Ekiti State Rights Of Persons With Disability Bill, 2013
Arrangement of Sections
- Equality and Non-discrimination
- Women & Girls with Disabilities
- Children with Disabilities
- Legal Capacity and Equal Recognition before the Law
- Replacement of Plenary Guardianship with Limited Guardianship
- Duty to Provide Support in Exercise of Legal Capacity
- Right to Life and Personal Liberty
- Right to Live in the Community
- Right to Integrity
- Protection from torture or cruel, inhuman or degrading treatment or punishment
- Protection from Abuse, Violence and Exploitation
- Protection and Safety of Persons with Disabilities in Situations of Risk
- Right to Home and Family
- Reproductive Rights of Persons with Disabilities
- Freedom of Speech, etc.
- Right to Political Participation
- Access to Justice
- Duty of Educational Institutions to Provide Inclusive Education to Students with Disabilities
- Duty of State Government and Local Authorities, to Promote and Facilitate Inclusive Education
- Adult Education for Persons with Disabilities
- Vocational Training and Self Employment
- Non-discrimination in Employment
- Equal Opportunity Policies
- Employers to Maintain Records & Powers to inspect such Records
- Redress of Grievances related to Section
- Social Security
- Research and Development
- Leisure, Culture and Recreation
- Participation in Sporting Activities
- Right of Children with Benchmark Disabilities to Free Education up to the age of 18 years
- Reservation in Higher Educational Institutions
- Identification of Posts which can be Reserved for Persons with Benchmark Disabilities
- Reservation of Posts for Persons with Benchmark Disabilities
- Incentive/disincentive to Employers in the Private Sector.
- Special Employment Agencies
- Affirmative Action
- Persons with Disabilities with High Support Needs
- Provision of High Support to Persons Needing It
- Prevention of Disabilities
- Awareness Raising
- Accessibility Standards
- Personal Mobility
- Access to Services
- Mandatory Observance of Accessibility Norms
- Time Limit for Making Existing Infrastructure and Premises Accessible and Action Plan for that Purpose
- Time Limit for Accessibility Duties of Service Provider
- Human Resource Development
- Disability Audit Registration of Institutions for PWDs, and Grants to such Institutions.
- Competent Authority
- Registration of Institutions for Persons with Disabilities
- Certificate of Registration
- Revocation of Certificate
- Financial Assistance to Registered Institutions
- Power of State Government to Notify Guidelines for Assessment of Specified Disabilities
- Designation of Certifying Authorities
- Procedure for Certification of Specified Disabilities
- Appeal against a Decision of the Certifying Authority
- . Constitution of Committee for Persons with Disabilities
- Term of office of Chairperson and Members
- Resignation and Removal of Chairperson and Members
- Member to act as Chairperson or to Discharge his Functions in Certain Circumstances
- Terms and Conditions of Service of Chairperson and Members
- Vacancies, etc., not to Invalidate the Proceedings of the Committee
- Procedure to be Regulated by the Committee
- Functions of the Committee
- Action by Appropriate Authorities on the Commission’s Recommendations made after Enquiry into a Complaint
- Powers of the Committee.
- Annual and Special Reports of the Committee
- Establishment of a State Fund for Persons with Disabilities
- Governing Body of the Fund
- Sources of Income for the State Fund for Persons with Disabilities
- Management and Utilization of the Fund
- Accounts & Audit
- Annual Report
- Returns & Information
- Powers of State Government
- Exemption from Tax on Income
- Protection of Action Taken in Good Faith
- Punishment for Contravention of Section 50, 51, 55 & 57
- Offences by Establishments
- Penalty for Hate Speech
- Penalty for Assault or Use of Force
- Penalty for Denial of Food and Fluids
- Penalty for Sexual Exploitation
- Penalty for Wrongful Medical Procedures
- Punishment for Injury to Persons with Disability
- Penalty for Forceful Termination of Pregnancy
- Penalty for Fraudulently Availing or Conferring Benefit Meant for Persons with Benchmark Disabilities
- Penalty for Failure to Furnish Information
- Law to be in Addition to and not in Derogation of any other Law
- Action Taken in Good Faith
- Power to Remove Difficulties
- Power to Make Regulation
- Definitions of Specified Disabilities
Commencement ( )
PART I: PRELIMINARY
(1) This Law may be cited as “The Rights of Persons with Disabilities Law, 2013”.
2. Guiding Principles
The state government shall, subject to the provisions of this Law and any other law for the time being in force, take all necessary steps to secure for persons with disabilities the following:
a) respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
c) full and effective participation and inclusion in society;
d) respect for differences and acceptance of persons with disabilities as part of human diversity and humanity;
e) equality of opportunity;
g) equality between men and women;
h) respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
3. Equality and Non-discrimination
(1) The state government shall take all necessary steps to ensure that persons with disabilities enjoy the right of equality guaranteed by Chapter 4 of the Constitution of Nigeria 1999, as amended on an equal basis with others.
(2) No person with disability shall be discriminated against, unless it can be shown that the impugned Law, provision, criterion, practice, treatment or omission is a means of achieving a legitimate aim.
(3) Any affirmative action or measure aimed to accelerate or achieve de facto equality of persons with disabilities shall not constitute discrimination.
4. Women and Girls with Disabilities
(1) The state government and local government shall take measures to ensure
the full and equal enjoyment of all rights by women and girls with disabilities.
(2) The state government and local governments shall take measures to ensure the full development, advancement and empowerment of women and girls with disabilities, for the purpose of guaranteeing them the exercise and enjoyment of the human rights on an equal basis with others.
5. Children with Disabilities
(1) The state government and local governments shall take all necessary measures to ensure that children with disabilities enjoy human rights on an equal basis with other children.
(2) The state government and local governments shall ensure that all children with disabilities shall have on an equal basis with all other children a right to freely express their views on all matters affecting them; and provide them with support that is appropriate for their age and disability.
6. Legal Capacity and Equal Recognition before the Law
(1) Notwithstanding anything contained in any other law to the contrary, persons with disabilities shall enjoy legal capacity on an equal basis with others in all aspects of life and have the right to equal recognition everywhere as persons before the law.
(2) Any express or implied disqualification on the grounds of disability prescribed in any legislation, rule, notification, order, bye-law, regulation, custom or practice which has the effect of depriving any person with disability of legal capacity shall not be legally enforceable from the date of enforcement of this Law.
(3) Notwithstanding anything contrary contained in any other law, all persons with disabilities have right, on an equal basis with others, to own or inherit property; control their financial affairs; obtain access to bank loans, mortgages and other forms of financial credit, and not to be arbitrarily deprived of their property.
(4) All persons with disabilities have the right to access all arrangements and support necessary for exercising legal capacity in accordance with their will and preferences.
(5) The legal capacity of a person with disability shall not be questioned or denied, irrespective of the degree and extent of support, by reason of accessing support to exercise legal capacity.
(6) When a conflict of interest arises between a person providing support and a person with disability in a particular financial, property or other economic transaction, then such supporting person shall abstain from providing support to the person with disability in that transaction.
There shall not be a general presumption of conflict of interest just on the basis that the supporting person is related to the person with disability by blood, affinity or adoption.
(7) No person providing support either individually or as part of a network shall exercise undue influence on a person with disability. Such support when provided by an individual or a network shall be so provided that it respects the autonomy, dignity and privacy of persons with disabilities.
(8) A person with disability may alter, modify or dismantle any support arrangement and substitute it with another.
Provided that such alteration, modification or dismantling shall be prospective in nature and shall not nullify any third party transaction entered into by the person with disability with the aforesaid support arrangement.
7. Replacement of Plenary Guardianship with Limited Guardianship
(1) After the commencement of this Law, any provision in any legislation, rule, regulation or practice which prescribes for the establishment of plenary guardianship shall be hereinafter deemed to be establishing a system of limited guardianship.
Plenary Guardianship is a system whereby subsequent to a finding of incapacity a guardian substitutes for the person with disability as the person before the law and takes all legally binding decisions for him or her. The decisions of the person with disability have no binding force in law during the subsistence of the guardianship.
The guardian is under no legal obligation to consult with the person with disabilities or determine his will or preference whilst taking decisions for him or her.
(2) Subsequent to the enforcement of this Law all plenary guardians shall operate as limited guardians;
(3) All limited guardians shall act in close consultation with the person with disability to arrive at legally binding decisions.
A limited guardianship is a system of joint decision making which operates on mutual understanding and trust between the guardian and the person with disability.
