FOURTH REPUBLIC
Persons With Disability Act,
2006
Act 715
ARRANGEMENT OF
SECTIONS
Rights of
persons with disability
1)
Right to
family life and social activities
2)
Differential
treatment in respect of residence
3)
Living
conditions in specialised establishments
4)
Exploitation
of and discrimination against a person with
disability
5)
Party to
judicial proceedings
6)
Access to
public places
7) Access to pub
lie services
8). Penalty for
contravention
Employment of
persons with disability
9)
Public
employment centres
10)
Promotion of
employment of persons with disability
11)
Provision of
tools
12)
Posting,
transfer and redeployment of person with disability
13)
Appropriate
training for the unemployed person with disability
14)
Rehabilitation Centres
15. Community based
rehabilitation
Education of
persons with disability
16. Education
of a child with disability
17 Facilities and
equipment in educational institutions Free
18 education and
special schools
19 Appropriate
training for basic school graduates
20 Refusal of
admission on account of disability
21 Special
education in Technical, Vocational and Teacher
Training Institutions
22 Library
facilities
Transportation
23. Integration
of needs of persons with disability
24. Importation of
non-conventional vehicles
25A person with
disability as pedestrian
26. Parking places
for persons with disability
27 Ownership of
driving licence
28 Facilities at
port tcnninals
29 Reserve seats on
vehicles
30 Contravention of
sections 25 and 29
Health-care
and facilities
31)
Medical
treatment
32)
Trainingofhea1th professionals
33)
Health
programmes
34)
Periodic
screening of children
35)
Establishment of assessment centres
Miscellaneous
provisions
36)
Incentive
for manufacturers of technical aids and appliances
37)
Derogatory
names
38)
Access to
sporting events, festivals and cultural activities
39)
Participation in national activities
40. Law enforcement
and persons with disability
Establishment
and functions of National Council on Persons with
Disability
41)
Establishment of National Council on Persons with
Disability
42)
Object and
functions of the Council
43)
Governing
body of the Council
44)
Tenure of
office of members
45)
Meetings of
the Board
46)
Disclosure
of interest by a Board member
47)
Appointment
of Committees
48)
Allowances
.of members
49)
Regional and
district offices
50)
Register
Administrative and financial provisions
51)
Executive
Secretary
52) Functions of
the Executive Secretary
53). Appointment of
other staff
54). Delegation of
power of appointment
55)
Funds of the
Council
56)
Accounts and
audit
57)
Annual
report and other reports
58)
Regulations
59)
Interpretation
60)
Transitional
provisions
THE SEVEN
HUNDRED AND FIFTEENTH
ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
PERSONS WITH
DISABILITY ACT - 2006
AN ACT to provide
for persons with disability, to establish a National
Council on Persons with Disability and to provide
for related matters.
DATE OF ASSENT:
9th August, 2006.
ENACTED by the
President and Parliament:
Rights of
persons with disability
Right
to family life and social activities
1. A person with
disability shall not be deprived of the right to
live with that person's family or the right to
participate in social, political, economic, creative
or recreational activities.
Differential
treatment in respect of residence
2. Except as
otherwise required by the condition or the need for
improvement of a person with disability, a person
shall not subject a person with disability to
differential treatment in respect of residence.
Living
conditions in specialized establishments
3. Where a person
with disability has to be put in a specialised
establishment, the environment and living conditions
of the establishment shall, except as otherwise
required by the condition of the person with
disability, be as close as possible to those of a
person without disability of the same age as the
person with disability.
Exploitation of
and discrimination against a person with disability
4. (1) A person
shall not discriminate against, exploit or subject a
person with disability to abusive or degrading
treatment. .
(2) An employer
shall not discriminate against a prospective
employee or an employee on grounds of disability
unless the disability is in respect of the relevant
. employment.
