The Persons with Disabilities Act, 2010

This text is the opening section and lists the Act’s headings, including short title, application, interpretation, and later parts on disability rights and institutional arrangements.

This text is a heading for Part IV on the integration of persons with disabilities and section 15 on living independently and being included in the community.

This provision is titled “Obligation to provide social support.”

This provision is titled “Failure to provide reasonable social support” and refers to “Settlement for persons with disabilities.”

Section 19 is titled “Formulation of programmes” under the Part on support services for persons with disabilities by local government authorities.

The provision establishes the National Advisory Council for Persons with Disabilities, says the Minister appoints all members except the Chairman, and assigns the Commissioner to run the Council’s day-to-day functions and Secretariat.

The Commissioner has powers to manage disability registers, oversee compliance, inspect facilities, receive reports, and carry out related duties.

The Council’s objectives include promoting disability equality, advising on policies and laws, supporting service delivery, and encouraging best practices for persons with disabilities.

The Council is made up of specified members, the Commissioner serves as Secretary, and the Council may co-opt people at meetings to advise on matters under consideration.

Local government authorities have a duty to safeguard persons with disabilities.

This section is about a duty to report infringement of the rights of a child with disabilities.

Section heading on the responsibility of local government authorities in relation to registration of persons with disabilities and settlements.

Community members must report suspected infringement of a child’s or person with disability’s rights to the local government authority or another relevant authority. The social welfare officer may act on the report, and the court may require a bond if there is non-compliance.

This section is about registration of settlements for persons with disabilities and sits within a part covering health care, education, rehabilitation, and employment.

The section creates and manages a disability register, restricts unregistered disability settlements, and protects access to health care and education for persons with disabilities.

This section is titled “Working environment” and refers to services provided by a public body.

Learning institutions must not discriminate against persons with disabilities, and managers or owners must consider their special needs in admissions. Special schools must provide adequate facilities, and the Minister may make rehabilitation regulations for persons with disabilities aged 16 or older, in consultation with the Council.

Employers must give qualified persons with disabilities a vacant post when they apply, follow regulations on a disability employment quota for employers with 20 or more workers, and submit an annual report to the Commissioner.

Every employer should endeavour to keep persons with disabilities employed at the workplace.

Employers must not discriminate against people with disabilities in employment, and employers must take workplace accommodation and safety measures.

This section concerns accessibility for persons with disabilities at heritage and tourism sites.

Section heading: Responsibilities of certain Ministers.

Section 49 is titled “Standards and guidelines on accessibility.”

This section appears to prohibit denial of a public sectoral plan, but the extracted text is incomplete and fragmented.

The Minister must help ensure public buildings and buildings serving the public are accessible to persons with disabilities, and public and private bodies must follow accessibility regulations as far as practical.

The head of a public body must make services, communications, and published information accessible to persons with disabilities, subject to practicability in some cases.

A public body’s head must, as far as practicable, make public heritage sites or tourism facilities accessible to persons with disabilities. The Minister must have the Council prepare and submit a code of practice, the Council must consult as directed, the Minister may amend the code, and the code must be published in the Gazette.

The Minister must ensure relevant Ministries prepare and publish Sectoral Plans, and those Ministries must consult representatives of persons with disabilities before publishing.

A sectoral plan prepared by the Minister responsible for community development must include specified information about disability services, eligibility criteria, implementation arrangements, and cooperation arrangements.

The Minister’s Sectoral Plan must include information about specified disability-related services and other appropriate matters.

The Minister responsible for buildings must prepare a Sectoral Plan that includes accessibility-related measures for persons with disabilities.

The Minister responsible for local government and the Minister responsible for labour, employment and youth development must include specified disability-related information in their Sectoral Plans.

The provision lets the Commissioner or Committee act on disability-rights complaints, allows complaints to public bodies, requires the Minister to make complaint-handling regulations, and gives persons with disabilities a right to a barrier-free environment.

The Minister may make accessibility standards and guidelines, and must set up a monitoring and enforcement mechanism for compliance.

It is an offence to deny a person with a disability access to public premises, public services, facilities, information, and communication systems because of the disability.

This section appears to be a heading listing topics about participation of persons with disabilities, sports, recreation and leisure, cultural life, social protection, and television programmes and telephone services.

Adults with disabilities are entitled to political rights without discrimination, including voting and holding public office.

The Minister must, after consulting the Council and the Minister responsible for sports and culture, take measures to promote and support persons with disabilities in sports and recreation.

Persons with disabilities are entitled to participate in cultural life without discrimination, and the Government and Minister must take steps to improve access and support.

A person with disability is entitled to social protection without discrimination, and the Minister must take steps to ensure access to social security and protection.

Section 56 is titled “Telephone Services” and appears in Part XI, “Financial Provisions.”

All television stations must provide sign language inset or subtitles in specified programmes, and the Minister may set a Gazette-based compliance period.

Public telephone service providers must, as far as possible, install and maintain accessible telephone devices and tactile marks for people with hearing or visual disabilities.

This section names the National Fund for Persons with Disabilities.

This section is titled “Accounts and Audit,” but the provided text fragment does not state a complete rule.

A fund called the National Fund for Persons with Disabilities is established within the Commissioner’s office.

The Fund must keep proper accounts, prepare annual accounts, and submit reports and audited accounts to the Minister; the Commissioner manages the Fund, and the accounts are audited by the Controller and Auditor General.

This section is about delegation of powers by the Minister.

This section is titled “Transitional period.”

The Commissioner or an authorised officer may enter certain premises at reasonable times to inspect and check compliance, and the Commissioner may appoint authorised officers in writing.

The Minister may delegate some of his functions or powers under the Act to a government department or other person.

The Minister may, after consulting the Council, make regulations on the listed disability-related matters.

