Ghana Act or statute

Parliament of Ghana

Persons with Disability Act, 2006 ACT 715 (Revised Edition)

A person with disability has the right to live with their family and take part in social, political, economic, creative, or recreational activities. A person must not subject a person with disabil…

accessibilityadvisersairport operationsannual reportingappointmentsarrestassistive devicesauditbasic educationboard committeesboard compositionboard disclosureboard governanceboard meetingsboard tenurebuilding compliancechild health screeningconfinementconflict of interestcontractscurriculumdefinitionsdelegationdetentiondisabilitydisability accessdisability educationdisability employmentdisability rightsEmployment lawemployment incentivesequipment requirementsevent organisationfacility accessfamily lifefinancial recordkeepingfinancial yeargovernancegovernment operationshealth programmeshealth-care and facilitiesimport duty exemptionjob search listslibrary facilitiesliving conditionsloan capitallocal governmentmanufacturingmedical caremeeting proceduremember allowancesnon-discriminationoffences and penaltiesparking facilitiespassenger servicespassenger transportpenaltiespolicy implementationport managementpropertypublic administrationpublic educationpublic facilitiespublic financepublic health servicespublic outreachpublic programmingquorumrecord keepingredeploymentregulationregulatory coordinationregulatory reportingrehabilitation centresrehabilitation servicesresidenceresignationrevocationroad safetyschool admissionschool enrollmentschool facilitiesservice accessibilitysocial participationsocial servicesspecial educationspecial needs educationspecial schoolsspecialised establishmentsstaffingstatutory bodiestax exemptiontax rebatetools and facilitiestrainingtraining curriculatransfertransport network design and operationtrialvehicle importationvehicle seatingvotingworking tools and materialsworkplace accommodationworkplace accommodations

Jurisdiction: Ghana
Structure: 60 provisions
Citation: Act 715
Dates: Undated source snapshot

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Purpose and legislative effect

“A person with disability has the right to live with their family and take part in social, political, economic, creative, or recreational activities.”

A person with disability has the right to live with their family and take part in social, political, economic, creative, or recreational activities. A person must not subject a person with disability to differential treatment in relation to residence, except where otherwise required by the condition or the need for improvement of the person with disability. If a person with disability must be placed in a specialised establishment, its environment and living conditions should be as close as possible to those of a person without disability of the same age, unless the person’s condition requires otherwise. A person must not discriminate against, exploit, or subject a person with disability to abusive or degrading treatment. Employers must not discriminate against prospective employees or employees on grounds of disability, except where the disability is relevant to the job. If a person with disability is a party in judicial proceedings, the adjudicating body must consider that person’s condition and provide appropriate facilities for effective participation.

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Right to family life and social activities

A person with disability has the right to live with their family and take part in social, political, economic, creative, or recreational activities.

Section 1

Education of a child with disability

A parent, guardian, or custodian of a school-going child with disability must enroll the child in a school.

Section 16

Medical treatment

The Ministry of Health must provide for free medical care and assistive devices for persons with total disability when formulating health policies.

Section 31

Meetings of the Board

Rules for Board meetings, quorum, voting, and the chairperson’s role.

Section 45

Transitional provisions

The owner or occupier of an existing public building must make it accessible to and usable by a person with disability within ten years of the Act’s commencement.

Section 60

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Showing 60 of 60 provisions

Provision 51Offence 7InterpretationCommencement

§ 1Right to family life and social activitiesProvision

A person with disability has the right to live with their family and take part in social, political, economic, creative, or recreational activities.

Section 1—Right to family life and social activities A person with disability shall not be deprived of the right to live with that person's family or the right to participate in social, political, economic, creative or recreational activities.

Section 1Verify source

§ 2Differential treatment in respect of residenceProvision

A person must not subject a person with disability to differential treatment in relation to residence, except where otherwise required by the condition or the need for improvement of the person with disability.

Section 2—Differential treatment in respect of residence Except as otherwise required by the condition or the need for improvement of a person with disability, a person shall not subject a person with disability to differential treatment in respect of residence.