8. Duty to Provide Support in Exercise of Legal Capacity
(1) The State Government shall establish or designate one or more authorities to mobilize the community and create social networks to support persons with disabilities in the exercise of their legal capacity.
(2) An authority authorized or designated under sub-section (1) should, inter-alia, perform the following functions, viz.:-
i. institute support measures for the exercise of legal capacity by persons with disabilities living in institutions and those with high support needs, and
ii. set up suitable support arrangements, other than limited guardianship to assist persons with disabilities, who have exited from plenary guardianship, in the exercise of their legal capacity.
9. Right to Life and Personal Liberty
(1) The state government shall take necessary steps to ensure that persons with disabilities enjoy the right to life, dignity and to personal liberty guaranteed by Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 as amended on an equal basis with others.
(2) No person shall be deprived of his personal liberty only on the ground of disability.
10. Right to live in the community
(1) All persons with disabilities shall have the right to live in the community with choices equal to others.
(2) The state government and local governments shall take appropriate measures to ensure full enjoyment of the right mentioned in sub section (1) including :
a. not obliging persons with disabilities to live in any particular living arrangement;
b. according due recognition to the age and gender needs of persons with disabilities;
c. ensuring that persons with disabilities have access to a range of in-house, residential and other community support services, including personal assistance necessary to support living and inclusion in community; and;
d. making community services and facilities for the general population available on an equal basis to persons with disabilities
11. Right to Integrity
Every person with disability has a right to respect for his or her physical and mental integrity on an equal basis with others.
12. Protection from torture or cruel, inhuman or degrading treatment or punishment
(1) The state government and local governments shall take all appropriate administrative and other measures to protect persons with disabilities from being subjected to torture, or cruel, inhuman or degrading treatment or punishment.
(1) No person with disability shall be a subject of any research without:-
i. his or her free and informed consent, obtained through accessible modes means and formats of communication; and
ii. prior permission of the Committee constituted for the purpose by the state government as may be prescribed in which not less than half the members shall themselves be either persons with disabilities or members of registered organizations;
13. Protection from Abuse, Violence and Exploitation
(1) The state government and local governments shall take all appropriate administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of abuse, violence and exploitation.
(2) Any person, or registered organization who or which has reason to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may give information about it to the Magistrate in whose jurisdiction such incident occurs or is likely to occur, who, on receipt of such information, shall take immediate steps to stop it
or prevent its occurrence as the case may be, or pass such order as he deems fit for the protection of such person with disability including an order:
a. to rescue the victim of such Law, authorizing the police or any reliable organization working for persons with disability to provide for the safe custody, or rehabilitation of such person with disability, or both, as the case may be;
b. for providing protective custody to the person with disability if such person so desires;
c. to provide for maintenance to such person with disability.
(3) No civil or criminal liability shall be incurred by any person who in good faith furnishes information under sub section (2).
(4) Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of:
a. the right to apply for protection under subsection (2).
b. the particulars of the nearest organization or institution working for the rehabilitation of persons with disabilities who have been subject to abuse, violence or exploitation;
c. the particulars of the Magistrate having jurisdiction to provide assistance to aggrieved persons;
d. of the right of the person with disability to free legal services under the Legal Aid Act Chapter L9, Laws of the Federation of Nigeria 2004, and any other services offered by the National or the State Government for the benefit of persons with disabilities;
e. of the right to file a complaint under the relevant provisions of the Ekiti State Criminal Code Law, Chapter C16 Laws of Ekiti State, 2012 or any other law dealing with such crimes. Provided that nothing in this section shall be construed to free such police officer
of his obligation to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
(5) If the Magistrate finds that the alleged Law or behavior would also be an offence under the Ekiti State Criminal Code Law, Chapter C16 Laws of Ekiti State, 2012, or under any other law imposing criminal sanctions on such acts, he may forward a complaint to that effect to the Chief Magistrate, as the case may be, having jurisdiction in the matter, whereupon the latter shall act on it forthwith in accordance with law.
(6) The state government shall take all appropriate measures to prevent abuse, violence and exploitation against persons with disabilities by, inter alia, providing information and raising awareness on:
a. taking cognizance of incidents of abuse, violence and exploitation;
b. the legal remedies available against such incidents;
c. steps to be taken for avoiding such incidents;
d. procedure for reporting such incidents;
e. steps required for the rescue, protection and rehabilitation of persons with disabilities who have been victims of such incidents.
14. Protection and Safety of Persons with Disabilities in Situations of Risk
(1) All persons with disabilities shall have the right to suitable protection and safety in situations of risk, including situations of armed conflict, humanitarian emergencies and natural disasters.
(2) In furtherance of the right recognized in sub-section (1), the State government and local governments shall take effective and appropriate measures to enable the protection and safety of persons with disabilities in these situations on an equal basis with others.
(3) The State Emergency Management Agencies shall take appropriate measures to ensure inclusion of persons with disabilities in its‘disaster and emergency management activities during the occurrence of any ‘disaster’ for the safety and protection of persons with disabilities.
(4) The State Emergency Management Authority shall maintain record of details of persons with disabilities in the state and take suitable measures to inform such persons of any situations of risk so as to enhance disaster preparedness.
(5) The state government shall take suitable measures to ensure the safety and protection and to offer immediate relief and rehabilitation to victims with disabilities in situations of communal violence or internal disturbance.
(6) The State shall, in all situations of armed conflict, take appropriate measures to ensure the safety and protection of persons with disabilities in the light of their obligations pursuant to the constitution and other relevant laws.
(7) All authorities engaged in reconstruction activity subsequent to any situation of armed conflict, humanitarian emergencies or natural disasters shall undertake such activity, in consultation with the concerned State Committee for Persons with Disability, in accordance with the accessibility requirements of persons with disabilities.
15. Right to Home and Family
(1) No child with disability shall be separated from his or her parents on grounds of disability except on an order of competent Court if required in the best interest of the child.
(2) Where the immediate family is unable to care for a child with disabilities, the competent Court shall make every effort to place such child within his or her extended family, and failing that within the community in a family setting.
‘Family’ means a group of people related by blood, marriage or adoption to a person with disability.
16. Reproductive Rights of Persons with Disabilities
(1) The state government shall ensure that persons with disabilities have access to information regarding family and reproductive planning on an equal basis with others.
(2) No person with disability shall be subject to any medical procedure which leads to or could lead to infertility without their free and informed consent.
17. Freedom of Speech, etc.
The state government and local governments shall take steps to ensure that persons with disabilities are able to enjoy the rights regarding freedom of speech, etc., provided by Chapter IV of the Constitution, on an equal basis with others.
18. Right to Political Participation
(1) The State Independent Electoral Commission shall ensure that all polling stations are accessible to persons with disabilities and that all materials related to the electoral process are easily understandable by and accessible to persons with disabilities.
(2) Without prejudice to the generality of the provisions contained in sub–section (1), the measures undertaken by an Electoral Commission in pursuance of that sub–section shall include:
a. the construction and availability of ramps at all polling booths;
b. separate queues for persons with disabilities at all polling booths with clear pictorial signs;
c. the availability of ballot papers and/ or electronic voting machines with candidates’ information available in Braille and other accessible formats;
d. the fitting of audio devices to electronic voting machines;
e. training programs to sensitize polling officers about the special requirements of persons with disabilities.
(3) If the Presiding Officer of a polling booth is satisfied that, due to disability, a person with disability is unable to recognize the symbols or to record vote without assistance, the presiding officer shall permit the elector to take a companion of not less than eighteen years of age to the voting compartment for recording/casting the vote.
19. Access to Justice
(1) All persons with disabilities and Disabled Persons’ Organizations shall, in their individual or representative capacity, as the case may be, have the right to apply or appear before any court; tribunal; authority; commission; or any other body having judicial or quasi judicial or investigative powers for the protection of their rights on an equal basis with others.
(2) The authorities in subsection (1) shall ensure that persons with disabilities are able to exercise the right to approach these authorities without discrimination on the basis of disability.
(3) All the authorities mentioned in subsection (1) shall evaluate the testimony, opinion or argument given by a person with disability on an equal basis with others and ensure that there is no discrimination whether directly or indirectly on the basis of disability.
(4) State Ministry of Justice shall make provisions including reasonable accommodations to ensure that persons with disabilities have access to any scheme, programme, facility or service offered by them on an equal basis with others.