Party to
Judicial proceedings
5. Where a person
with disability is a party in judicial proceedings,
the adjudicating
body shall take into account the condition of the
person with disability and provide appropriate
facilities that enable the person with disability to
participate effectively in the proceedings.
Access to public
places
6. The owner or
occupier of a place to which the public has access
shall provide appropriate facilities that make the
place accessible to and available for use by a
person with disability.
Access to public
services
7. A person who
provides any service to the public shall put in
place the necessary facilities that make the service
available and accessible to a person with
disability.
Penalty for
contravention
8. A person who
contravenes section I, 2, 4, 6 or 7 commits an
offence and is liable on summary conviction to a
fine not exceeding fifty penalty units or to a term
of imprisonment not exceeding three months or to
both.
Employment of
persons with disability
Public employment
centres
9. The Ministry
shall through the public employment centres, assist
to secure jobs for persons with disability.
Promotion of
employment of persons with disability
10. (1) The
Government shall grant a person who employs a person
with disability an
annual tax rebate of the taxable income in respect
of each person with disability employed as shall be
prescribed in Regulations made under this Act.
(2) The Government
shall grant special incentives to persons with
disability engaged in business and also to business
organisations that employ persons with disability.
Provision of
tools
11. A person
who employs a person with disability shall provide
(a) the relevant working tools, and
(b)
appropriate
facilities
required by the
person with disability for the efficient performance
of the functions required by the employment.
Posting,
transfer and redeployment of person with disability
12. (1) An
employer shall not post or transfer a person with
disability to a section or place of the
establishment not suited for the person.
(2) Where a person
in employment suffers a disability as a result of
the employment, the employer shall counsel, re-train
and re-deploy the person to another
section more suited to the person with disability
and this shall be in addition to any other relief
which the employee is entitled to under the
Workmen's Compensation
Law, 1987 (PNDCL 187).
Appropriate
training for the unemployed person with disability
13.
(1) Where the name
of a person with disability remains on a job search
list for more than two years, the Ministry shall
take the name of that person off the list, and where
applicable
(a)
give that person
appropriate training,
(b)
provide that person
with the necessary working tools and materials,
and -
-
(c)
assist that person
to access loan capital for that person to start a
business.
(2) A person with
disability who sells the tools or materials received
under subsection (1) and a person who buys the tools
or materials given to a person with disability under
subsection (1) commits an offence and each person is
liable on summary conviction to a fine not exceeding
two hundred and fifty penalty units or to a term of
imprisonment not exceeding one year or to both.
Rehabilitation
centres
14.
(1) The Ministry
shall progressively establish rehabilitation centres
in regions and in districts for persons with
disability.
(2) A
rehabilitation centre shall offer guidance,
counselling and appropriate training for persons
with disability who are unable to enter into the
mainstream of social life.
(3) A
rehabilitation centre shall be provided with the
staff and other facilities that are necessary for
the performance of its functions.
Community based
rehabilitation
15.
The Ministry shall
ensure that as far as practicable persons with
disability, shall be rehabilitated in their
communities, to foster their integration.
Education of
persons with" disability
Education of a
child with disability
16.
(I) A parent,
guardian or custodian of a child with disability of
school going age shall enroll the child in a school.
(2) A parent,
guardian or custodian who contravenes subsection (1)
commits an offence and is liable on summary
conviction to a fine not exceeding ten penalty
units, or to a term of imprisonment not exceeding
fourteen days.
Facilities and
equipment in educational institutions
17.
The Minister of
Education shall by Legislative Instrument designate
schools or institutions in each region which shall
provide the necessary facilities and equipment that
will enable persons with disability to fully benefit
ITom the school or institution.
Free education
and special schools 18.
The Government
shall
(a) provide free education for a person with
disability, and _
(b)
establish special
schools for persons with disability who by reason of
their disability cannot be enrolled in formal
schools.
Appropriate
training for basic school graduates
19.
Where a person with
disability has completed basic education but is
unable to pursue further formal education, the
Ministry shall provide the person with appropriate
training.