Section 2Verify source

§ 3Living conditions in specialised establishmentsProvision

If a person with disability must be placed in a specialised establishment, its environment and living conditions should be as close as possible to those of a person without disability of the same age, unless the person’s condition requires otherwise.

Section 3—Living conditions in specialized establishments Where a person with disability has to be put in a specialised establishment, the environment and living conditions of the establishment shall, except as otherwise required by the condition of the person with disability, be as close as possible to those of a person without disability of the same age as the person with disability.

Section 3Verify source

§ 4Exploitation of and discrimination against a person with disabilityProvision

A person must not discriminate against, exploit, or subject a person with disability to abusive or degrading treatment. Employers must not discriminate against prospective employees or employees on grounds of disability, except where the disability is relevant to the job.

Section 4—Exploitation of and discrimination against a person with disability (1) A person shall not discriminate against, exploit or subject a person with disability to abusive or degrading treatment. (2) An employer shall not discriminate against a prospective employee or an employee on grounds of disability unless the disability is in respect of the relevant employment. 5

Section 4Verify source

§ 5Party to judicial proceedingsProvision

If a person with disability is a party in judicial proceedings, the adjudicating body must consider that person’s condition and provide appropriate facilities for effective participation.

Section 5—Party to Judicial proceedings Where a person with disability is a party in judicial proceedings, the adjudicating body shall take into account the condition of the person with disability and provide appropriate facilities that enable the person with disability to participate effectively in the proceedings.

Section 5Verify source

§ 6Access to public placesProvision

The owner or occupier of a place open to the public must provide appropriate facilities so the place is accessible to and usable by a person with disability.

Section 6—Access to public places The owner or occupier of a place to which the public has access shall provide appropriate facilities that make the place accessible to and available for use by a person with disability.

Section 6Verify source

§ 7Access to public servicesProvision

Providers of public services must put in place the facilities needed to make the service available and accessible to persons with disability.

Section 7—Access to public services A person who provides any service to the public shall put in place the necessary facilities that make the service available and accessible to a person with disability.

Section 7Verify source

§ 8Penalty for contravention Employment of persons with disabilityOffence

A person who contravenes sections 1, 2, 4, 6, or 7 commits an offence and may be fined, imprisoned for up to three months, or both.

Section 8—Penalty for contravention A person who contravenes section 1, 2, 4, 6 or 7 commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months or to both. Employment of persons with disability

Section 8Verify source

§ 9Public employment centresProvision

The Ministry must use public employment centres to help secure jobs for persons with disability.

Section 9—Public employment centres The Ministry shall through the public employment centres, assist to secure jobs for persons with disability.

Section 9Verify source

§ 10Promotion of employment of persons with disabilityProvision

The Government must give tax rebates and special incentives linked to employing persons with disability and to persons with disability in business.

Section 10—Promotion of employment of persons with disability (1) The Government shall grant a person who employs a person with disability an annual tax rebate of the taxable income in respect of each person with disability employed as shall be prescribed in Regulations made under this Act. (2) The Government shall grant special incentives to persons with disability engaged in business and also to business organisations that employ persons with disability.

Section 10Verify source

§ 11Provision of toolsProvision

An employer of a person with disability must provide the working tools and facilities needed for that person to do the job efficiently.

Section 11—Provision of tools A person who employs a person with disability shall provide (a) the relevant working tools, and (b) appropriate facilities required by the person with disability for the efficient performance of the functions required by the employment.

Section 11Verify source

§ 12Posting, transfer and redeployment of person with disabilityProvision

An employer must not post or transfer a person with disability to an unsuitable part of the establishment, and must counsel, retrain, and redeploy a worker who becomes disabled because of the employment.

Section 12—Posting, transfer and redeployment of person with disability (1) An employer shall not post or transfer a person with disability to a section or place of the establishment not suited for the person. (2) Where a person in employment suffers a disability as a result of the employment, the employer shall counsel, re-train and re-deploy the person to another section more suited to the 6 person with disability and this shall be in addition to any other relief which the employee is entitled to under the Workmen's Compensation Law, 1987 (PNDCL 187).