(5) The authorities in sub-section (1) shall take steps to ensure: a that all their public documents are in accessible formats;
b that filing departments, registry or any other office of records are supplied with necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats; and
c. make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication;
20. Duty of Educational Institutions to Provide Inclusive Education to Students with Disabilities
State Government and local governments shall ensure that all educational institutions funded or recognized by them, provide inclusive education, and towards that end, inter alia:
i. admit students with disabilities without discrimination and provide them education as also opportunities for sports, recreation and leisure activities on an equal basis with others,
ii. make their building, campus and various facilities accessible to students with disabilities,
iii. provide reasonable accommodation of the individual’s requirements,
iv. provide necessary support – individualized and otherwise – in environments that maximize academic and social development, consistent with the goal of full inclusion,
v. ensure that education to persons who are blind, deaf or deafblind is delivered in the most appropriate languages and modes and means of communication for the individual,
vi. specific learning disabilities in children are detected at the earliest, and suitable pedagogical and other measures are taken to enable the children to overcome them, and
vii. monitor participation, progress in terms of attainment levels, and completion of education, in respect of every student with disability.
21. Duty of State Government and Local Governments, to Promote and Facilitate Inclusive Education
In order to ensure inclusive education of students with disabilities, and to enable educational institutions funded or recognized by them to comply with the provisions of Section 21, the State Government and local governments shall, inter alia, take the
i. in surveys of children of school-going age, provide especially for identifying children with disabilities, and ascertaining their special needs and the extent to which these are being met,
ii. establish an adequate number of teacher training institutions, so that teachers equipped to teach students with various kinds of disabilities are available in adequate number,
iii. train and employ teachers, including teachers with disabilities, who are qualified in sign language and Braille,
iv. train professionals and staff to support education of persons with disabilities at all levels,
v. establish an adequate number of resource centres at appropriate locations to support educational institutions in their vicinity, by way of special teachers, teacher trainers, educational aids, equipment and material etc.
vi. promote the use of appropriate augmentative and alternative modes, means and formats of communication, including Braille and Sign Language,
vii. promote the use of educational techniques and materials to support the education of persons with disabilities,
viii. provide to students with benchmark disabilities, books, other learning material and appropriate assistive devices, free of cost, up to the age of 18 years, and either free or at affordable cost, thereafter,
ix. provide transport facilities or transport allowance, and scholarships, in appropriate cases, to students with benchmark disabilities,
x. make suitable modifications in the curriculum and examination system to meet the needs of students with disabilities e.g. extra time for completion of examination paper, facility of scribe/amanuensis, exemption from second and third language courses, etc., and
xi. promote research aimed at improvement of learning by students with disabilities and equalizing educational opportunities for them.
22. Adult Education for Persons with Disabilities
State Government and local governments shall ensure participation of persons with disabilities in adult education and continuing education programmes on an equal basis with others.
23. Vocational Training and Self-Employment
(1) The state government shall formulate schemes and programmes to facilitate and support employment of persons with disabilities specially for their vocational training and self-employment.
(2) The State Government shall institute mechanisms for provision of loans at concessional rates to persons with disabilities for self employment ventures, and for marketing of their products.
24. Non Discrimination in Employment
(1) No establishment shall discriminate against any person with disability in any matter relating to employment including but not limited to recruitment, promotion and other related issues.
(2) Every establishment shall provide reasonable accommodation to employees with disability.
(3) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during service, Provided that such employee may, if required by the nature of disability, be redeployed to another post with the same salary scale and service benefits; Provided further that if it is not possible to redeploy the employee to any other post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier; Provided that the state government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
(4) Any person with disability, if eligible for any post which is sought to be filled, shall
have the right to appear for selection and hold the post if selected.
25. Equal Opportunity Policies
(1) Notwithstanding the provisions of the Ekiti State Equal Opportunities Law, 2013, within one year of the commencement of this Law, every establishment
shall put in place an Equal Opportunity Policy detailing measures proposed to be taken by it in pursuance of the provisions of this and any Regulations made under it.
(2) The Equal Opportunity Policy of an establishment shall, inter-alia delineate the
a. measures taken or proposed to be taken in order to comply with the provisions of the Law;
b. strategy to increase employment opportunities for persons with disabilities;
c. measures taken or proposed to be taken to provide reasonable accommodation to employees, especially women employees with disabilities.
(3) A copy of the Equal Opportunity Policy of every establishment shall be deposited and registered with the State Committee for Persons with Disabilities.
26. Employers to Maintain Records & Powers to Inspect such Record
(1) Every establishment shall maintain records in relation to employment, facilities provided and other necessary information with regard to compliance with the provisions of this in such form and in such manner as may be prescribed.
(2) These records shall specifically include information on women with disabilities in relation to their employment, facilities provided and other information as prescribed.
(3) The civil service commission and any other employment agency shall register and maintain records of persons with disabilities seeking employment.
27. Redress of Grievances relating to Section 24
(1) Every Ministry, Department or Agency shall appoint an officer as Grievance Redress Officer with reference to Section 24 and shall notify the State Committee for Persons with Disabilities about the appointment of such Officer.
(2) If any person is aggrieved that an establishment has not complied with the provisions of Section 24, it may file a complaint with the Grievance Redress Officer, who will investigate it and, on being found correct, shall take up the matter with the competent authority within the establishment for corrective Action.
(3) The Grievance Redress Officer shall maintain a register of complaints in the manner prescribed, and every complaint shall be looked into within two weeks of its registration.
(4) If a person with disability is not satisfied with the action taken on his complaint filed with a Grievance Redress Officer, he may approach the State committee on Disability.
28. Social Security
(1) State Government shall promulgate necessary schemes and programmes to safeguard and promote right of persons with disabilities to adequate standard of living and living conditions to enable them to live independently and in the community. In devising these schemes and programmes the diversity of disability, gender, age, and socio-economic status shall be relevant
(2) The schemes under sub-section (1) shall inter-alia provide for:
a. safe and hygienic community centres with decent living conditions in terms of nutritious food, sanitation, health care and counseling;
b. facilities for persons including children with disabilities who have no families or have been abandoned, or are without shelter or livelihood;
c. support required during times of natural or man-made disasters and in areas of conflict;
d. support to women with disabilities for livelihood; and support for upbringing of their children; and
e. access to safe drinking water and appropriate and accessible sanitation facilities especially in urban slums and rural areas.
f. provision of aids and appliances, medicine and diagnostic services and corrective surgery without cost to persons with disabilities subject to such income ceiling as may be notified;
g. disability pension to persons with disabilities subject to such income ceiling as may be prescribed;
h. unemployment allowance to unemployed persons with disabilities registered with special employment exchange for more than two years and who could not be placed in any gainful occupation;
i. care-giver allowance to persons with disabilities with high support needs;
(1) State Government and local governments shall take necessary measures to provide to persons with disabilities:
a. health care within a reasonable distance from their location, specially in rural areas; which shall be free in case of persons with disability, whose family income is below such limit as the state government may notify;
b. barrier-free access in all parts of the hospitals and other healthcare institutions and centres run or aided by them; and
c. priority in attendance and treatment.
(2) In fulfillment of its obligation under this Section, the State Governments shall make schemes and programmes with participation and involvement of persons with disabilities and care-givers that inter-alia makes provision for:
a. minimization and prevention of further disabilities with requisite education, training, information and intervention;
b. health care of persons with disabilities during times of natural disasters and other situations of risk ;
c. disability specific equipments and accessible infrastructure at all health care centres; public buildings and places; and all other such places that may be notified by the state government from time to time;
d. ‘essential medical facilities’ for all life saving emergency treatment and procedures;
e. sexual and reproductive health especially for women with disabilities;
f. pre-natal, peri-natal and post natal care of mother with disabilities and their children;
g. nutritional intervention for children with disabilities;
h. coverage of medical expenses, travel allowances and therapeutic intervention within a comprehensive insurance scheme for persons with disabilities.
(1) The State Government and local governments shall undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons with disabilities.
(2) The above services and programmes shall be:-
i. so designed as to begin at the earliest possible stage;
ii. based on a comprehensive assessment of individual needs and
iii. delivered as close to the residence of persons with disabilities as possible including in rural areas; and
iv. involve family care givers and guardians of persons with disabilities, for which adequate training shall be provided.
(3) For purposes of sub-section (1), read with sub-section (2), the state
Government and local governments shall, subject to fulfillment of financial and other norms, and availability of budgetary allocation, grant financial assistance to non-governmental organizations.
(4) The State Government and local authorities, while formulating rehabilitation policies, shall consult the non-governmental organizations working for the cause of persons with disabilities.
(5) Without prejudice to the generality of sub-section (1), the State Government shall by notification make schemes to provide aids and appliances to persons with disabilities, specially for those with family income lower than the prescribed limit.
