Section 2 in Jammu and Kashmir Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998
2. Definitions.
- In this Act, unless the context otherwise requires:(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;(b)"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 prenatal, prenatal or infant period of development;(c)"Competent Authority" means the authority appointed under section 39;(d)"Disability" means:-(i)blindness;(ii)low vision;(iii)leprosy cured;(iv)hearing impairment;(v)locomotor disability;(vi)mental retardation;(vii)mental illness;(e)"Employer" means;(i)in relation to a Government the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and(ii)In relation to an establishment, the Chief Executive Officer of that establishment;(f)"Establishment" means a Corporation established by or under a Central or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government Company as defined in Section 17 of the Companies Act, 1956 and includes departments of a Government;(g)"Hearing impairment" means loss of sixty decibels or more in the better ear in the conversational range of frequencies;(h)"Institution for persons with disabilities" means an institution for the reception, care, protection education, training rehabilitation or any other service of persons with disabilities;(i)"Leprosy cured ,persons" means any person who has been cured of leprosy butts suffering from:-(i)Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eyelid but with the manifest deformity;(ii)manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;(iii)extreme physical deformity as well as advanced age which prevents him from undertaking any gainful occupation; and the expression "Leprosy cured" shall be construed accordingly;(j)"Locomotor disability" means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any firm of cerebral palsy;(k)"medical authority" means any hospital or institution specified for the purpose of this Act by notification by the State Government;(l)"mental illness" means any mental disorder other than mental retardation;(m)"mental retardation" means a condition' of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence;(n)"notification" means a notification published in the official gazette;(o)"person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;(p)"person with disability" means a person suffering from not less than forty per cent of any disability as certified by a medical authority;(q)"prescribed" means prescribed by rules made under this Act;(r)"rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal sensory, intellectual, psychiatric or social or functional levels;(s)"special employment exchange" means any office or place established and maintained by the Government for the collection and furnishing of information either by keeping of registers or otherwise, respecting:-(i)persons who seek to engage employees from amongst the persons suffering from disabilities;(ii)persons with disability who seek employment;(iii)vacancies to which person with disability seeking employment may be appointed;(t)"State Co-ordination Committee" means the State Co-ordination Committee constituted under sub-section (1) of section 3;(u)"State Executive Committee" means the State Executive Committee constituted under sub-section (1) of section 9;(v)"Enforcement Board" means a Board constituted by the competent authority for the persons with disabilities.
