Persons with Disabilities Act, 1996
This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory order.
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- Act 33 of 1996
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Statute overview
About this statute
This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory order. This section defines key terms used in the Act. This section creates the Zambia Agency for Persons with Disabilities as a body corporate and gives it corporate powers, subject to the Act. If a judgment or order is obtained against the Agency, no execution, attachment, or other process may be issued against the Agency or its property, and the Director-General must pay the amount due from the Agency’s revenue to the person entitled. The Agency must carry out listed functions for persons with disabilities.
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Legal text
Provisions of Persons with Disabilities Act, 1996
Showing 42 of 42
Part
PART I
- 1 Verify source ↗
Short Lille and commencement
AI-assisted research summary: This section gives the Act its short title and says it starts on a date appointed by the Minister by statutory order.
1. This Act may be cited as the Persons with Disabilities Act, 1996, and shall come into force on such date as the Minister may, by statutory order, appoint. - 2 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Act.
2. In this Act, unless the context otherwise requires- " Agency " means the Zambia Agency for persons with DisabiliLies established under section three; "appointed date" means the date appointed by the Minister under section one; "association" means an association registered under section fourteen; " Board " means a management Board established under section eight; " Council " means the Zambia Council for the Handicapped Cap. 551 established under the repealed Act; 774' No. 33 of 1996] Persons with Disabilities .. "Director" means the Director of the Board appointed under section twelve; " Director-General " means the person appointed Director General of the Agency under section seven; "disability" means any restriction resulting from an impair ment or inability to perform any activity in the manner or within the range considered normal for a human being, and would orwould not entail the use of supportive or therapeu tic devices and auxiliary aids, interpreters. white cane, reading assitants, hearing aids. guide dogs or any other trained animals trained for that purpose; " Fund " means the National Trust Fund established under paragraph 9 of the Schedule; " institution " means an institution registered under section fifteen; " person with disability " means a person with a physical, mental or sensory disability, including a visual, hearing or speech functional disability; " rehabilitation " means the process through which disabled persons can partially or fully restore their physical, mental sensory, or social functional abilities; "secretary" means a person appointed secretary under section seven and twelve; " white cane " means a special walking stick used as a guide by a visually impaired person; " repealed Act " means the Hanflicapped Persons Act. PART II Establish� mentor Agency THE ZAMBIA AGENCY FOR PERSONS WITH DISAll!LITlllS
Part
PART II
- 3 Verify source ↗
Removal of member
AI-assisted research summary: This section creates the Zambia Agency for Persons with Disabilities as a body corporate and gives it corporate powers, subject to the Act.
3. (I) There is hereby established the Zambia Agency for Persons with Disabilities which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being suied in its corporate name, and shall, subject to. the provi sions of this Act, have power to do all such acts and things as body corpor�tr :ua:•Jzy. law. do or pei:form. (2) The provisions of the Schedule shall apply to the Agency. 1' Persons with Disabilities [No. 33 of 1996 775 - 4 Verify source ↗
Restriction on execution against property of Agency
AI-assisted research summary: If a judgment or order is obtained against the Agency, no execution, attachment, or other process may be issued against the Agency or its property, and the Director-General must pay the amount due from the Agency’s revenue to the person entitled.
4. Notwithstandil¼l anything contrary contained in any written Jaw, where any judgement or order has been obtained against the Agency, no execution or atlllchment or process of any nature, shall be issued against the Agency or against any pmpeny of the Agency, butthe Director-General shall cause to be paid out of the revenue of the Agency such amounts against the Agency to the person entitled thereto. Restriction on execution against property of Agency S. (I) The Agency shall consist of the fq_llowing members: (a) eight representative of associations Of, or for persons with Composition of Agency disabilities; ( b) a representative of the ministry responsible for science and technology; (c) a representative of the ministry responsible for community development and social welfare; (d) a representative of the Zambia Chambers of Commerce and Industry; (e) a representative of the ministry responsible for finance; (f) a representative of the ministry responsible for education; (g) a representative of the ministry responsible for health; (h) a resprcsentative of the Attorney-General; and (i) two members appointed by the Minister. (2) The members refemed to in subsection (I) shall be appointed by the Minister. - 6 Verify source ↗
Functions of Agency
AI-assisted research summary: The Agency must carry out listed functions for persons with disabilities.