31. Research and Development
The State Government shall initiate or cause to be initiated research and development through individuals and institutions on issues which would enhance habilitation and rehabilitation of persons with disabilities.
32. Leisure, Culture and Recreation
(1) State Government and local governments shall take suitable measures to promote and protect the right of all persons with disabilities to have a cultural life and to participate in leisure and recreational activities on an equal basis with
(2) Without prejudice to the general obligation in sub-section (1), such measures
shall include –
a. providing facilities, support and sponsorships to artists and writers with disabilities to pursue their interests and talents;
b. sponsoring of disability film, theatre, music and dance festivals;
c. establishment of a disability history museum which chronicles and interprets the historical experiences of persons with disabilities;
d. making art accessible to persons with disabilities;
e. promoting the launch of leisure clubs, recreation centers, and other associational activities;
f. facilitating participation in scouting, dancing, art classes, outdoor camps and adventure activities;
g. redesigning courses in cultural and arts subjects to enable participation and access of persons with disabilities;
h. developing technology, assistive devices and equipments to facilitate access and inclusion for persons with disabilities in recreational activities.
(3) All Cultural Academies whether of, art, literature, music, or dance shall include persons with disabilities in their programs and activities, and shall thereby provide recognition, support, and awards to the cultural contribution of persons with disabilities on an equal basis with others.
33. Participation in Sporting Activities
(1) State Government shall take measures to guarantee the effective participation in sporting activities for all persons with disabilities. Such measures shall expressly provide for the inclusion of persons with disabilities in all mainstream sporting events and activities.
(2) The State Sports council shall accord due recognition to the right of persons with disabilities to participate in sports and shall make due provision for the inclusion of persons with disabilities in their schemes and programs for the promotion and development of sporting talent.
(3) Without prejudice to the general obligations stated in sub-section (1) and (2), the
State Government and the State Sports council shall take
a. restructure courses and programmes to ensure access, inclusion and participation of persons with disabilities in all sporting activities;
b. redesign and support infrastructure facilities of all sporting activities for persons with disabilities;
c. develop technology to enhance potential, talent, capacity and ability in sporting activities of all persons with disabilities;
d. provide multi-sensory essentials and features in all sporting activities to ensure effective participation of all persons with disabilities;
e. allocate funds for development of state of art sport facilities for training of persons with disabilities;
f. promote and organize disability specific sporting events for persons with
34. Right of Children with Benchmark Disabilities to Free Education up to the age of 18 years
(1) Every child with bench-mark disability, of the age of 6 to 18 years, shall have a right to free education:
a) in a neighbourhood school, as far as possible, and b) in a special school, if necessary.
(2) For the purpose of sub-section (1), no child with bench-mark disability shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing education up to the age of 18 years.
(3) The state government and local governments shall ensure that every child with benchmark disability has access to free education in an appropriate environment till he attains the age of 18 years.
35. Reservation in Higher Educational Institutions
All Government institutions of higher education and all higher education institutions receiving aid from the State Government shall reserve up to five percent of the total seats in each course for persons with benchmark disabilities;
Provided that persons with benchmark disabilities shall not be prevented from competing for seats which are not reserved for them.
36. Identification of Posts which can be Reserved for Persons with Benchmark Disabilities
State Government shall –
(a) identify posts in establishments under it which can be reserved for persons with benchmark disability as mentioned in section 39;
(b) at periodical intervals not exceeding three years, review and revise the list of identified posts, taking into consideration developments in technology.
37. Reservation of Posts for Persons with Benchmark Disabilities
(1) The state government shall reserve, in every establishment under it, not less than 5% of the vacancies meant to be filled by direct recruitment, for persons or class of persons with benchmark disability, of which 1% each shall be of all posts reserved for persons with following disabilities:
i. blindness & low vision (with reservation of 0.5% of the vacancies for each of the two disabilities).
ii. hearing impairment & speech impairment
iii. locomotor disability including cerebral palsy, leprosy cured and muscular dystrophy
iv. autism, intellectual disability and mental illness
v. multiple disabilities from among i to iv above including deafblindness
Provided that the state government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
(2) If sufficient number of qualified persons with benchmark disabilities are not available in a particular year, then the reservation may be carried forward for up to the next three recruitment years, and if in such succeeding recruitment years also a suitable person with benchmark disability is not available, then the post in the fourth year may be first filled by interchange among the categories of disabilities; and only when there is no person with any benchmark disability available for the post in that year, the vacancy may be filled by appointment of a person, other than a person with benchmark disability.
38. Incentive/disincentive to Employers in the Private Sector
(1) State Government shall, within a period of one year from the commencement of this Law, provide incentives to employers in the private sector to ensure that at least 5% of their work force is composed of persons with benchmark disabilities within a period of five years from the commencement of this Law.
(2) As from the beginning of the financial year after the expiry of a period of five years from the commencement of this Law, employers in the private sector whose workforce is 20 or more:-
i. with more than 5% of their workforce of persons with benchmark disabilities, shall be eligible to deduct from their taxable income, an amount equal to the salary of employees with disabilities in excess of 5%, and
ii. with less than 5% of their workforce consisting of persons with benchmark disabilities, shall be liable to add to their taxable income, an amount equal to the salary of employees to the extent of the shortfall, in such manner as may be prescribed.
39. Special Employment Agencies
(1) The State Government may, by notification, require that from such date as may be specified, by notification, the employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for persons with benchmark disability that have occurred or are about to occur in that establishment to such Special Employment Agencies as may be
prescribed and the establishment shall thereupon comply with such requisition.
(2) The form in which and the intervals of time for which information or returns shallbe furnished and the particulars they shall contain shall be such as may be prescribed.
40. Affirmative Action
State Government and local governments shall, by notification, frame schemes in favour of persons with benchmark disabilities, inter-alia, to provide:
a. five percent reservation in allotment of agricultural land and housing to persons with disabilities in all relevant schemes and development programmes, with appropriate priority to women with disabilities;
b. five percent reservation in all poverty alleviation and various developmental schemes, to persons with disabilities with appropriate priority to women with disabilities;
c. five percent reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centers, production centers
exclusively for persons with disabilities whether or not such facilities are owned and managed by persons with disabilities;
41. Persons with Disabilities with High Support Needs
(1) The state government and local governments shall take measures to ensure full and equal enjoyment of all rights by persons with disabilities with high support needs, on an equal basis with others.
(2) The interventions referred to in sub section (1) shall be designed to progressively achieve the full inclusion of and total participation by such persons with disabilities in all spheres of life.
42. Provision of High Support to Persons Needing It
(1) Any person with benchmark disability, who considers himself to be in need of high support, or any person or organisation on his behalf, may apply to the state committee for persons with disabilities requesting for such person to be provided high support as appropriate in his case.
(2) On receipt of an application under sub-section (1), the competent authority shall refer it to an Assessment Board consisting of the following:-
i. a specialist doctor or doctors in the area(s) concerned with the disability/disabilities affecting the person,
ii. a person with knowledge and experience of rehabilitation of persons with relevant disability/disabilities,
iii. a social worker, and
iv. such other person(s), as may be prescribed.
(3) The Assessment Board shall assess the case referred to it under sub-section (1), in such a manner as may be prescribed, and shall:-
i. certify whether such person is actually in need of high support, and
ii. if yes, the nature of high support needed by him, and shall send its report to the competent authority.
(4) On receipt of a report under sub-section (3), the competent authority shall take steps to provide support to the person certified by the Assessment Board as needing high support, in accordance with the Board’s recommendations and subject to relevant schemes and general or special orders of the State Government, in this behalf.
43. Prevention of Disabilities
State Government and the local authorities, with a view to preventing the
occurrence of disabilities, shall –
a) undertake or cause to be undertaken surveys, investigations and research
concerning the cause of occurrence of disabilities;
b) promote various methods of preventing disabilities;
c) Screen all the children at least once in a year for the purpose of identifying “at risk” cases;
d) provide facilities for training to the staff at the primary health centers;
e) Sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be disseminated information for general hygiene, health and sanitation;
f) take measures for pre-natal, peri -natal and post-natal care of mother and child;
g) educate the public through the pre-schools, schools, Primary Health Centres and, village level workers ;
h) create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted.