Section 12Verify source

§ 13Appropriate training for the unemployed person with disabilityOffence

If a person with disability stays on the job search list for more than two years, the Ministry must remove the name and, where applicable, provide training, tools and materials, and help access loan capital. Selling or buying the supplied tools or materials is an offence.

Section 13—Appropriate training for the unemployed person with disability (1) Where the name of a person with disability remains on a job search list for more than two years, the Ministry shall take the name of that person off the list, and where applicable (a) give that person appropriate training, (b) provide that person with the necessary working tools and materials, and (c) assist that person to access loan capital for that person to start a business. (2) A person with disability who sells the tools or materials received under subsection (1) and a person who buys the tools or materials given to a person with disability under subsection (1) commits an offence and each person is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding one year or to both.

Section 13Verify source

§ 14Rehabilitation CentresProvision

The Ministry must progressively establish rehabilitation centres in regions and districts for persons with disability. Each rehabilitation centre must provide guidance, counselling, and appropriate training for persons with disability who are unable to enter mainstream social life.

Section 14—Rehabilitation centres (1) The Ministry shall progressively establish rehabilitation centres in regions and in districts for persons with disability. (2) A rehabilitation centre shall offer guidance, counselling and appropriate training for persons with disability who are unable to enter into the mainstream of social life. (3) A rehabilitation centre shall be provided with the staff and other facilities that are necessary for the performance of its functions.

Section 14Verify source

§ 15Community based rehabilitation Education of persons with disabilityProvision

The Ministry must, as far as practicable, ensure persons with disability are rehabilitated in their communities.

Section 15—Community based rehabilitation The Ministry shall ensure that as far as practicable persons with disability, shall be rehabilitated in their communities, to foster their integration. Education of persons with disability

Section 15Verify source

§ 16Education of a child with disabilityOffence

A parent, guardian, or custodian of a school-going child with disability must enroll the child in a school.

Section 16—Education of a child with disability (1) A parent, guardian or custodian of a child with disability of school going age shall enroll the child in a school. (2) A parent, guardian or custodian who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding ten penalty units, or to a term of imprisonment not exceeding fourteen days.

Section 16Verify source

§ 17Facilities and equipment in educational institutionsProvision

The Minister of Education must designate schools or institutions in each region by Legislative Instrument, and those schools or institutions must provide the facilities and equipment needed for persons with disability to benefit fully.

Section 17—Facilities and equipment in educational institutions The Minister of Education shall by Legislative Instrument designate schools or institutions in each region which shall provide the necessary facilities and equipment that will enable persons with disability to fully benefit from the school or institution.

Section 17Verify source

§ 18Free education and special schoolsProvision

The Government must provide free education for persons with disability and establish special schools for those who cannot be enrolled in formal schools because of their disability.

Section 18—Free education and special schools The Government shall 7 (a) provide free education for a person with disability, and (b) establish special schools for persons with disability who by reason of their disability cannot be enrolled in formal schools.

Section 18Verify source

§ 19Appropriate training for basic school graduatesProvision

If a person with disability has finished basic education but cannot continue formal education, the Ministry must provide appropriate training.

Section 19—Appropriate training for basic school graduates Where a person with disability has completed basic education but is unable to pursue further formal education, the Ministry shall provide the person with appropriate training.

Section 19Verify source

§ 20Refusal of admission on account of disabilityOffence

Admission for a person with disability must not be refused because of the disability, unless the person has been assessed as needing a special school.

Section 20—Refusal of admission on account of disability (1) A person responsible for admission into a school or other institution of learning shall not refuse to give admission to a person with disability on account of the disability unless the person with disability has been assessed by the Ministry responsible for Education in collaboration with the Ministries responsible for Health and Social Welfare to be a person who clearly requires to be in a special school for children or persons with disability. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or imprisonment for a term not exceeding three months or to both.