Refusal of
admission on account of disability
20.
(I) A person
responsible for admission into a school or other
institution of learning shall not refuse to give
admission to a person with disability on account of
the disability unless the person with disability has
been assessed by the Ministry responsible for
Education in collaboration with the Ministries
responsible for Health and Social Welfare to be a
person who clearly requires to be in a special
school for children or persons with disability.
(2) A person who
contravenes subsection (I) commits an offence and is
, liable on summary conviction to a fine not
exceeding fifty penalty units or imprisonment
for a term not exceeding three months or to both.
Special education
in technical, vocational and teacher training
institutions 21 .. The Minister of Education shall
by Legislative Instrument designate in each region
public. technical, vocational and teacher training
institutions which shall include in their curricula
special education, such as.
(a)
sign language, and
(b)
braille writing
and reading.
Library
facilities
22.
A public library shall as far as practicable be
fitted with facilities that will enable a person
with disability to use the library.
Transportation
Integration of needs of persons with disability
23.
The Ministries responsible for rail, air and road
transport and where appropriate
the Ministry of local Government shall ensure that
the needs of persons with disability are taken into
account in the design, construction and operation of
the transportation network.
Importation of
non-conventional vehicles
24.
(1) A person with disability may import a vehicle
adapted or modified for use by persons with
disability.
(2) A person
without disability shall not import a vehicle
adapted or modified
for use by persons with disability except with the
express approval of the Minister.
(3) A vehicle
imported under subsection (1) shall upon the
recommendations of
the Minister and with the approval of the Minister
for Finance be exempt from the payment of import
duty and any other tax relating to the importation.
(4) A vehicle
imported under subsection (1) shall not be
re-exported.
(5) A person who
contravenes subsection (4) commits an offence and is
liable on summary conviction to a fine not exceeding
two hundred and fifty penalty units or to a term of
imprisonment not exceeding twelve months or to both.
A person with
disability as pedestrian
25.
A motorist shall stop for a person with disability
who shows an intention to cross the road either at a
pedestrian crossing or at an appropriately
designated point for crossing by persons with
disability.
Parking places
for persons with disability
26.
(1) A District Assembly or an operator of a parking
lot shall demarcate a special parking place which
shall be reserved for the exclusive use of persons
with disability.
(2) Without
limiting subsection (1), each public place for
parking vehicles shall have a clearly demarcated
area for the exclusive use of persons with
disability.
Ownership of driving licence
27.
A person with a
hearing disability may own a driving licence upon
passing a driving test and satisfying conditions
prescribed by the Driver and Vehicle Licensing
Authority.
Facilities at
port terminals
28.
(1) The Civil
Aviation Authority and any other authority
responsible for the management of a port shall
provide facilities that will aid the movement of a
person with disability at the port.
(2) An airline
operating from an airport in the country shall
before a flight, set up a special desk to check-in
persons with disability.
Reserve seats on
vehicles
29.
A person
responsible for the booking of passengers on a
commercial bus shall reserve at least two seats for
persons with disability except that where the bus is
full without the reserved seats having been
occupied, the driver or the person responsible for
putting passengers on the bus may, fill the reserved
seats with other passengers.
Contravention of
~ections
25 and 29 .. 30. A person who
contravenes sections 25 and 29 commits an offence
and is liable on summary conviction to a fine not
exceeding fifty penalty units or to a tenn of
imprisonment not exceeding three months or to both.
Health-care
and facilities
Medical
treatment
31.
The Ministry of
Health in formulating health policies shall provide
for free general and specialist medical care,
rehabilitative operation treatment and appropriate
assistive devices for persons with total disability.
Training
of health
professionals
32.
The Ministry of
Health shall include the study of disability and
disability related issues in the curricula of
training institutions for health professionals to
develop appropriate human resources to provide
general and specialised rehabilitation
services.