44. Awareness Raising
(1) The State Government in consultation with the State Committee for persons with disabilities, as the case may be, shall conduct, sponsor, encourage, support or promote on a regular and continuous basis information campaigns and sensitization programmes to ensure that the rights recognized in this legislation are respected, protected and promoted. Such campaigns should aim at enabling both state and civil society to comprehend disability as an integral part of the human condition; to recognize the capabilities and contributions of persons with disabilities; and to combat the stereotypes, prejudices and harmful practices which impede the participation of persons with disabilities on an equal basis with others;
(2) Without prejudice to the general objectives of the information campaigns and sensitization programmes stated in sub section (1), the State Governments shall ensure that the aforementioned awareness programmes especially draw attention to the direct and indirect discrimination faced by women and children with disabilities;
(3) Without prejudice to the general awareness raising obligation in sub section (1), such programmes, campaigns and workshops shall inter-alia:
a. promote values of inclusion, tolerance, empathy and respect for diversity;
b. Advance recognition of the skills, merits and abilities of persons with disabilities and of their contributions to the workforce, labour market and professional fee;
c. foster respect for the decisions made by persons with disabilities on all matters related to family life, relationships, bearing and raising children;
d. provide orientation and sensitization at the school, college, university and professional training level on the human condition of disability and the rights of persons with disabilities;
e. provide orientation and sensitization on disabling conditions and Rights of Persons with Disabilities to employers, administrators and co-workers.
(1)All Ministries Departments, and Agencies shall ensure that the all persons with disabilities have the right on an equal basis with others to the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas.
(2) rights of persons with disabilities to accessibility as outlined in sub section (1) of this section are fully protected.
46. Accessibility Standards
(1) The State Committee shall formulate regulations which lay down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas.
(2) The State Committee shall formulate the regulations, in consultation with experts, by adopting or adapting prevailing international standards on physical environment and information and communication technologies and systems to local conditions. It shall ensure that the regulations are age and gender appropriate and are applicable to:
a. all buildings and facilities used by the public;
b. permanent, temporary or emergency conditions;
c. pedestrian infrastructure;
e. road based transport; rural public transport system; and all other modes of transport so as to ensure that persons with disabilities travel in safety and comfort.
(3) The State Committee shall, within a period of one year, develop and notify the aforesaid accessibility standards regulations for both urban and rural areas. It shall review these regulations every five years and revise them if required in order to ensure universal coverage of all transport and built environment.
(4) The State Government and its establishments shall take suitable measures:
a. to provide facilities for persons with disabilities at bus stations that meet the accessibility standards relating inter alia to parking spaces, toilets, ticketing counters and ticketing machines;
b. to provide access to all modes of transport that conform to design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design.;
c. to ensure that where no modifications are possible, human assistance is made available to persons with disabilities;
d. to provide support services to persons with disabilities to negotiate and interact with unfamiliar people, environs and spaces;
e. to provide for rural modes of transport and accessible roads to address mobility needs of persons with disabilities in rural areas.
47. Personal Mobility
(1)The State Government and its establishments shall develop schemes and programmes to promote the personal mobility of persons with disabilities at affordable cost, according to their choice.
(2) Such schemes may inter alia provide:
a. incentives and concessions to provide accessible transport facilities to persons with disabilities;
b. for retrofitting of vehicles for persons with disabilities;
c. appropriate personal mobility assistance;
d. rural modes of transport to address mobility needs of persons with disabilities in rural areas.
48. Access to Services
(1)The State Government shall ensure that all services and facilities provided by them are available to persons with disabilities on an equal basis with others; and that such services are provided in such mode or format which is responsive to the needs of persons with disabilities but at no extra cost to them.
(2) The State Government shall ensure that all announcements inviting public response including those made for procurement, entitlement, employment, public health and disaster preparedness are accessible to persons with disabilities.
(3) The State Committee shall make available to service providers information on how they can make their services accessible to persons with disabilities.
49. Mandatory Observance of Accessibility Norms
(1) No individual, organization or establishment shall be granted permission to build any structure if the building plan does not adhere to the regulations formulated by the State Committee.
(2) No individual, organization or establishment shall be issued a certificate of completion or allowed to take occupation of a building if it has failed to adhere to the regulations formulated by the State Committee.
50. Time Limit for Making Existing Infrastructure and Premises Accessible and Action Plan for that Purpose
(1) All existing public buildings shall be made accessible in accordance with the regulations formulated by the State Committee, within a period not exceeding five years from the date of notification of such regulations.
(2) The State Government and Local Government Councils shall formulate and publish an Action plan based on prioritization, for providing accessibility in all their buildings and spaces providing essential services such as all Primary Health Centres, General hospitals, Primary schools/ secondary schools, railway stations and bus stations.
(3) All plans prepared under sub-section (2) shall be public documents and shall be made available in formats accessible to persons with disabilities.
(4) The State Committee shall set up a system of monitoring all existing infrastructure once the plans to provide accessibility have been made public.
51. Time Limit for Accessibility Duties of Service Provider
All service providers shall provide services in accordance with the regulations on accessibility formulated by the State Committee within a period of one year from the date of notifications of such regulations.
52. Human Resource Development
(1) The State Government shall ensure that social, economic and civil political rights guaranteed in this Law are duly implemented and to that end shall:
a. undertake the development of human resources so that both inclusive and specialized services are made available to persons with disabilities;
b. orientate, sensitize and train existing personnel and create curricula which is disability sensitive;
c. make provision for adequate numbers of professionals in such manner that such personnel are available in appropriate ratios to provide services for persons across all disabilities at the central, State, Local Government levels.
d. provide personnel to monitor the conduct of training at State, Local Government levels to ensure effective functioning of institutions and professionals.
(2) In order to fulfill the obligation stated in sub section(1) the State Government shall every three years undertake a needs based analysis and formulate plans for the recruitment, induction, sensitization, orientation and training of suitable personnel to undertake the various responsibilities outlined in this Law.
(3) Without prejudice to any function and power of the State Emergency Management Agency
and in addition to the cadre creating obligations outlined in sub section (2), the State Government and establishment shall ensure human resource development in this sector by inter
a. Mandating training on disability rights in all courses for the training of House of Assembly members, Government officials, the police , judges,lawyers and judicial officers;
b. Induction of disability as a component for all education courses/ programmes for school, college and university teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, engineers, architects, other professionals and community workers;
c. Initiating capacity building programmes, including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support;
d. Ensuring independence training for persons with disabilities to build community relationships on mutual contribution and respect;
e. Conducting training programmes for sports teachers with focus on sports, games, adventure,athletics and skill demonstration of persons with disabilities.
(4) All tertiary Institutions in the State shall promote teaching and research in disability studies including,establishment of centres for such studies.
53. Disability Audit
(1) The State Government shall undertake an audit of all general schemes and programmes in order to ensure that they do not have an adverse effect upon persons with disabilities and meet the requirements and concerns of persons with disabilities.
54. Competent Authority
The State Committee for persons with disabilities shall register institutions and organizations for persons with disabilities for the purpose of grants for programmes and support for persons living with disabilities in the state
55. Registration of Institutions for Persons with Disabilities
Save as otherwise provided under this Law, no person shall establish or maintain any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the state committee; Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Law may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application; Provided further that an institution for care of mentally ill persons, which holds a valid License before the commencement of this Law, shall not be required to be registered under this Law.
56. Certificate of Registration
(1) Every application for a certificate of registration shall be made to the state committee in such form and in such manner as may be prescribed by the State Government.
(2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has complied with the requirements of this Law and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall, by order, refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in such manner as may be prescribed by the State Government.
(3) No certificate of registration shall be granted under sub-section (2) unless the institution, with respect to which an application has been made, fulfills such facilities and meet such norms and standards as may be prescribed, Provided that different norms and standards may be prescribed for institutions catering to persons with different types and degrees of disabilities.
(4) A certificate of registration granted under this section,-
(a) shall, unless revoked under Section 61, remain in force for such period as may be prescribed by the State Government.
(b) may be renewed from time to time for a like period; and
(c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government.
(5) An application for renewal of a certificate of registration shall be made not less than sixty days before the period of validity.
(6) The certificate of registration shall be displayed by the institution in a conspicuous place.
(7) Every application made under sub-section (1) or (5) of this Section shall be disposed of by the Competent Authority within such period, as may be prescribed.
57. Revocation of Certificate
(1) The competent authority may, if it has reason to believe that the holder of a certificate of registration granted under sub-section (2) of Section 56 has –
(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or
(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted.
It may, after making such inquiry, as it deems fit, by order, revoke the certificate:
Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not be revoked.
(2) Where a certificate in respect of an institution has been revoked under subsection
(1), such institution shall cease to function from the date of such
Provided that where an appeal lies under section 58 against the order of revocation, such institution shall cease to function –
(a) where a appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal, or
(b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.