6. The functions of the Agency shall be to-- Functions of (a) plan, promote and administer services for all categories of Agency persons with disabilities; (b) keep statistical records relating to incidences and causes of disabilities, which may be used for the planning, promo tion, administration and evaluation of services for persons with disabilities; (c) keep a register of persons with disabilities; (d) provide· rehabilitation, training, and welfare services to persons with disabilities; (e) promote research into general rehabilitation programmes for persons with disabilities; (j) promote public awareness relating to the prevention of disabilities and the e,are of persons with disabilities; (g) co-operate with ministries and other organisations in the provision of preventive, educational, training, employ ment and rehabilitation and other welfare services for persons with disabilities; 776 No. 33 of 1996] Persons with Disabilities (h) co-ordinate rehabilitation and welfare services provided to persons with disabilities by ministries. and voluntary associations; (i) monitor and supervise the provision of services to persons with disabilities; (/) promote, directly and indirectly, the development of hu man resources in the prevention of disabilities and in the provision of rehabilitative, education, training and the general welfare of persons with disabilities; (k) advise the Minister on matters relating to the social and economic development and the general well-being of persons with disabilities; and ([) do all such things as arc incidental to or conductive to the attainment of the functions of the Agency. Dircct<lr Gcncral and olhcr staff - 7 Verify source ↗
DirecLOr-Gencral and other Staff
AI-assisted research summary: This section sets up a Director-General, gives the role day-to-day administration duties, and lets the Agency appoint additional staff.
7. (1) There shall be a Director-General who shall be the Chief Executive officcr ofthe Agency and who shall subject to the control of the Agency, be responsbilc for the day to day administration of the Agency. (2) The Director-General shall be appointed by the Minister for a three year tenn of office and shall be eligible for re-appointment. (3) The Director-General shall, attend meetings of the Agency and may address such meetings, but shall have no vote. (4) The Director-General shall be the secretary of the Board. (5) The Agency mzy appoint on such tenns and conditions as it may detennine such other staff as it considers necessary for the perfonnance of its functions under this Act. PARTJII MANAGEMENT BOARDS Establish ment of Boards - 8 Verify source ↗
Establishment of Boards
AI-assisted research summary: The Minister may establish a Board for an institution by statutory instrument, and must provide for each Board’s composition by statutory instrument.
8. (I) The Minister- may, by.statutory instrument, establish a Board for any institution. (2) Any Board establishee1 under the repealed Act shall continue in existence as if estaDttl>lied under this Act. (3) A Board established 11nder subsection (I) shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform. Persons with Disabilities [No. 33 ort996 777 ( 4) The Minister shall, by statutory instrument, provide for the composition of each.Board. (5) The provisions of the Schedule shall apply to the Boards with the necessary modifications. - 9 Verify source ↗
Restriction on execution against property of Boards
AI-assisted research summary: If a judgment or order is obtained against a Board, the Director must pay the awarded amount from the Board’s revenue. The Minister appoints members of each Board by Statutory Instrument.
9. Notwithstanding anything contrary contained in any written law, where any judgement or order has been obtained against any Board, no execution or attachment or process of any nature thereof, shall be issued against the Board or against any property of the Board, but the Director shall cause to be paid out of the revenue of the Board such amounts as may, by the judgement or order, be awarded against the Board to the person entitled thereto. to. The Minister shall appoint members of each Board, by Statutory Instrument. - 11 Verify source ↗
Functions of Boards
AI-assisted research summary: The Board must administer the institution’s affairs, provide rehabilitation/training/welfare services for persons with disabilities, and do what is necessary to promote their well-being.
11. (I) The functions of a Board shall be to- (a) administer the affairs of any institution established under this Act; Restriction on execution against property of management Boards Composition of Board Functions of Boards (b) provide rehabilitation, training and welfare services to \ persons with disabilities; and (c) do all such things as are necessary to promote the well being of persons with disabilities. (2) The Board may, by directions in-writing and subject to such conditions as it thinks fit, delegate to any member, committee orthe Director any of its functions under this Act. (3) The Minister may, by statutory instrument, require a Board to carry out such other functions as he may specify. (4) The Minister may give to the Board such general or specific directions with respect to the discharge of its functions as he may consider necessary and the Board shall give effect to such direc tions. (5) The Board may after approval from the Minister, collaborate, or enter into agreement, with any organisation or institution on any matter relevant to the carrying out of the Board's functions under this Act. - 12 Verify source ↗
Annual repon
AI-assisted research summary: The Board appoints a Director, who serves as chief executive, secretary, and day-to-day administrator of the Board, with no vote at Board meetings.