Health
programmes
33.
The Ministry of
Health shall include education on disability and
disability issues in health care programmes.
Periodic
screening of children
34.
The Ministry of
Health in collaboration with the Ministries
responsible for Education and Social Welfare shall
provide for the periodic screening of children in
order to detect, prevent and manage disability.
Establishment of
assessment centres
35.
The
MinistryofHea1th in collaboration with District
Assemblies and the Ministry responsible for Social
Welfare shall establish and operate health
assessment and resource centres in each district and
provide early diagnostic medical attention to
mothers and infants to detennine the existence or
onset of disability.
Miscellaneous
provisions
Incentive for
manufacturers of technical aids and appliances
36.
A person who
manufactures technical aids or appliances in the
country for the use of persons with disability shall
be given tax exemption that the Minister in
consultation with the Minister for Finance may
determine in Regulations.
Derogatory names
37.
(1) A person shall
not call a person with disability derogatory names
because of the disability of the person.
(2) A person who
contravenes subsection( 1) commits an offence and is
liable on summary conviction to a fine not exceeding
fifty penalty units or to a term. of imprisonment
not exceeding three months or to both.
Access to
sporting events, festivals and cultural activities
38.
The Ministry
responsible for Education and Sports, the District
Assemblies and the
National Commission for Culture shall as far as
practicable ensure, through the provision of
adequate facilities, programmes and incentives, that
persons with
disability have access to sports and cultural
events.
Participation in
national activities
39.
A person or
institution which organises a national, regional or
district activity, shall as far as practicable
ensure that facilities are made available for the
participation in
the activity by persons with disability.
Law enforcement
and persons with disability
40.
(1) Law enforcement
agencies shall take into consideration the
disability of ' a person on arrest, detention, trial
or confinement of the person and provide for that
person accordingly.
(2) Institutions
for the training of law enforcement personnel, shall
have as part of their curricula, the study of
disability and disability related issues.
Establishment
and functions of National Council on Persons with
Disability
Establishment
of
National Council on Persons with Disability
41.
(1) There is
established by this Act a body to be known as the
National Council on Persons with Disability.
(2) The Council is
a body corporate with perpetual succession, find a
common seal and may sue or be sued in its corporate
name.
(3) The Council may
for the performance of its functions acquire and
hold movable or immovable property and may enter
into a contract or any other transaction.
(4) Where there is
hindrance to the acquisition of the property, the
property may be acquired for the Council under the
State Property and Contracts Act 1960 (C.A.6) or the
State Lands Act, 1962 (Act 125) and the costs shall
be borne by the Council.
Object and
functions ofthe Council
42.
(1) The object of
the Council is to propose and evolve policies and
strategies to
enable persons with disability enter and participate
in the mainstream of the national development
process.
(2) To achieve the
object, the Council shall
(a)
monitor and
evaluate disability policies and programmes,
(b)
formulate
strategies for broad-based inter-sectoral,
interdisciplinary involvement and participation in
the implementation of the national disability
policy,
(c)
produce an
organisational manual on the operations of the
Council and its secretariat,
(d)
coordinate
disability activities;
(e)
advise the Ministry
on disability issues and submit to the Minister proposals
for appropriate legislation on disability,
(f)
mobilise resources
for the attainment of its object,
(g)
co-ordinate
activities of organisations of persons with
disability, and international organisations and
non-governmental organisations that deal with
disability,
(h)
promote studies and
research on issues of disability and provide
education and information to the public on issues of
disability,
(i)
maintain a register
of,
(i) persons with disability, and
(ii)
institutions, organisations and associations which
provide rehabilitation, services or support for
persons with disability, (j) play an advocacy
role on disability issues at all levels; and
(k)
perform other
functions that are necessary for the attainment of
its object.
Governing body
of the Council
43.