Section 20Verify source

§ 21Special education in Technical, Vocational and Teacher Training InstitutionsProvision

The Minister of Education must designate certain public technical, vocational and teacher training institutions in each region, and those institutions must include special education in their curricula.

Section 21—Special education in technical, vocational and teacher training institutions The Minister of Education shall by Legislative Instrument designate in each region public technical, vocational and teacher training institutions which shall include in their curricula special education, such as (a) sign language, and (b) braille writing and reading.

Section 21Verify source

§ 22Library facilities TransportationProvision

Public libraries must, as far as practicable, be fitted with facilities that let a person with disability use the library.

Section 22—Library facilities A public library shall as far as practicable be fitted with facilities that will enable a person with disability to use the library. Transportation

Section 22Verify source

§ 23Integration of needs of persons with disability 2Provision

The transport ministries must take the needs of persons with disability into account when designing, constructing, and operating the transportation network.

Section 23—Integration of needs of persons with disability The Ministries responsible for rail, air and road transport and where appropriate the Ministry of Local Government shall ensure that the needs of persons with disability are taken into account in the design, construction and operation of the transportation network.

Section 23Verify source

§ 24Importation of non-conventional vehiclesOffence

Some people may import vehicles adapted for persons with disability, but others need the Minister’s express approval; qualifying vehicles can also be exempt from import duty and related taxes, and they must not be re-exported.

Section 24—Importation of non-conventional vehicles (1) A person with disability may import a vehicle adapted or modified for use by persons with disability. (2) A person without disability shall not import a vehicle adapted or modified for use by persons with disability except with the express approval of the Minister. 8 (3) A vehicle imported under subsection (1) shall upon the recommendations of the Minister and with the approval of the Minister for Finance be exempt from the payment of import duty and any other tax relating to the importation. (4) A vehicle imported under subsection (1) shall not be re-exported. (5) A person who contravenes subsection (4) commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both.

Section 24Verify source

§ 25A person with disability as pedestrianProvision

Motorists must stop for a person with disability who indicates they want to cross the road at a pedestrian crossing or designated crossing point.

Section 25—A person with disability as pedestrian A motorist shall stop for a person with disability who shows an intention to cross the road either at a pedestrian crossing or at an appropriately designated point for crossing by persons with disability.

Section 25Verify source

§ 26Parking places for persons with disabilityProvision

District Assemblies, parking lot operators, and public parking places must provide clearly marked parking space reserved for persons with disability.

Section 26—Parking places for persons with disability (1) A District Assembly or an operator of a parking lot shall demarcate a special parking place which shall be reserved for the exclusive use of persons with disability. (2) Without limiting subsection (1), each public place for parking vehicles shall have a clearly demarcated area for the exclusive use of persons with disability.

Section 26Verify source

§ 27Ownership of driving licenceProvision

A person with a hearing disability may own a driving licence if they pass a driving test and meet conditions set by the Driver and Vehicle Licensing Authority.

Section 27—Ownership of driving licence A person with a hearing disability may own a driving licence upon passing a driving test and satisfying conditions prescribed by the Driver and Vehicle Licensing Authority.

Section 27Verify source

§ 28Facilities at port terminalsProvision

Port authorities must provide accessibility facilities for persons with disability, and airlines must set up a special check-in desk before flights.

Section 28—Facilities at port terminals (1) The Civil Aviation Authority and any other authority responsible for the management of a port shall provide facilities that will aid the movement of a person with disability at the port. (2) An airline operating from an airport in the country shall before a flight, set up a special desk to check-in persons with disability.

Section 28Verify source

§ 29Reserve seats on vehiclesProvision

A person responsible for booking passengers on a commercial bus must reserve at least two seats for persons with disability.

Section 29—Reserve seats on vehicles A person responsible for the booking of passengers on a commercial bus shall reserve at least two seats for persons with disability except that where the bus is full without the reserved seats having been occupied, the driver or the person responsible for putting passengers on the bus may, fill the reserved seats with other passengers.

