Legal Question in Banking Law in India

hello

this is miss swati from Mumbai

i want to know whether handicapped 95 act is applicable for co-operative bank employee or not

the person was initially inquired under Maharashtra society act & now the employer has appealed in high court so need your guidance for the same


Asked on 9/28/09, 1:46 pm

4 Answers from Attorneys
J. Radhakrishnan independent Practice

It is applicable to all persons under Disability Act. Please consult a good counsel at Mumbai in the matter and proceed.

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Answered on 9/28/09, 10:12 pm
Pawan Jangid

Your question is devoid of relevant details to comprehend the issue. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 applies to employmet under govt establishments. Now the question apears to be whether Co-operative bank comes under the definition of state or not..

If the finance and accounts of concerned co-operative bank is direcly under control of govt, it will be treated as state under Article 12 of constituion of India. There are many co-operative banks that do not fall under the definition of state.

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Answered on 9/29/09, 2:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In a pending case, we may not anticipate the results. You may better engage a lawyer who should conduct your case in accordance with law.

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Answered on 10/01/09, 11:36 pm
Seshadri Srinivasan www.lawconcern.com

I agree with Mr. Pawan Jangid that not all Cooperative banks are Government establishments.

The reservation for handicapped as per Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 will apply only when your cooperative bank is a Government establishment.

As regards Maharastra Society Act implications, consult a local lawyer.

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Answered on 10/15/09, 11:52 pm


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