(1) For the
performance of the functions of the Council there
shall be a Board consisting of
(a)
the chairperson,
(b)
one representative
not below the rank of deputy director, of the
Ministry of Health,
(c)
one representative
not below the rank of deputy director, of the
Department of Social Welfare,
(d)
one representative
not below the rank of deputy director, of the
Ministry of Local Government and Rural Development,
(e)
one representative
of employers' associations,
(j)
one representative
not below the rank of a deputy director of the
Ministry of Education,
(g)
one representative
not below the rank of deputy director of the
Ministry of Manpower, Youth and Employment,
(h)
three
representatives of organisations of persons with
disabilities one of whom is a woman, nominated on
rotational basis by the organisations,
(i)
one representative
not below the rank of a deputy director from the
Ministry responsible for Women and Children's
Affairs, and
(j)
two other persons,
·one of whom is a woman,
(2) The chairperson
and other members of the Board shall be appointed by
the President in accordance with article 70 of the
Constitution.
Tenure of office
of members
.
44.
(1) A member of the
Board shall hold office for a period of three years
and is eligible for re-appointment but a member
shall not hold office for more than two terms in
succession.
(2) Where a member
resigns, dies, is removed from Office or is for a
sufficient reason unable to act as a member, the
Minister shall notify the President of the vacancy
and the President shall acting on the advice of the
nominating authority and in consultation with the
Council of State appoint another person to hold
office for the unexpired portion of the member's
term of office.
(3) A
member of the Board may at any time resign from
office in writing addressed to the President through
the Minister.
(4) A
member of the Board who is absent from three
consecutive meetings of the Board without sufficient
reason ceases to be a member of the Council.
(5) The
President may by letter addressed to a member revoke
the appointment of that member.
Meetings of the
Board
45.
(1) The Board shall
meet at least once every three months for the
despatch of business at the times and in the places
determined by the chairperson.
(2) The
chairperson shall at the request in writing of at
least one-third of the members of the Board convene
an extraordinary meeting of the Board at the place
and time determined by the chairperson.
(3) The quorum
at a meeting of the Board is nine members of the
Board or a greater number determined by the Board in
respect of an important matter.
(4) The
chairperson shall preside at meetings of the Board
and in the absence of the chairperson, a member of
the Board elected by the members present from among
their number shall preside.
(5) Matters
before the Board shall be decided by a majority of
the members present and voting and ill the event of
an equality of votes, the person presiding shall
have a casting vote.
(6) The Board
may co-opt any person to act as an adviser at its
meetings but a co-opted member shall not. vote on
any matter for decision by the Board.
(7) The
proceedings of the Board shall not be invalidated by
reason of a vacancy among the members or a defect in
the appointment or qualification of a member.
(8) Subject
to this section, the Board shall determine and
regulate the procedure
for its meetings.
Disclosure of
interest by a Board member
46.
(1) A member of the
Board who has an interest in a matter under
consideration by the Board shall disclose in writing
the nature of that interest to the Board and is
disqualified from participating in the deliberations
of the Board in respect of that matter.
(2) A member
who fails to disclose an interest under subsection
(1) ceases to be a member.
Appointment of
Committees
47.
(1) The Board may
for the performance of the functions of the Council
appoint committees of the Board comprising members
of the Board or non-members or both.
(2) A committee
comprising entirely of non-members shall only be
advisory.
Allowances of
members
48.
Members of the
Board and members of a Committee of the Board shall
be paid allowances that the Minister in consultation
with the Minister for Finance may determine ..
Regional and
district offices of the Council
49.
(1) The Board may
establish regional and district offices of the
Council in each regional capital and in the
districts.
(2) A regional or
district office of the Council shall be provided
with public officers that the President shall
appoint in accordance with article 195 of the
Constitution.
(3) A regional or
district office of the Council shall perform the
functions of the Council in the region or district.
Register
50.