12. (1) There shall be a Director appointed by the Board who shall be the Chief Executive officer of the Board and who shall subject to the control of the Board, be responsible for the day to day administration of the Board. D�ctor and other staff \ . 778 No. 33 of 1996] Persons with Disabilities (2) The Director shall be appointed for a three year renewable tenn of office. (3) The Director shall attend meetings of the Board and may address such meetings, but shall have no vote. (4) The Director shall be the secretary to the Board. (5) The Board may appoint on such tenns and conditions as it may dctennine such other staff as it considers necessary for the perfonnance of its functions under this Act. PART IV REOISTRATION Registration of persons wilh disubilhics
Part
PART IV
- 13 Verify source ↗
Registration of persons with disabilities
AI-assisted research summary: People with disabilities must apply for registration through specified officers, and the Agency must register them and keep a register.
13. (I) Every person with a disability shall apply for registration in the prescribed fonn to the Agency through the principal officer of a local authority, social welfare officer, central statistics officer, school headmaster or an officer in charge of a health centre. (2) The Agency shall register persons with disabilities. (3) The Agency shall keep a register of persons with disabilities registered under subsection (2). - 14 Verify source ↗
Registration of associations
AI-assisted research summary: An association must apply to the Director-General, provide specified details and its governing rules, and meet the registration-related conditions in this section.
14. (1) An Association shall apply to the Director-General in the prescribed fonn. (2) The Agency shall register any association of, or for persons with disabilities approved by the Zambia Federation for the Dis abled. (3) An Associalion referred to in subsection (2) shall have not less than fifty persons with a disability as members to qualify for registration. (4) The Agency shall keep a register of associations referred to in subsection (2). (5) An application by an a�sociation shall state (a) the name and address of the association; and (b) the designation and addressofits officers and the members of the Executive Committee or other body in control of its affairs. (6) An association shall submit, together with its application, a copy of the Constitution or Rules that govern that association. - 15 Verify source ↗
Registration of institutions
AI-assisted research summary: Institutions must apply to the Agency for registration in the prescribed form, and the Agency must register qualifying institutions and keep a register.
15. (I) An institution shall apply to the Agency for registration in the prescribed fonn. Registration or associations Registration of instirution Per.vans with Disabilities [No. 33 of 1996 779 • • (2) The Agency shall register institutions that provide services to pei:sons with disabilities. (3) The Agency shall keep a rcgisterofinstituticins referred to in subsection (I). (3) TI1e Agency shall- (a) set standards of technical services and accommodation for institutions; (b) regulate the number of persons with disabilities to be admiued 10 that institution and the age group; (c) regulate the kind of equipment to be acquired and main tained by the institution; (d) set the quali ficalions and experience of persons employed by institutions; (c) set the code of conduct of institutions and associations registered under this Act; (j) keep records of persons with disabilities admitted as boarders at any institution; and (g) regulate the conditions under which persons with disabili ties may be admitted to any institution. PART Y INSPECTION
Part
PART Y
- 16 Verify source ↗
Inspection of institutions
AI-assisted research summary: The Director-General must appoint inspectors to inspect institutions and issue each inspector an identity card.
16. (I) The Director-General shall appoint inspectors lo inspect institutions. (2) The Director-General shall issue an identity card to each inspector. - 17 Verify source ↗
Powers of inspector
AI-assisted research summary: An inspector may inspect an institution if the inspector produces the identity card issued under section 16.
17. (1) An inspector shall have power, on production of the identity card issued to him under section sixteen to inspect the institution to ensure that the provisions under this Act are being complied with. (2) In inspecting the facilities referred to in subsection (I) the inspectors shall ensure that adequate arrangements for the general welfare, education, training, rehabilitation, health, employment and records kept arc in accordance with the provisions of this Act. (3) Any person who obstructs an inspector appointed under section sixteen in the exercise of his duty under this Pan shall be guilly ofan offence and shall be liable upon conviction to a fine not exceeding five thousand penaltyuniLrnrto imprisonment fora term not exceeding three months or to both. Inspection of institutions Powers of in'spc.ctor 780 Duty of im:pl!Ctor to repor t to Dircctor Gcm.-ral No. 33 ort996] Persons with Disabilities - 18 Verify source ↗
Duty of inspector to report to Director-General
AI-assisted research summary: Inspectors must give the Director-General reports and information about matters in section 19 when directed, and the Director-General must send those reports and information to the Minister.
