THE UTTAR PRADESH PUBLIC SERVICES (RESERVATION FOR PHYSICALLY HANDICAPPED, DEPENDENTS OF FREEDOM FIGHTERS AND EX-SERVICEMEN) ACT, 1993

Section-1. Short title and Commencement (1) This Act may be called the Uttar Pradesh Public Services (Reservation for Physically Handicapped. Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993. (2) It shall ho deemed to have conic into force on December 11, 1193.

Section-2. Definitions [1(a) blindness refers to a condition where a person suffers from any of the following conditions, namely : ( i ) total a absence of sight; or (ii) visual acuity not exceeding 6/60 or 20/200 (sneilent) in the better eye with correcting lenses; or (iii) limitation of the field of vision subtending an angle of 20 degree or worse;br (aa) 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 pre-natal, pen-natal or infant period of development ; ] (b) dependent with reference to a freedom fighter means, (i) son and daughter (married or unmarried). [2(ii) grand son (son of a son or daughter) and grand daughter (daughter of a son or daughter) (married or unmarried).] (c) ex-serviceman means a person who has served in any rank, as a combatant Or noncombatant, in the Indian Army, Navy or Airforce, and-- (i) has retired from such service after earning his pension, or (ii) has been released from such service on medical grounds, in accordance with the requirements of such service, or because of circumstances beyond his control and has been granted medical or disability pension, or (iii) has been released, otherwise than on his own request, as a consequence of reduction in the establishment of such service, or (iv) has her n released from such service after a fixed specific period, but has not been released on his own request or has not been dismissed or discharged on account of misconduct or inefficiency and has been granted gratuity; and includes the following categories of territorial Army person' who (i) get pension for continuous embodied service, (ii) have become medically unfit owing to military service, and (iii) are winners of 'gallantry award. (d) freedom fighter means a person domiciled in Uttar. Pradesh who had participated in the freedom struggle of India and had (i) laid down his life; or (ii) undergone sentence of imprisonment for a period of at least two months; or (iii) been detained in prison as an undertrial or a detained for a period of at least three months ; or (iv) been sentenced with at least ten canes ;or (v) been .declared as an absconder ; or (vi) sustained bullet injuries ; or (vii) participated in 'Peshawar Kand'; or (viii) been a member of Indian National 'Army, or (ix) been a certified member .of India Independence League ;or (x) been released under the Gandhi Irwin Pact'.

Section-3. Reservation of vacancies in favour of physically handicapped etc (1) There shall be reserved at the stage of direct recruitment, [1(1)in public services and posts two percent of vacancies for dependents of freedom5 fighters.]5 [(i-a) in public services and posts other than group 'A' posts, on and from the date on which the Utter Pradesh Public Services (Reservation for Physically Handicapped Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) ACT. 2021. is published in the Gazette five percent of vacancies, for EX-servicemen; ]5 [2(ii) In such public services and posts as the State Government may, by notification, identify not less than four percent, 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 percent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one percent for persons with benchmark disabilities under clauses (d) and (e), namely: (a) blindness and low vision; (b) deal 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 (a) including deaf-blindness in the posts identified for each disabilities.] (2) 1 [XXXX] /(3) The parsons selected against the vacancies reserved under sub-section (I) shall be placed in the appropriate categories to which they belong. For example, if a selected person belongs to Scheduled Costae category he will be placed in that quota by making necessary adjustments; if be belongs to Scheduled Tribes category, he will be placed in that quota by making necessary adjustments; if he belongs to 2 [3Other backward classes of citizens,] he will be placed in that quota by making necessary adjustments. Similarly if he belongs to open competition category, he will be placed in that category by making necessary adjustments. (4)4[XXXX ] (5)5[XXXX]

Section-4. Removal of difficulties (1)If any difficulty arises in giving offect to provisions of this Act, the State Government may, by a notified order, make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty. (2) 5 XXXX (3)Every order made under sub-section (1) shall Isis laid, as soon as may be, before both the Houses of State Legislature and the. provisions of sub-section (1) of section 23,A of the Uttar Pradesh General Clauses Act, 1904 tall apply as they apply in respect of rules made byte State Government under any Uttar Pradesh Act.

Section-5. Savings [(1) The Provisions of this Act as amended by the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents. of Freedom Fighters and Ex- Servicemen) (Amendment) Act. 1997 shall not apply to cases in which selection process has been initiated before the commencement of the said Act of 1997 and such cases shall be dealt with in accordance with the provisions of this Act as they stood before such commencement. (1-A) The Provisions of this Act as amended by the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents. of Freedom Fighters and ExServicemen) (Amendment) Act. 1999 shall not apply to cases in which selection process has been initiated before the commencement of the said Act of 1999 and such cases shall be dealt with in accordance with the provisions of this Act as they stood before such commencement . Explanation—For the purposes of sub-section (1) and (1-A) the selection process shall be deemed to have been initiated where, under the relevant service rules, recruit is to made on the basis of,- (i) written test or interview only, the written test or the interview, as the case may be, has started; or (ii) Both written test and interview, the written test has started.]

Section-6. Repeal and savings (1) The Uttar Pradesh Public Services (Reservation for Physically Handicapped etc.) Ordinance, 1993 is hereby repealed. (2) Not with standing such repeal, anything done Or any action taken under the provisions of the Ordinance referred to in sub-section (I) shall deemed to have been done or taken under the corresponding provisions of. this Act as if the provisions of this Act wee in in force at all material times.