(3) On the revocation of a certificate in respect of an institution, the competent
authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be –
(a) restored to the custody of her or his parent, spouse or lawful guardian, as the case may be, or
(b) transferred to any other institution specified by the competent authority.
(4) Every institution which holds certificate of registration which is revoked under this
section shall, immediately after such revocation, surrender such certificate to the competent authority.
(1) Any person aggrieved by the order of the competent authority refusing to grant a certificate or revoking a certificate may, within such period as may be prescribed by the State Government, prefer an appeal against such refusal or revocation to such appellate authority as the State Government may notify in this behalf.
(2) The order of the appellate authority on such appeal shall be final.
59. Financial Assistance to Registered Institutions
The State Government shall grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the provisions of this Law.
60. Power of State Government to Notify Guidelines for Assessment of
(1)The State Government shall, from time to time, notify guidelines to be followed by certifying authorities in assessing the extent of specified disability in a person.
(2) The guidelines under sub-section (1) shall be notified after obtaining advice of a Technical Committee, constituted in such manner as may be prescribed, and after following such procedure, as may be prescribed.
61. Designation of Certifying Authorities
(1) The appropriate Government, or any authority empowered by it in this behalf, shall designate persons, having requisite qualifications and experience, as certifying authorities, who will be competent to certify that a person has a specified disability, and the extent of such disability.
(2) While designating a certifying authority, the State Government or the authority empowered by it in this behalf, shall specify the jurisdiction within which, and the terms and conditions subject to which, the certifying authority will perform its certification functions.
62. Procedure for Certification of Specified Disabilities
(1) Any person, who believes himself to be having a specified disability, may apply, in such manner as may be prescribed, to a certifying authority having jurisdiction, for being assessed and issued a certificate of disability.
(2) On being approached under sub-section(1), the certifying authority shall proceed to assess the disability of the concerned person in accordance with relevant guidelines notified under Section 60, and shall, after such assessment, as the case may be:-
a) Issue a certificate to such person, in such form as may be prescribed, showing the disability which the person has, and its extent; or
b) Inform him in writing that he has, on assessment, been found to have no specified disability.
63. Appeal against a Decision of the Certifying Authority
(1) Any person who is aggrieved with either the nature of a disability certificate issued to him by a certifying authority, or by the determination of such authority that the person has no specified disability, may appeal against such decision, within such time and in such manner as may be prescribed, to such appellate authority as the state government may designate for the purpose.
(2) The appellate authority mentioned in sub-section (1) shall, on receipt of an appeal, proceed to re-assess the appellant and after such re-assessment;
a) either uphold the determination of the certifying authority; or
b) if it is of the opinion that the certifying authority has committed an error, rescind the decision of the certifying authority, and issue a certificate as it deems fit.
64. Constitution of Committee for Persons with Disabilities
(1) The State Government shall, by notification, constitute a body to be known as the Committee for Persons with Disabilities to exercise the powers conferred upon, and to perform the functions assigned to it, under this Law.
(2) The Commission shall consist of the following Members, namely:
a) a Chairperson who is a person of eminence with a distinguished record of service in the field of disability, and
b) six members, of whom at least three shall be persons with disabilities, having a distinguished record of service in the fields of rehabilitation, advocacy, law, management, technology etc. concerning disability matters, and at least two members shall be women,
c) The Chairperson and the Members shall be appointed by the Governor.
65. Term of office of Chairperson and Members
The Chairperson and members of the Committee shall hold office for a term of three years from the date on which he enters upon his office and shall be eligible for reappointment for another term of three years.
66. Resignation and Removal of Chairperson and Members
(1) The Chairperson or any member may, by notice in writing under his hand addressed to the State Government, resign his office.
(2) Subject to the provisions of sub-section (1), the Chairperson or any member shall only be removed from his office by order of the State Government on the ground of proven misbehaviour or incapacity to perform his duties or in the interest of the Committee.
67. Member to act as Chairperson or to Discharge his Functions in Certain Circumstances
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the State Government may, by notification, authorise one of the members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, one of the members as the State Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
68. Terms and Conditions of Service of Chairperson and Members
The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and the Members shall be as may be determined by the Governor.
69. Vacancies, etc., not to Invalidate the Proceedings of the Committee
No Law or proceedings of the Committee shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the Committee.
70. Procedure to be Regulated by the Committee
(1) The Committee shall meet at such time and place as the Chairperson may think fit.
(2) Subject to the provisions of this Law and the rules made there under, the Committee shall have the power to lay down, by regulations, its own procedure.
(3) All orders and decisions of the Committee shall be authenticated by the Secretary or any other officer of the Committee duly authorised by the Chairperson in this behalf.
71. Functions of the Committee
The Committee shall perform all or any of the following functions, namely:-
a) identify, suo-moto, or on a representation received, provisions of any laws, policies, programmes and procedures, which are inconsistent with this Law, and recommend necessary corrective steps;
b) inquire, suo-moto or on a complaint by an affected person with disability or any person or organization on his behalf, with respect to deprivation of his rights and safeguards in respect of matters for which the violator is the State government and take up the matter with the appropriate authorities for corrective Action, as necessary;
c) intervene in any proceeding involving any allegation of violation of the rights of persons with disabilities pending before a court with the approval of such court;
d) review the safeguards provided by or under this Law or any law for the time being in force for the protection of rights of persons with disabilities and recommend measures for their effective implementation;
e) review the factors that inhibit the enjoyment of rights of persons with
disabilities and recommend appropriate remedial measures;
f) study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation;
g) undertake and promote research in the field of the rights of persons with disabilities;
h) promote awareness of the rights of persons with disabilities and promote awareness of the safeguards available for their protection;
i) monitor implementation of the provisions of this Law and of schemes, programmes, etc., meant for persons with disabilities;
j) monitor utilization of funds disbursed by the State Government for the benefit of persons with disabilities; and
k) such other functions as the State Government. may assign.
72. Action by Appropriate Authorities on the Commission’s Recommendations made after Enquiry into a Complaint
Whenever the Committee makes a recommendation to an authority in pursuance of clause (b) of Section 71, that authority shall take necessary Action on it, and inform the Committee of the Action taken within three months from the date of receipt of the recommendation;
Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the Committee within the above period of three months, and shall also similarly inform the aggrieved person.
73. Powers of the Committee
(1) The Committee shall, for the purpose of discharging its functions under the Law, shall liaise with the Ekiti State Citizen’s Rights Centre, for the enforcement of the rights of people with disability.
74. Annual and Special Reports of the Committee
(1) The Committee shall submit an annual report to the Attorney –General and Commissioner for Justice and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report.
(2) The Attorney-General shall cause the annual and special reports of the Committee to be sent to the State Executive Council, along with a memorandum of Action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.
75. Establishment of a State Fund for Persons with Disabilities
(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted for the purposes of this Law, a Fund to be called the State Fund for Persons with Disabilities.
(2) The State Fund for Persons with Disabilities shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Law, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued in the name of the State Fund for Persons with Disabilities.
76. Governing Body of the Fund
(1) The State Fund for Persons with Disabilities shall be governed by the Committee for Persons with disabilities.
77. Sources of Income for the State Fund for Persons with Disabilities
As from the date of constitution of the State Fund for Persons with Disabilities the following shall be credited into it, viz.:
a) all moneys received from the State Government;
b) all moneys received by the Fund by way of grant, gifts, donations, beneficiations, bequests or transfers; and
c) all moneys received by the fund in any other manner or from any other source.
78. Management and Utilization of the Fund
(1) State Government may from time to time fix an amount to be known as the corpus of the Fund;
(2) An amount equal to the corpus shall be invested in such manner as may be prescribed and shall not be spent, except with the prior approval of the State Government.
(3) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as the Governing body, may, subject to the general guidelines of the State Government, decide.
(4) Amounts in excess of the corpus, including the interest accruing on the corpus, may be spent for one or more of the following purposes in relation to persons with disabilities:
i. education, health and rehabilitation
ii. vocational training and employment
iii. generation of awareness
iv. administrative and other expenses of the Fund, as may be required to be incurred by or under this Law, and
v. such other purposes as may be prescribed.
The Fund shall prepare, in such form and at such time in each financial year as may be prescribed, the budget for the next financial year showing the estimated receipt and expenditure of the Fund, and shall forward the same to the State Government.
80. Accounts & Audit
(1) The Fund shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Trust including the income and expenditure accounts in such form as the State Government may prescribe and in accordance with such general direction as may be issued by that Government in consultation with the Auditor-General of the State.
(2) The accounts of the Fund shall be audited by the Auditor General of the State at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable by the Fund to the Auditor-General of State.