Section 29Verify source

§ 30Contravention of sections 25 and 29 Health-care and facilitiesOffence

A person who breaches sections 25 or 29 commits an offence and may be fined up to fifty penalty units, jailed for up to three months, or both.

Section 30—Contravention of sections 25 and 29 A person who contravenes sections 25 and 29 commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months or to both. Health-care and facilities

Section 30Verify source

§ 31Medical treatmentProvision

The Ministry of Health must provide for free medical care and assistive devices for persons with total disability when formulating health policies.

Section 31—Medical treatment 9 The Ministry of Health in formulating health policies shall provide for free general and specialist medical care, rehabilitative operation treatment and appropriate assistive devices for persons with total disability.

Section 31Verify source

§ 32Training of health professionalsProvision

The Ministry of Health must include disability-related study in health professional training curricula.

Section 32—Training of health professionals The Ministry of Health shall include the study of disability and disability related issues in the curricula of training institutions for health professionals to develop appropriate human resources to provide general and specialised rehabilitation services.

Section 32Verify source

§ 33Health programmesProvision

The Ministry of Health must include education on disability and disability issues in health care programmes.

Section 33—Health programmes The Ministry of Health shall include education on disability and disability issues in health care programmes.

Section 33Verify source

§ 34Periodic screening of childrenProvision

The Ministry of Health, working with the ministries responsible for Education and Social Welfare, must provide for periodic screening of children.

Section 34—Periodic screening of children The Ministry of Health in collaboration with the Ministries responsible for Education and Social Welfare shall provide for the periodic screening of children in order to detect, prevent and manage disability.

Section 34Verify source

§ 35Establishment of assessment centres Miscellaneous provisionsProvision

The Ministry of Health, working with District Assemblies and the Ministry responsible for Social Welfare, must set up and run health assessment and resource centres in each district and provide early diagnostic medical attention to mothers and infants.

Section 35—Establishment of assessment centres The Ministry of Health in collaboration with District Assemblies and the Ministry responsible for Social Welfare shall establish and operate health assessment and resource centres in each district and provide early diagnostic medical attention to mothers and infants to determine the existence or onset of disability. Miscellaneous provisions

Section 35Verify source

§ 36Incentive for manufacturers of technical aids and appliancesProvision

Manufacturers in the country of technical aids or appliances for persons with disability are to be given a tax exemption, to be set by the Minister in regulations.

Section 36—Incentive for manufacturers of technical aids and appliances A person who manufactures technical aids or appliances in the country for the use of persons with disability shall be given tax exemption that the Minister in consultation with the Minister for Finance may determine in Regulations.

Section 36Verify source

§ 37Derogatory namesOffence

A person must not call a person with disability derogatory names because of the disability.

Section 37—Derogatory names (1) A person shall not call a person with disability derogatory names because of the disability of the person. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months or to both.

Section 37Verify source

§ 38Access to sporting events, festivals and cultural activitiesProvision

The Ministry responsible for Education and Sports, District Assemblies, and the National Commission for Culture should, as far as practicable, help persons with disability access sports and cultural events.

Section 38—Access to sporting events, festivals and cultural activities The Ministry responsible for Education and Sports, the District Assemblies and the National Commission for Culture shall as far as practicable ensure, through the provision of adequate facilities, programmes and incentives, that persons with disability have access to sports and cultural events.

Section 38Verify source

§ 39Participation in national activitiesProvision

Anyone organising a national, regional, or district activity must, as far as practicable, make facilities available so persons with disability can participate.

Section 39—Participation in national activities 10 A person or institution which organises a national, regional or district activity, shall as far as practicable ensure that facilities are made available for the participation in the activity by persons with disability.

Section 39Verify source

§ 40Law enforcement and persons with disability Establishment and functions of National Council on Persons with DisabilityProvision

Law enforcement agencies must consider a person's disability when the person is arrested, detained, tried, or confined, and training institutions for law enforcement personnel must include disability and disability-related issues in their curricula.