Any person who discriminates against a person with a disability, blocks access, denies support or employment, or otherwise contravenes the Act commits an offence and may face a fine or imprisonment.

A person already maintaining a settlement for persons with disabilities may keep doing so for two years after commencement, and longer if a licence application is made during the transition period until the licence is issued.

Council members serve for three years from nomination and may be re-appointed once for a second term; a member may resign by giving one month’s written notice to the Chairman.

The Council must meet quarterly, meetings must be convened by the chairman, vice-chairman, or another nominated person, decisions are by majority vote using secret voting, quorum is half the members, and the Council may make its own rules.

The Council Committee is made up of specified members, and it may co-opt any person to its meetings if it considers that appropriate.

The Council Committee must carry out disability-related functions in the district, including coordination, reporting, recordkeeping, and complaint handling.

The Council Committee must prepare a report every year and send it to the Fund through the Regional Committee. It may also submit a special report to the Fund whenever it considers that desirable.

The District Commissioner appoints the Chairman of the Council Committee from among the members, and the Vice-Chairman is elected from among the Committee members.

The Committee’s proceedings are to follow the Council Tenure Quorum Decision, applied mutatis mutandis.

A Committee member serves for three years from appointment and may resign by giving one month’s written notice.

Committee meetings are quorate when half of the total members are present, including the Chairman and the Secretary.

The Committee decides by majority vote using a secret voting system; if votes are equal, the Chairman gets a casting or extra vote.

The Regional Committee must carry out several duties for persons with disabilities in the region, including support, monitoring, reporting, complaints handling, record-keeping, and maintaining a register.

The Regional Committee must prepare and send a report every year to the Council for persons with disabilities. It may also submit a special report at any time if it considers that desirable.

The Regional Commissioner appoints the Chairman of the Regional Committee, and the Vice-Chairman is elected from among Committee members.

The Committee’s proceedings must follow the same rules as the Council’s, as far as applicable.

A Committee member serves for three years from nomination and may be re-appointed for one more term. A member may resign by giving one month’s written notice to the Chairman, or to the Regional Commissioner if the member is the Chairman.

Committee meetings have a quorum only when half of all members are present, including the Chairman and the Secretary.

Committee decisions are made by majority vote using a secret voting system, and the Chairman gets an extra vote if votes are tied.

The Village Committee must have the listed members, and it may co-opt any person to its meetings if it considers that appropriate.

The Village Committee must carry out planning, records-keeping, monitoring, coordination, and welfare-related work for persons with disabilities in the village.

The Committee must prepare and submit a quarterly report to the Council Committee about the welfare and development of persons with disabilities. The Ward Executive officer is entitled to a copy of that report.

The District Commissioner must appoint the Committee Chairman from among the members, and the Committee members must elect a Vice-chairman from among themselves.

Committee members serve for three years from appointment and may be re-appointed for one more term. A member may resign with one month’s written notice; if the resigning member is the Chairman, the notice goes to the District Commissioner.

Committee meetings have a quorum when half of the total members are present, including the Chairman and the Secretary.

Committee decisions must be made by majority vote using a secret voting system; if votes are tied, the Chairman has an extra vote.

The Committee must meet quarterly, may hold extra-ordinary meetings when needed, and its meetings must be convened by the Chairman, Vice Chairman, or another appointed person.

The Committee may make its own rules for carrying out its day-to-day activities.

The Mtaa Committee must include the listed members, and it may co-opt any person to its meetings when it considers appropriate.

The Mtaa Committee must support and protect persons with disabilities in the mtaa area, keep records and statistics, monitor implementation of related activities and directives, and coordinate disability-related activities.

The Committee must prepare and submit a quarterly report to the Council about the welfare and development of persons with disabilities. The Ward Executive Officer is entitled to a copy of that report, if there is one.

The District Commissioner appoints the Committee’s Chairman, and the Committee elects the Vice-Chairman from among its members.

Committee members hold office for a stated term and may resign by giving one month’s written notice.

The Committee must meet quarterly and may also hold an extraordinary meeting when needed.

Committee meetings have a quorum when half the members are present, including the Chairman and the Secretary to the Committee.

Committee decisions must be made by majority vote using secret voting, and the Chairman gets a casting vote if votes are tied.

The Committee may make its own rules.

This section gives the Act’s short title and says it starts on a date the Minister appoints by notice in the Gazette.

This Act applies to Mainland Tanzania.

This section defines key terms used in the Act, including accessibility, disability, discrimination, employee, employer, and related bodies and concepts.

This section sets out the Act’s principles, including dignity, freedom, non-discrimination, participation, equality, accessibility, and social protection for persons with disabilities.

The Minister must take steps to promote and realize the rights of persons with disabilities without discrimination.

The Government must ensure persons with disabilities are treated equally and protected from discrimination under the Act.

The Minister must work with civil societies and others to raise awareness about persons with disabilities, promote respect for their rights and dignity, and combat stereotypes and harmful practices.

The Council must carry out several advisory and monitoring functions for persons with disabilities, and it may advise the Government on related programmes and policies.

The Council’s funds come from Parliament-appropriated money and any other lawfully acquired funds, and the Minister must lay the Council’s report before the National Assembly.

This section requires committees to exist at village/Mtaa, council, and regional levels, and says their composition, functions, and proceedings are set out in the listed Schedules.

People with disabilities must be helped to live independently and stay in the community, and they must not be forced into an institution or special living arrangement.

Every relative of a person with disability must provide social support to that person.

If a relative neglects to provide reasonable social support to a person with disability, the court may order monthly payments and related directions.

A person with disability may be admitted to a settlement if they have no relative able to provide for them, or their disability means they need admission, and they consent.

The Minister must make programmes for the inclusive social development of persons with disabilities, after consulting the Council and relevant Ministers.