18. (]) Each inspector shall furnish the Director-General with such reports and other infonnation relating to matters referred to in section nineteen as the Director-General may direct. (2) The Director-General shall forward the reports and other infonnation referred to in subsection (I) to the Minister. PART VI DISCRIMINATION ON GROUND OF DISADII.ITY Discrimina tion on ground s of disability
Part
PART VI
- 19 Verify source ↗
Discrimination on grounds of disability
AI-assisted research summary: This section defines “discrimination” for this Part, including several forms of less favourable treatment of a person with a disability and failing to provide needed different services or conditions.
19. (]) for the purposes of this Part, " discrimination " means- (a) treating a person with a disability less favourably from a person without a disability; (b) treating a person with a disability less favourably from another person with a disability; (c) requiring a person with a disability to comply with a requirement or condition which persons without a disability may have an advantage over; or (d) not providing different services or conditions required for that disability. Discr imi natilm in e mploy ment - 20 Verify source ↗
Discrimination in employment
AI-assisted research summary: An employer must not discriminate against a person with a disability in employment advertising, recruitment, terms and conditions, promotion, transfer, training, or related benefits.
20. An employer shall not treat a person with a disability different from a person without a disability when- (a) advertising for employment; (b) recruiting persons for employment; (c) offering tenns or conditions of employment; (d) considering promotion, transferring or training such per sons: or Discrimina tion in !cru"?in� msutuuons (e) providing any other benefits related to employment. - 21 Verify source ↗
Discrimination in learning institutions
AI-assisted research summary: A learning institution must not discriminate against a person with a disability.
21. A learning in�titution shall be guilty of discriminating against person with a disability_ if that institution- (a) refuses or fails to accept, to admit such person on the - grounds of his disability; (b) gives tenns or conditions on which it is prepared to admit such a person because of his disability; (c) denies or limits any person with a disability access to any benefit provided by that learning institution; • • Persons with Disabilities [No. 33 of l996 781 Facilities for special schools Special fund for repair of _aids and appliances Tax rebate Adjustment orders Cap. 475 (d) expels that student or pupil on the grounds of his disability; or (e) discriminates against the person in any other way on grounds of that person's disability. - 22 Verify source ↗
Facilities for special schools
AI-assisted research summary: A person who sets up a special school for persons with disabilities must provide adequate facilities for those persons.
22. Any person who establishes a special school for persons with disabilities shall provide adequate facilities for them. - 23 Verify source ↗
Special fund for repair of schools
AI-assisted research summary: Schools admitting persons with disabilities must create and maintain a special fund for repairing, servicing, and buying technical aids and appliances.
23. (I) An institution of learning admitting persons with dis abilities shall establish and maintain a special fund for the repair, servicing and purchase of technical aids and appliances for persons with disabilities . · (2) Parliament shall make provision for and provide the funds rcfcn'ed to in subsection (I). (3) The �inister may make regulations forthe administration of the _funds provided under subsection (2). - 24 Verify source ↗
Tax rebate
AI-assisted research summary: Certain registered persons who employ at least three persons with a disability, and certain service providers under sections 22 and 26, are entitled to a tax rebate.
24. (1) Any person registered under this Act, who employs at least three persons with a disability shall be entilled to a tax rebate at a rate to be determined by statutory instrument by the Minister responsible for !inance. (2) A person who provides services under seetion twenty-two and twenty-six shall be cpti!led to the tax rebate determined under subsection (I). - 25 Verify source ↗
Adjustment order
AI-assisted research summary: The Agency may order accessibility adjustments for certain public premises, services, or amenities, and the owner must make the specified changes at their own expense.
