Section 34 in Jammu and Kashmir Rights of Persons with Disabilities Act, 2018
34. Reservation.
(1)The Government shall appoint in every Government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent for persons with benchmark disabilities under clauses (d) and (e), namely :-(a)blindness and low vision ;(b)deaf and hard of hearing ;(c)locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy ;(d)autism, intellectual disability, specific learning disability and mental illness ;(e)multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities :Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the Government from time to time :Provided further that the Government, in consultation with the State Commissioner may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.(2)Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability :Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the Government.(3)The Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit.