(3) The Auditor-General of the State and other person appointed by him in connection with the audit of the accounts of the Fund shall have the same rights, privileges and authority in connection with such audit as the Auditor-General of the State generally has in connection with the audit of the Government accounts, and in particular, shall have the right to demand production of books of accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Fund.
(4) The accounts of the Fund as certified by the State Auditor-General of the or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the State Government, which shall cause the same to be laid before each House of Parliament.
81. Annual Report
The State Fund shall prepare every year, in such form and within such time as may be prescribed, an annual report giving a true and full accounts of its Activities during the previous financial year and copies thereof shall be forwarded to the State Government, which shall cause the same to be laid before each House of Assembly.
82. Returns & Information
The State Fund shall furnish to the State Government such reports, returns and other information as that Government may require from time to time.
83. Powers of State Government
(1) Without prejudice to the foregoing provisions of this Law, the State Fund shall, in exercise of its power or the performance of its duties under this Law, be bound by such directions on questions of policy as the State Government may give to it in writing from time to time: Provided that the Fund shall, as far as applicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) The decision of the State Government on whether a question is one of policy or not shall be final.
84. Exemption from Tax on Income
Notwithstanding anything contained in the Company Income-tax Act Cap.C21, 2004, or any other law for the time being in force relating to tax on income, profits or gains, the Trust shall not be liable to pay income-tax or any other tax in respect of its income, and profits or gains derived there from.
85. Protection of Action Taken in Good Faith
No suit, prosecution or other legal proceeding shall lie against the State Government or the Trust or any member of the Committee or any officer or other employee of the Trust or any other person authorized by the Board to perform duties under this Law for any loss or damage caused or likely to be caused by anything which is done in good faith.
86. Punishment for Contravention of Section 50, 51, 55 & 57
Any establishment, which contravenes the provisions of sub-section (1) of section 50, section 51, 55 or sub-sections (2), (3) & (4) of section 57, shall be punishable with fine which may extend to N50,000 and with additional fine of N10,000 per day for each day of continued contravention after the date of the original order imposing punishment of fine.
87. Offences by Establishments
(1) Where any offence under this Law has been committed by any Ministry or Government parastatals, every person who, at the tim the offence was committed, was the appointed head or was directly in charge of, and was responsible to the establishment for th conduct of its business, as well as the establishment, shall be deemed to be guilty of the offence, and shall be liable to be proceede against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to an punishment provided in this Law, if he proved that the offence was committed without his knowledge or that all due diligence was
exercised to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Law has been committed by an establishment and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any other officer of the establishment, such person shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
88. Penalty for Hate Speech
Whoever voluntarily or knowingly commits or abets the offence by words, either spoken or written, or by signs or by visible representations or otherwise, shall be punished with fine.
89. Penalty for Assault or Use of Force
Whoever assaults or uses force to any child or woman, intending thereby to dishonour or outrage modesty of that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to two years .
90. Penalty for Denial of Food and Fluids
Whoever voluntarily or knowingly denies food or fluids to any persons with disability or aids or abets in such denial shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine.
91. Penalty for Sexual Exploitation
Whoever, being in a position to dominate the will of a child or woman with disability, and uses that position to exploit sexually to which the child or woman would not have otherwise agreed, shall be punished with imprisonment for a term which may extend to six years and with fine.
92. Penalty for Wrongful Medical Procedures
(1) Whoever performs, conducts or directs any medical procedure to be performed on a person with disability which leads to or is likely to lead to infertility shall be punishable with imprisonment for a period not exceeding seven years and with fine;
(1) Any person acting as a care-giver of the person with disability, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to facilitate, or negligently fails to prevent such medical procedure from being performed, shall be punishable with imprisonment which may extend to five years and with fine.
93. Punishment for Injury to Persons with Disability
Whoever voluntarily injures, damages or interferes with the use of any limb or sense or faculty of a person with disability, permanently or temporarily shall be punishable with imprisonment for a term which shall not be less than six months but which may extended to eight years, and with fine, or with both.
94. Penalty for Forceful Termination of Pregnancy
(1) Whoever performs conducts or directs any medical procedure to be performed on a woman with disability which leads to or is likely to lead to termination of pregnancy without her express consent shall be punishable with imprisonment for a period not exceeding ten years and with fine;
(2) Any person acting as a care-giver of the woman with disability, whether as parent or guardian or in any other capacity, lawful, who does any act to facilitate, or negligently fails to prevent such medical procedure from being performed, shall be punishable with imprisonment which may extend to seven years and with fine.
95. Penalty for Fraudulently Availing or Conferring Benefit Meant for Persons with Benchmark Disabilities
Whoever fraudulently avails or attempts to avail or confer or attempt to confer any benefit meant for persons with benchmark disabilities on a person not entitled to such benefit shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to N50,000 or both.
96. Penalty for Failure to Furnish Information
Whoever fails to produce any book, account or other document or to furnish any statement, information or particulars which, under this Law or any order, regulation or direction made or given there under, he is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Law or of any order, regulation or direction made or given thereunder, shall be punishable with fine which may extend to twenty five thousand naira in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand naira for each day, of continued failure or refusal after the date of original order imposing punishment of fine.
97. Law to be in Addition to and not in Derogation of any other Law
The provisions of this Law or the rules made there under shall be in addition and not in derogation of any other legislation, rules, orders or instructions which provides any entitlement or benefit to persons with disabilities.
98. Action Taken in Good Faith
No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Law or any rule there made under
99. Power to Remove Difficulties
(1) If any difficulty arises in giving effect to the provisions of this Law, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Law as appear to it to be necessary or expedient for removing the difficulty; Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Law.
(2) Every order made under this section shall as soon as may be after it is made, be laid before each House of parliament.
100. Power to Make Regulation
(1) The Attorney-General may, by notification, make regulation for carrying out the provisions of this Law.
(2) In particular, and without prejudice to the generality of foregoing powers, such regulation may provide for all or any of the following matters, namely:-.
a. such other functions which the Committee may perform under this Law,
b. allowances which members shall receive under this Law
c. rules of procedure which the Committee shall observe in regard to transaction of business in its meetings .
d. such other functions which the Committee may perform .
e. the form and the manner in which record shall be maintained by an employer.
f. any other matter which is required to be or may be prescribed under this Law..
(3) Prior to the formation of the regulation, the state government shall make available the draft of the rules in accessible formats to the members of the public and invite their suggestions and objections to the same.
(4) Every regulation made by the Committee under this Law shall be sent, as soon possible to the State House of Assembly.
The Ekiti State Rights of Persons with Disabilities Law.No.6 of 2009 is hereby repealed..
In this Law, unless the context otherwise requires:
(a) ‘abuse’ includes verbal and physical abuse;
(b) ‘appellate authority’ means an authority designated under sub-section (1) of Section 57 or sub-section (1) of Section 62 of this Law, as the case may be;
(c) ‘appropriate government’ means:-
i. In relation to an establishment of the State Government, or an establishment, wholly or substantially owned or financed by that Government.
ii. In all other cases, the State Government.
(d) ‘augmentative and alternative communication (AAC)’ are alternative systems or methods of communication that may supplement or complement the use of one’s own speech to fulfill the daily communication needs of persons with speech, communication or language disabilities in accordance with their requirements and enables them to participate and contribute to their community and society;
(e) ‘barrier’ means any factor including attitudinal, communicational, cultural, economic, environmental, institutional, political, religious, social or structural factors which hampers the full and effective participation, of persons with disabilities in society;
(f) ‘care giver’ is a person who on payment provides care, support or assistance to a person with disability;
(g) ‘communication’ includes languages, display of text, Braille, communication, signs, large print, accessible multimedia as well a written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;
(h) “certifying authority”, in relation to certification of a person with benchmark disability, means an authority designated under sub-section (1) of section 61 of this Law;
(i) ‘competent authority’ means an authority appointed under sub-section(1) of section 42 or section 54 of this Law;
(j) ‘convention’ means the United Nations Convention on the Rights of Persons with Disabilities;
(k) ‘disabled persons’ organization’ (DPO) means an organization registered under any Act of the National Assembly or the State House of Assembly, and controlled by a majority of persons with disabilities at the board and membership levels;
(l) ‘discrimination on the basis of disability’ means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination, including denial of reasonable accommodation;
(m) ‘establishment’ means and includes:
a. Departments and Ministries of Government;
b. Local authorities and authorities or bodies owned, controlled or aided by the State Government;
c. Any statutory or non-statutory body created, owned, financially or administratively controlled or aided by the State Government or any such body performing public or civic functions and includes Government Companies.
d. Any company, firm, cooperative or other society, association, trust, agency, institution, organization, union, industry, supplier of goods or services, factory or other non-statutory body.