25. (1) This section stiall_apply to any- (a) premises constructed before the commencement of this Act to which members of the public are ordinarily admitted, whether on payment of a fee or otherwise: and (b) services or amenities ordinarily provided to members of the public before the commencement of this Act. (2) The Agency may issue an adjustment order lo any person it considers that his premises, amenities or services referred to in subsection (]) arc not accessible to persons with a disability. (3) An adjustment order referred to in subsection (2) shall set out- (a) a full description of the premises, service or amenity concerned; (b) the grounds upon which the Agency considers that the premises, service or amenity is inaccessible to disabled persons; (c) the requirement that the owner shall at his own expense take action as may be specified to make it accessible to' disabled persons: and 782 No. 33 of 1996] Persons with Disabilities (d) the period within which the action referred to in paragraph ( c) shall be commenced and completed. (4) Before serving an order the Agency shall serve notice upon the person referred to in subsection (2) specifying- ( a) the grounds upon which the adjustment order is to be issued and the nature of the action which the Agency considers necessary to rectify the situation which has given rise to the proposed order; (b) the maximum period that the Agency considers reasonable for thc implementation of the action it proposes to order; and ( c) that the owner may make representations to the Agency if he so wishes within thirty days from the date of the service of the notice. (5) A person whil provides the amenities or services under this section shall be entitled to a tax rebate as provided forunder section twenty-four. Premises and amcniLics to be accessible to pcrons with a disability Cap. 475 - 26 Verify source ↗
Vesting of assets and transfer of liabilities
AI-assisted research summary: Plans approved after commencement under the Town and Country Planning Act must include facilities accessible to persons with a disability.
26. On the commencement of this Act, any plans for any premises or amenities approved, after the commencement of this Act, under the Town and Country Planning Act, shall provide facilities that are accessible to persons with a disability. PART VII MISCEI.LANEOUS Vesting of assets and transfer of liabilities Registration of property to be transferred
Part
PART VII
- 27 Verify source ↗
Registration of property to be transferred
AI-assisted research summary: On the appointed date, the Agency automatically receives and owns the listed property, rights, liabilities, and obligations without further assurance.
27. On the appointed date, there shall vest in, and be owned by the Agency without further assurance, all property, rights, liabilities and obligations which immediately before the appointed date, were the property, rights, liabilities and obligations'of the Council. - 28 Verify source ↗
Legal Proceedings
AI-assisted research summary: When Council property, rights, liabilities, or obligations are transferred to the Agency and registration is required by written law, the Agency must apply in writing for registration, and the proper officer must make the register entries and related endorsements. Registration fees or duty are not payable for such a transfer.
28. (!) Whenever under this Act any property, right, liabilities or obligations of the Council are transferred to the Agency in respect of which transfer a written law provides for registration, the Agency shall make an application in writing to the proper officer or the appropriate registration authority for the registration of the transfer. (2) The proper officer referred to in subsection (1) shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned with a certificate of title in respect of the property or make necessary amendments to the register, as the case may be, and shall make endorsements on the deeds relating to the title, right or obligation concerned. Persons with Disabilities [No. 33 of 1996 783 (3) Registration fees or duty shall not be paid in respect of any transfer effected under this Pan. - 29 Verify source ↗
Transfer of staff
AI-assisted research summary: Pending proceedings or applications before commencement may be continued by or against the Agency.
29. Any legal proceedings or application pending before any authority before the commencement of this Act by or against the Council in relation to the asscL� transferred to the Agency, may be continued by or against lhe Agency. Legal prncccdings - 30 Verify source ↗
(1) The Minister may, by statutory instrument, approve
AI-assisted research summary: The Minister may approve transfer arrangements for public officers to move to the Agency.
30. (1) The Minister may, by statutory instrument, approve arrangements under which all or some of the public officers in any institution shall be transferred to the Agency. Transfer of staff ,. (2) Where a person is transferred in accordance with the arrange ments made under subsection (1 ), his terms and conditions with the Agency shall be no less favourable than those enjoyed while, in the public service or any institution and for the purposes of determining his rights to or eligibility for any pension, gratuity, leave or other benefits, his previous service with the public service or the Council shall be treated as service with the Agency. - 31 Verify source ↗
General Penalty
AI-assisted research summary: A Board may second an officer to another Board, and may also arrange secondment from the Ministry responsible for community development and social welfare, subject to the Minister’s regulations and agreed terms.
31. (1) A Board may, upon receiving a request from another Boanl to second an officer to that Board for such period and on such terms and conditions as may be agreed between the Board and the Board requesting the secondmenL Secondment to another Board (2) A Board may, in accordance with the regulations issued by the Minister, make arrangements with the Ministry responsible for community development and social welfare for the secondment to the Board of any officer. - 32 Verify source ↗
Regulations
AI-assisted research summary: Anyone who breaches an Act provision with no specific penalty commits an offence and may be punished on conviction by a fine, imprisonment, or both.
32. Any person who contravenes any provision of this Act for which no specific penalty is provided shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years or to both. General Penalty - 33 Verify source ↗
Repeal of Cap. 551
AI-assisted research summary: The Minister may make regulations by statutory instrument to better carry out this Act.