Section 40—Law enforcement and persons with disability (1) Law enforcement agencies shall take into consideration the disability of a person on arrest, detention, trial or confinement of the person and provide for that person accordingly. (2) Institutions for the training of law enforcement personnel, shall have as part of their curricula, the study of disability and disability related issues. Establishment and functions of National Council on Persons with Disability

Section 40Verify source

§ 41Establishment of National Council on Persons with DisabilityProvision

This section establishes the National Council on Persons with Disability and gives it corporate powers.

Section 41—Establishment of National Council on Persons with Disability (1) There is established by this Act a body to be known as the National Council on Persons with Disability. (2) The Council is a body corporate with perpetual succession, and a common seal and may sue or be sued in its corporate name. (3) The Council may for the performance of its functions acquire and hold movable or immovable property and may enter into a contract or any other transaction. (4) Where there is hindrance to the acquisition of the property, the property may be acquired for the Council under the State Property and Contracts Act 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Council.

Section 41Verify source

§ 42Object and functions of the CouncilProvision

The Council must carry out a set of disability-related functions to support policy, coordination, research, public education, registration, and advocacy.

Section 42—Object and functions of the Council (1) The object of the Council is to propose and evolve policies and strategies to enable persons with disability enter and participate in the mainstream of the national development process. (2) To achieve the object, the Council shall (a) monitor and evaluate disability policies and programmes, (b) formulate strategies for broad-based inter-sectoral, interdisciplinary involvement and participation in the implementation of the national disability policy, (c) produce an organisational manual on the operations of the Council and its secretariat, (d) coordinate disability activities; (e) advise the Ministry on disability issues and submit to the Minister proposals for appropriate legislation on disability, (f) mobilise resources for the attainment of its object, (g) co-ordinate activities of organisations of persons with disability, and international organisations and non-governmental organisations that deal with disability, (h) promote studies and research on issues of disability and provide education and information to the public on issues of disability, 11 (i) maintain a register of, (i) persons with disability, and (ii) institutions, organisations and associations which provide rehabilitation, services or support for persons with disability, (j) play an advocacy role on disability issues at all levels; and (k) perform other functions that are necessary for the attainment of its object.

Section 42Verify source

§ 43Governing body of the CouncilProvision

The Council has a Board made up of specified members, and the President appoints the chairperson and other members.

Section 43—Governing body of the Council (1) For the performance of the functions of the Council there shall be a Board consisting of (a) the chairperson, (b) one representative not below the rank of deputy director, of the Ministry of Health, (c) one representative not below the rank of deputy director, of the Department of Social Welfare, (d) one representative not below the rank of deputy director, of the Ministry of Local Government and Rural Development, (e) one representative of employers' associations, (f) one representative not below the rank of a deputy director of the Ministry of Education, (g) one representative not below the rank of deputy director of the Ministry of Manpower, Youth and Employment, (h) three representatives of organisations of persons with disabilities one of whom is a woman, nominated on rotational basis by the organisations, (i) one representative not below the rank of a deputy director from the Ministry responsible for Women and Children's Affairs, and (j) two other persons, one of whom is a woman, (2) The chairperson and other members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.

Section 43Verify source

§ 44Tenure of office of membersProvision

Board members serve for three years, may be reappointed, and cannot serve more than two consecutive terms.

Section 44—Tenure of office of members (1) A member of the Board shall hold office for a period of three years and is eligible for re- appointment but a member shall not hold office for more than two terms in succession. (2) Where a member resigns, dies, is removed from Office or is for a sufficient reason unable to act as a member, the Minister shall notify the President of the vacancy and the President shall acting on the advice of the nominating authority and in consultation with the Council of State appoint another person to hold office for the unexpired portion of the member’s term of office. (3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister. 12 (4) A member of the Board who is absent from three consecutive meetings of the Board without sufficient reason ceases to be a member of the Council. (5) The President may by letter addressed to a member revoke the appointment of that member.

