Exemption under disability law extends to the whole section, including service dispensation, where the statutory scheme supports it.

The proviso to Section 47 of the Persons with Disabilities Act was interpreted as extending the exemption power to the entire section because it refers to "this Section". On that reading, a valid exemption notification for the CRPF could cover dispensation from service and reduction in rank where the statutory scheme and the physically demanding nature of the work justified exclusion. Section 73 was treated as a machinery provision on laying notifications before Parliament, not as a restriction on the substantive scope of Section 47. The relevant notification was applied by reference to the date of dispensing with service, and the challenge based on the second proviso to sub-section (1) was rejected.

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Issues: Whether the proviso to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 applied to the whole section, including dispensation from service and reduction in rank, and whether the exemption notification issued for the CRPF barred the respondent from invoking Section 47.

Analysis: The statutory language of the proviso used the expression "this Section", which indicated that the exemption power extended to the entire Section 47 and not merely to sub-section (2). Section 47 was also read as a whole in the light of its subject matter and marginal note, and the exemption was held to be consistent with the nature of work in the CRPF and similar establishments where physical fitness is integral to service. Section 73 was treated as a machinery provision for laying notifications before Parliament and not as a limiting provision controlling the substantive scope of Section 47. The argument based on the second proviso to sub-section (1) was rejected, as that proviso did not exclude the possibility of dispensation from service where the exempting notification applied. The notification dated 10 September 2002 was held applicable because the relevant date was the date of dispensing with service, not the date on which the disability was incurred.

Conclusion: The exemption covered the entire field of Section 47, including termination from service and reduction in rank, and the respondent could not claim reinstatement under Section 47.

Final Conclusion: The High Court's view was set aside and the employer's action relieving the respondent from service was upheld.

Ratio Decidendi: A proviso that refers to "this Section" extends to the whole section, and a valid exemption notification issued for an establishment may operate against dispensation from service as well as promotion where the statutory scheme and the nature of the work justify such exemption.

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