Background
The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982 was enacted to promote equitable employment opportunities for registered physically handicapped persons in factories within the state. It requires occupiers of new and existing factories to reserve a minimum percentage of vacancies for such workers and ensures they are medically fit through certified assessments. The accompanying Rules outline procedural requirements such as maintaining registers, issuing fitness certificates, and reporting vacancies to employment exchanges. Together, the Act and Rules create a structured framework for monitoring compliance and supporting integration of physically handicapped individuals into industrial workplaces. Overall, the legislation reflects Gujarat’s policy objective of safeguarding dignity, participation, and non-discrimination in factory employment.
Applicability
The act shall apply to the occupier of a factory where five hundred or more workers are working/Notified factories
Compliances Related to the Act in Accordance with the Rules
Every occupier of a new factory to which this Act applies shall give employment to such number of persons registered as physically handicapped, as is not less than one half per cent of the workers to be employed.
Whenever this Act applies to an existing or new factory the occupier thereof shall allocate such number of vacancies for employment of persons registered as physically handicapped as is not less than one half percent of the number of workers so working and thereupon the provisions of sub sections (2) and (3) shall, so far as may be, apply.
In determining the number of vacancies for employment of persons registered as physically handicapped under sub-section (1) or sub-section (5) and the number of persons registered as physically handicapped to be employed under sub-section (4), a fraction equal to or exceeding half shall be counted as one and a fraction less than half shall be ignored.
No physically handicapped person shall be employed under section 3 unless-
(a) he is an adult;
(b) his name is registered at any employment exchange in the State; and
(c) a certificate of fitness granted under section 5 is in the custody of manager of the factory.
A certified surgeon issues a Fitness Certificate in Form I only if they personally know the workplace and the manufacturing process where the registered physically handicapped person will be employed.
A Certifying Surgeon may revoke any certificate granted if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.
Any fee payable for the certificate under this section shall be paid by the occupier and shall not be recovered from the person registered as physically handicapped.
Occupier of every factory must maintain Register of Handicapped workers in Form II showing number of workers employed by him, workers registered as physically handicapped and employed by him, their names, and all prescribed details.
The occupier / manager shall send requisition of vacancies for handicapped persons to the Employment Exchange in Form III
On or before 1st February and 1st August each year occupier/ manager of the factory shall submit to the Inspector of Factories a copy of the register mentioned in Form II as it stood on 1st January and 1st July of the respective year.
Penalty & Punishment
Section 9:
If any occupier or manager fails to employ under section 3 persons registered as physically handicapped, he shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.
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