Section 44Verify source

§ 45Meetings of the BoardProvision

Rules for Board meetings, quorum, voting, and the chairperson’s role.

Section 45—Meetings of the Board (1) The Board shall meet at least once every three months for the dispatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of at least one-third of the members of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is nine members of the Board or a greater number determined by the Board in respect of an important matter. (4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside. (5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt any person to act as an adviser at its meetings but a co-opted member shall not vote on any matter for decision by the Board. (7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member. (8) Subject to this section, the Board shall determine and regulate the procedure for its meetings.

Section 45Verify source

§ 46Disclosure of interest by a Board memberProvision

A Board member with an interest in a matter must disclose it in writing to the Board and must not take part in the Board’s deliberations on that matter.

Section 46—Disclosure of interest by a Board member (1) A member of the Board who has an interest in a matter under consideration by the Board shall disclose in writing the nature of that interest to the Board and is disqualified from participating in the deliberations of the Board in respect of that matter. (2) A member who fails to disclose an interest under subsection (1) ceases to be a member.

Section 46Verify source

§ 47Appointment of CommitteesProvision

The Board may appoint committees to help perform the Council’s functions; if a committee is made up entirely of non-members, it may only advise.

Section 47—Appointment of Committees (1) The Board may for the performance of the functions of the Council appoint committees of the Board comprising members of the Board or non-members or both. (2) A committee comprising entirely of non-members shall only be advisory.

Section 47Verify source

§ 48Allowances of membersProvision

Board members and committee members are to be paid allowances, and the Minister may determine the amount in consultation with the Minister for Finance.

Section 48—Allowances of members Members of the Board and members of a Committee of the Board shall be paid allowances that the Minister in consultation with the Minister for Finance may determine.

Section 48Verify source

§ 49Regional and district officesProvision

The Board may create regional and district offices, the President appoints their public officers, and those offices carry out the Council’s functions locally.

Section 49—Regional and district offices of the Council (1) The Board may establish regional and district offices of the Council in each regional capital and in the districts. 13 (2) A regional or district office of the Council shall be provided with public officers that the President shall appoint in accordance with article 195 of the Constitution. (3) A regional or district office of the Council shall perform the functions of the Council in the region or district.

Section 49Verify source

§ 50Register 3 Administrative and financial provisionsProvision

The Board must keep a register of persons with disability and of institutions, organisations, and associations that provide rehabilitation, services, or support for them.

Section 50—Register The Board shall maintain a register in which shall be recorded (a) the names, addresses and other personal particulars of persons with disability, and (b) names, address of offices and other particulars of institutions, organisations and associations which provide rehabilitation, services or support for persons with disability. Administrative and financial provisions

Section 50Verify source

§ 51Executive SecretaryProvision

The President must appoint an Executive Secretary for the Council, and the Executive Secretary must hold office on the terms in the appointment letter.

Section 51—Executive Secretary (1) The President shall in accordance with article 195 of the Constitution appoint an Executive Secretary for the Council. (2) The Executive Secretary shall hold office on the terms and conditions specified in the letter of appointment.

Section 51Verify source

§ 52Functions of the Executive SecretaryProvision

The Executive Secretary must run the Council’s day-to-day administration, keep the section 50 register, and do any other functions set by the Board. The Executive Secretary may delegate functions to a Council officer but remains ultimately responsible.

Section 52—Functions of the Executive Secretary (1) The Executive Secretary is responsible for the day-to-day administration of the Council and is answerable to the Board in the performance of functions under this Act . (2) The Executive Secretary shall maintain the register referred to in section 50. (3) The Executive Secretary shall perform any other functions determined by the Board. (4) The Executive Secretary may delegate a function to an officer of the Council but shall not be relieved from the ultimate responsibility for the performance of the delegated function.

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§ 53Appointment of other staffProvision

The Council must have enough staff, the President must appoint the Council’s other staff, public officers may be transferred or seconded to assist the Council, and the Council may hire advisers on the Board’s recommendation.