The term ‘industry’ shall have the same meaning as assigned to it under relevant Law or Act.
(o) ‘exploitation’ means a person using the disability of another person to his own advantage to which he is not otherwise entitled, and/or to the latter’s disadvantage, to which such latter person is not otherwise liable;
(p) ‘higher education’ means a course of education which can be pursued after completing twelve years of school education;
(q) ‘high support’ means an intensive support – physical, psychological and otherwise, which may be needed by individuals for activities of daily living; independent and informed decision-making; accessing facilities and participating in all areas of life including education; employment; family and community life; treatment and therapy; recreation and leisure;
(r) ‘human rights’ shall have the meaning assigned to it under chapter iv of the 1999 constitution as amended.
(s) ‘inclusive education’ means a system of education wherein all students – i.e. those with and without disability – learn together, most or all of the time, and the system of teaching-learning is suitably adapted to meet the learning needs of different types of students such that learning outcomes of comparable/satisfactory quality are achieved for all students;
(t) ‘institution’ for persons with disabilities means an institution for the reception, care, protection, education, training, rehabilitation or any other service of persons with disabilities;
(u) ‘language’ includes spoken and signed languages and other forms of non spoken languages;
(v) ‘local authority’ means a local Government council, or any other authority, established under any Law of the State House of Assembly.
(x) ‘person with benchmark disability’ means a person with not less than forty percent of a specified disability, as certified by a competent authority;
(y) ‘person with disability’ means a person with long term physical, mental,intellectual or sensory impairment which, in interaction with various barriers, may hinder his full and effective participation in society on an equal basis with others;
(z) ‘person with disability having high support needs’ means a person with benchmark disability who is certified under section 41 to require high support on an ongoing basis, and may, in particular, include such persons confined to their homes or living in institutions, or who may be concealed, neglected or segregated, or destitute or homeless;
(aa) ‘prescribed’ means prescribed by rules made under this Law;
(bb) ‘prohibited grounds’ are the grounds on the basis of which persons with disabilities may be discriminated against, and include the following grounds:
ii. Perceived disability, whether the perception is accurate or otherwise, or;
iii. Association of a person with persons to whom one or more prohibited grounds apply, or;
iv. A combination of disability and any other ground such as religion, race, caste, tribe, place of birth, age, language, sex, gender identity, sexual orientation, pregnancy, maternity, marital status, care giver status, economic status, political or other opinion.
(cc) ‘public building’ means a building, irrespective of ownership, which is used and accessed by the public at large; and includes its entrance, exit, parking space, footpath and other appurtenant lands;
(dd) ‘reasonable accommodation’ means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all rights and fundamental freedoms;
(ee) ‘registered organization’ means an association of persons with disabilities or a
Disabled Persons’ Organisation, association of parents of persons with disabilities, association of persons with disabilities and family members, or a voluntary, non-governmental or charitable organization or trust, society, nonprofit company working for persons with disabilities, duly registered under any Law or Act;
(ff) ‘rehabilitation’ refers to a process aimed at enabling persons with disabilities to attain and maintain maximum independence, full physical, sensory, intellectual, psychiatric, social and vocational ability, and full inclusion and participation in all aspects of life.
(gg) ‘services’ means services provided by members of any profession or trade, or provided by any government, local authority or establishment and includes services relating to banking and finance; education; health; insurance;
rehabilitation; entertainment, recreation and hospitality; transport or travel; and telecommunications;
(hh) ‘specified disability’ means:
i. autism spectrum disorder;
iii. cerebral palsy;
iv. chronic neurological conditions;
vii. hearing impairment;
viii. intellectual disability;
ix. leprosy cured;
x. locomotor disability;
xi. low vision;
xii. mental illness;
xiii. muscular dystrophy;
xiv. multiple sclerosis;
xv. specific learning disability;
xvi. speech and language disability, and
xviii. multiple disability;
as defined in the Schedule.
(ii) ‘State Committee’ means a State Committee for Persons with Disabilities.
(jj) ‘universal design’ means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall also apply to assistive devices including advanced technologies for particular groups of persons with disabilities;
(kk) ‘violence’ means causing physical or mental harm or injury;
(ll) ‘voluntary care-giver’ means a person, who provides voluntary care, support and assistance to a person with disability without any payment for his work;
103. Definitions of Specified Disabilities
1. ‘Autism Spectrum Disorder’ refers to a neuro-psychological condition typically appearing in the first three years of life that significantly affects a person’s ability to communicate, understand relationships and relate to others, and is frequently associated with unusual or stereotypical rituals or behaviors.
2. ‘Blindness’ refers to a condition where a person has any of the following conditions, after best correction:
a) Total absence of sight; or
b) Visual acuity not exceeding 3/60 or 10/200 (Snellen) in the better eye, or
c) Limitation of the field of vision subtending an angle of 10 degree or worse.
3. ‘Cerebral Palsy’ refers to a Group of non-progressive neurological condition affecting body movements and muscle coordination, caused by damage to one or more specific areas of the brain, usually occurring before, during or shortly after birth.
4. ‘Chronic neurological conditions’ refers to a condition that has its origin in some part of person’s nervous system lasting for a long
period of time or marked by frequent recurrence.
5. ‘Deafblindness’ refers to a condition in which people may have a combination of hearing and visual impairments causing severe communication, developmental, and educational problems.
Deafblindness may include:
– Moderate to profound hearing and significant visual impairments;
– Moderate to profound hearing and significant visual impairments and other significant disabilities;
– Central processing problems of vision and hearing;
– Progressive sensory impairments/ significant visual impairment; and
– Possible loss of auditory processing mechanisms (associated with severe physical disability or severe cognitive disability) and severe
6. ‘Hemophilia’ refers to an inheritable disease, usually affecting only males but transmitted by women to their male children, characterized by loss or impairment of the normal clotting ability of blood so that a minor would may result in fatal bleeding.
7. ‘Hearing Impairment’ refers to loss of 60 decibels hearing level (HL) or more in the better ear in the conversational range of frequencies.
8. ‘Intellectual Disability’ refers to a condition characterized by significant limitations both in intellectual functioning (reasoning,
learning, problem solving) and in adaptive behavior, which covers a range of everyday social and practical skills.
9. ‘Leprosy cured person’ refers to any person who has been cured of leprosy but is suffering from:
a) Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
b) Manifest deformity and paresis but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;
c) Extreme physical deformity as well as advanced age which prevents him/her from undertaking any gainful occupation, and
the expression “leprosy cured” shall construed accordingly.
10. ‘Locomotor Disability’ refers to a person’s inability to execute distinctive Activities associated with movement of self and objects resulting from affliction of musculoskeletal and/or nervous system.
11. ‘Low-vision’ refers to a condition where a person has any of the following conditions, namely:
a) Visual acuity not exceeding 6/18 or 20/60 and less than 6/60 or 20/200 (Snellen) in the better eye with correcting lenses; or
b) Limitation of the field of vision subtending an angle of more than 10 degree and up to 40 degree.
12. ‘Mental Illness’ refers to a chronic disturbance of mood, thought, perception, orientation or memory which causes significant impairment in a person’s behavior, judgment and ability to recognize reality or impairs the persons’ ability to meet the demands and acitivities of daily life.
13. ‘Multiple Dystrophy’ refers to a group of hereditary genetic muscle disease that weakens the muscles that move the human body. People with MD have incorrect or missing information in their genes, which prevents them from making the proteins they need for healthy muscles. It is characterized by progressive skeletal muscle weakness, defects in muscle proteins, and the death of muscle cells and tissue.
14. ‘Multiple Slerosis’ refers to an inflammatory, nervous system disease in which the myelin sheaths around the axons of nerve cells of the brain and spinal cord are damaged, leading to demyelination and affecting the ability of nerve cells in the brain and spinal cord to
communicate with each other.
15. ‘Specific Learning Disabilities’ refers to a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia.
16. ‘Speech & Language Disability’ means a permanent disability arising out of conditions such as Laryngectomy or Aphasia affecting one or more components of Speech and Language due to organic or neurological causes.
17. ‘Thalassemia’ refers to a group of inherited disorders characterized by reduced or absent amounts of hemoglobin.
18. ‘Multiple disability’ mean two or more of the specified disabilities listed at S.No.1 to 17 above, occurring in a person at the same time.
Made this…………………………… day of ………………………….2013
DR KAYODE FAYEMI
GOVERNOR, EKITI STATE