this Act three years after commencement and thereafter at intervals prescribed by rules; significant rule changes shall follow public consultation with Disabled Persons Organizations and stakeholders. Chapter VIII Rule making, Forms and Transitional Provisions (MISCELLANEOUS) 28. Power to make rules:- The State Government may make rules to give effect to this Act and shall do so after consultation with the State Regulatory Authority and Disabled Persons Organizations. Draft rules shall be published for public comment for not less than thirty days before notification. 29. Mandatory consultation:- Rules under this Act shall be framed in consultation with Disabled Persons Organizations, employer associations, higher education councils and banks where financial measures apply. 30. Model forms:- The Authority shall publish model forms and templates by notification for certificates of disability, grievance forms, annual returns, accessibility compliance certificates and other administrative requirements. 31. Transitional schedule and phased commencement:- (1)The State Government shall notify a phased commencement timetable within ninety days of enactment which shall include— a. within 180 days: constitution of the State Regulatory Authority and State Enforcement Authority, notification of Competent Medical Authorities, model forms, and guidance on reasonable accommodation; b. within 12 months: employers of 250 or more employees and all higher educational institutions to submit Accessibility and Inclusion Plans and begin compliance reporting; c. within 24 months: employers of 50 or more employees and all educational institutions to implement priority accessibility measures; d. within 36 months: full implementation of reservation obligations across all establishments and institutions subject to exemptions expressly provided in this Act. (2) The State Government may extend or vary timelines for specific sectors where demonstrable hardship exists provided an enforceable compliance plan is submitted and periodically reviewed by the Authority. 32. Protection of action taken in good faith:- No suit or legal proceeding shall lie against any authority or officer for anything done in good faith under this Act. 33. Furnishing information:- No employer or management shall deny information requested by the State Regulatory Authority; refusal to furnish shall be subject to penal provisions under section 23.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 10 34. Power to remove difficulties:- The State Government may issue orders to remove difficulties in giving effect to this Act; such orders shall be limited in time and reported to the Legislature. By order and in the name of Governor of Karnataka, Suma .S Under Secretary to Government, Labour Department. 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