Section 53—Appointment of other staff (1) The Council shall have other officers and staff as may be necessary for the effective performance of its functions. (2) The President shall in accordance with article 195 of the Constitution appoint other staff of the Council. (3) Other public officers may be transferred or seconded to the Council or may otherwise give assistance to it. (4) The Council may engage the services of advisers on the recommendations of the Board.

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§ 54Delegation of power of appointmentProvision

The President may delegate the power to appoint public officers under this Act, if this is done in line with article 195(2) of the Constitution.

Section 54—Delegation of power of appointment The President may in accordance with article 195(2) of the Constitution delegate the power of appointment of public officers under this Act.

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§ 55Funds of the CouncilProvision

The Council’s funds consist of money from Parliament, donations, grants, gifts, and other money approved by the Minister responsible for Finance with Parliament’s approval.

Section 55—Funds of the Council 14 The funds of the Council include (a) moneys provided by Parliament, (b) donations, grants and gifts, and (c) any other moneys that are approved by the Minister responsible for Finance, with the approval of Parliament.

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§ 56Accounts and auditProvision

The Board must keep proper accounting records and submit the Council’s accounts for audit; the Auditor-General must audit them and send the report to the Minister.

Section 56—Accounts and audit (1) The Board shall keep books of account and proper records in relation to them in a form approved by the Auditor-General. (2) The Board shall submit the accounts of the Council to the Auditor-General for audit within three months after the end of each financial year. (3) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts of the Council and forward a copy of the audit report to the Minister. (4) The Internal Audit Agency Act, 2003 (Act 658) shall apply to this Act. (5) The financial year of the Council is the same as the financial year of the Government.

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§ 57Annual report and other reportsProvision

The Board must send an annual report to the Minister within one month after receiving the audit report, and the Minister must send that report to Parliament within one month after receiving it.

Section 57—Annual report and other reports (1) The Board shall within one month after the receipt of the audit report submit an annual report to the Minister covering the activities and the operations of the Council for the year to which the report relates, (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within one month after the receipt of the annual report Submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other reports which the Minister may require in writing.

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§ 58RegulationsProvision

The Minister may make Regulations, after advice from the Board and by legislative instrument, setting minimum facilities standards for public bodies or institutions and supporting implementation of the Act.

Section 58—Regulations The Minister may, on the advice of the Board, by legislative instrument, make Regulations providing (a) for minimum standard of facilities to be provided and maintained by public bodies or institutions so as to make those bodies or institutions and services provided by those bodies or institutions available to persons with disability, and (b) generally for the effective implementation of the objects of this Act.

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§ 59InterpretationInterpretation

This section defines key terms used in the Act.

Section 59—Interpretation In this Act, unless the context otherwise requires "Council" means the National Council on Persons with Disability established under section 41; ''District Assembly" includes Municipal and Metropolitan Assembly; 15 "Minister" means the Minister responsible for Social Welfare; ''Ministry'' means the Ministry responsible for Social Welfare; ''person with disability" means an individual with a physical, mental or sensory impairment including a visual, hearing or speech functional disability which gives rise to physical, cultural or social barriers that substantially limits one or more of the major life activities of that individual; ''port'' includes airport, seaport, railway station and lake transport terminal; and "transportation network" includes facilities used for the transport of passengers.

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§ 60Transitional provisionsCommencement

The owner or occupier of an existing public building must make it accessible to and usable by a person with disability within ten years of the Act’s commencement.

Section 60—Transitional provisions The owner or occupier of an existing building to which the public has access shall within ten years of the commencement of this Act make that building accessible to and available for use by a person with disability. Date of Gazette Notification: 11th August, 2006.

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Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Constitution delegate the power of appointment of public officers under this Act
Section 54
Council and forward a copy of the audit report to the Minister. (4) The Internal Audit Agency Act, 2003
Section 56
Council and is answerable to the Board in the performance of functions under this Act
Section 52

N–S

1 instrument

National Council on Persons with Disability (1) There is established by this Act
Section 41

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