State Act

2

Section 2. Definitions

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

Act no. 4 of 19931993In forceUttarakhand (State Act)

2- [In this Act- (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; (aa) “cerebral palsy” means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;]1 (b) "dependent" with reference to a freedom fighter means,- (i) son and daughter (married or unmarried), 2{(ii) grandson (son of a son) and grand daughter (daughter of a son) (married and unmarried) and; (iii) Son/daughter of the daughter, of the freedom fighter,} (c) "ex-serviceman" means a person who has served in any rank, as a combatant or non-combatant, 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 been 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 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 detend 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. Explanation – For the purposes of this clause, a person who had sought and had been pardoned shall not be deemed to be a freedom fighter; [(dd) hearing impairment” means loss of sixty decibels or more in the better ear in the conversational range of frequencies; (ddd) “locomotors disability” means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy; (dddd) “low vision” refers to a condition where a person suffers from impairment of visual functioning even after treatment or standard refractive correction but uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device; ]1 [(d-1) ‘group A post or “group B post’ means the post specified as such by the State Government from time to time.]3 [(e) “physically handicapped” means a person who suffers from:- (i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy;.]2 [(f) word and expressions used but not defined in this Act and defined in the Uttar Pradesh public services (Reservation for Scheduled Castes Scheduled Tribes and other backward Classes) Act, 1994 shall have the meaning assigned to them in that Act.]1