The Board shall
maintain a register in which shall be recorded
(a)
the names,
addresses and other personal particulars of persons
with disability, and
(b)
names, address of
offices and other particulars of institutions,
organisations and associations which provide
rehabilitation, services or support for persons with
disability.
Administrative and financial provisions.
Executive
Secretary
51.
(1) The President
shall in accordance with article 195 of the
Constitution appoint an Executive Secretary for the
Council.
(2) The Executive
Secretary shall hold office on the terms and
conditions specified in the letter of appointment.
Functions
of the
Executive Secretary
. 52. (1)
The Executive Secretary is responsible for the day
to day administration
of the Council and is answerable to the Board in the
performance of functions under this Act.
(2) The Executive
Secretary shall maintain the register referred to in
section 50.
(3) The Executive
Secretary shall perform any other functions
determined by the Board.
(4) The Executive
Secretary may delegate a function to an officer of
the Council but shall not be relieved from the
ultimate responsibility for the performance
of the delegated function.
Appointment of
other staff
53.
(1) The Council shall have other officers and staff
as may be necessary for the effective perfonnance of
its functions.
(2) The President
shall in accordance with article 195 of the
Constitution appoint other staff of the Council.
(3) Other public
officers may be transferred or seconded to the
Councilor may otherwise give assistance to it.
(4) The Council may
engage the services of advisers on the recommendations
of the Board.
Delegation of
power of appointment
54.
The President may in accordance with article 195(2)
of the Constitution delegate the power of
appointment of public officers under this Act.
Funds of the
Council
55.
The funds of the Council include
(a)
moneys provided by
Parliament, (b) donations, grants and gifts,
and
(c)
any other moneys
that are approved by the Minister responsible for
Finance, with the approval of Parliament.
Accounts and
audit
56.
(1) The Board shall keep books of account and proper
records in relation to them in a form approved by
the Auditor-General.
(2) The Board shall
submit the accounts of the Council to the AuditorGeneral
for audit within three months after the end of each
financial year.
(3) The
Auditor-General shall not later than three months
after the receipt of the accounts, audit the
accounts of the Council and forward a copy of the
audit report to the Minister.
(4) The Internal
Audit Agency Act, 2003 (Act 658) shall apply to this
Act. (5) The financial year of the Council is the
same as the financial year of the Government.
Annual report
and other reports
57.
(1) The Board shall within one month after the
receipt of the audit report submit an annual report
to the Minister covering the activities and the
operations of the Council for the year to which the
report relates.
(2) The annual
report shall include the report of the
Auditor-General.
. (3) The Minister
shall, within one month after the receipt of the
annual report submit the report to Parliament with a
statement that the Minister considers necessary.
(4) The Board shall
also submit to the Minister any other reports which
the Minister may require in writing.
Regulations
58.
The Minister may,
on the advice of the Board, by legislative
instrument, make Regulations providing
(a)
for minimum
standard of facilities to be provided and maintained
by public bodies or institutions so as to make those
bodies or institutions and services provided by
those bodies or institutions available to persons
with disability, and
(b)
generally for the
effective implementation of the objects of this Act.
Interpretation
59.
In this Act, unless
the context otherwise requires
"Council" means the
National Council on Persons with Disability
established under section 41;
"District Assembly"
includes Municipal and Metropolitan Assembly;
"Minister" means
the Minister responsible for Social Welfare;
"Ministry" means
the Ministry responsible for Social Welfare;
"person with
disability" means an individual with a physical,
mental or sensory impairment including a visual,
hearing or speech functional disability which gives
rise to physical, cultural or social barriers that
substantially limits one or more of the major life
activities of that individual;
"port" includes
airport, seaport, railway station and lake transport
terminal; and
"transportation
network" includes facilities used for the transport
of . passengers.
Transitional
provisions
60.
The owner or
occupier of an existing building to which the public
has access shall within ten years of the
commencement of this Act make that building accessible
to and available for use by a person with
disability.
Date of Gazette
notification: 11th August, 2006.
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