33. The Minister may, by statutory instrument, make regula- Regulations tions for lhe better carrying out of the provisions of this Act. - 24 Verify source ↗
Tax rebate
AI-assisted research summary: This section repeals the Handicapped Persons Act.
24. The Handicapped Persons Act is hereby repealed. Repeal of Cop. 551 ,. 784 No. 33 of l 996] Persons with Disabilities SCHEDULE (Section.v 3 and 8) ADMINISTRATION PART ! Seal of Agency Tenure of office of memb<..'f
Part
SCHEDULE
- 1 Verify source ↗
Short Lille and commencement
AI-assisted research summary: The Agency decides its seal’s form, the Secretary keeps it, and certain officers may authenticate the seal or execute qualifying documents without it.
1. (1) The Seal of the Agency shall be such device as may be detennined by the Agency and shall be kept by the Secretary. (2) The aflixing of the seal shall be authenticated by the Chair person or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Agency. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Secretary or any other person generally or speciflcally authorised by the Agency in that behalf. (4) Any document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved. - 2 Verify source ↗
Interpretation
AI-assisted research summary: A member holds office for three years, may be re-appointed, and may resign by giving one month’s written notice to the Secretary.
2. (1) Subject to the other provisions of this Act, a member shall hold office for a period of three years from the date of appointment and may be re-appointed for a like period. (2) A mem bermay resign by giving one month's notice in writing to the Secretary. Removal of member - 3 Verify source ↗
Removal of member
AI-assisted research summary: The Agency may remove a member from office at any time with the Minister’s approval if the member has missed three consecutive Agency meetings without reasonable excuse, or if the Agency thinks the person’s continued service would harm disabled persons’ interests.
3. Notwithstanding paragraph 3, the Agency may, at any time, with the approval of the Minister remove a person from the office of member- (a) if that person has been absent from three consecutive meetings of the Agency and that absence was in the opinion of the Agency withbut reasonable excuse; or (b) if the Agency is satisfied that the continuance of that person in the office of member will be prejudicial to the interest of disabled persons. - 4 Verify source ↗
Restriction on execution against property of Agency
AI-assisted research summary: If a member’s office becomes vacant before the term ends, the Minister may appoint another member to fill it.
4. (1) Whenever the office of a member becomes vacant before the expiry of the tenn of office, th" Minister may appoint another member in place of the member who vacates the office. - 5 Verify source ↗
Composition of Agency
AI-assisted research summary: The Agency may set its own procedure, but it must meet at least every three months, keep minutes, and follow meeting rules on notice, quorum, presiding, and voting.
5. (!) Subject to the other provisions of this Act, the Agency may regulate iL� own procedure. (2) The Agency £hall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide. Filling of casual vacancy Proceedings of Agency Persons with Disabilities [No. 33 of 1996 785 • (3) Upon giving notice of not less than fourteen days, a meeting of U1c Agency may be called by the Chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shortcrnotice. ( 4) The quorum at any meeting of the Agency shall be the Chairperson or the Vice-Chairperson and three other members. (5) There shall preside at any meeting of the Council- (a) the Chairperson; or (/J) in the absence of the Chairperson and the Vice Chairpcrson, such member as the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Agency on any question shall be by a m:tjority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) Where a mcnibcris foranyreasonablc cause unable to attend any meeting of the Agency, he may, in writing, nominate another person from the same organisation to attend such meeting in his stead and such person shall be deemed to 'be a member for the purpose of such meeting. (8) The Agency may invite any person, whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting of the Agency but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Agency shall not be affected by any vacancy in the membership of tl1e Agency or by any defect in the appointment of any member or by reason that any person not cntiUed so to do, took part in the proceedings. '----- ( 10) The Agency shall cause minutes to be kept of the proceed ings of every meeting of the Agency and every meeting of any committee established by the Agency. - 6 Verify source ↗
Functions of Agency
AI-assisted research summary: The Agency may set up committees, delegate some of its functions to them, appoint committee members, and let committees regulate their own procedure, subject to Agency directions.
6. (!) The Agency may, for the purpose or" performing its functions under this Act, establish commiuees and delegate to any such commillee such of its functions as it thinks fit Committees of Agency \ 786 No. 33 of1996] Persons with Disabilities (2) The Agency may appoint as members of a commiuee estab lished under subsection (1), persons who are or are not members of the Agency and such person shall hold office for such period as the Agency may determine. (3) Subject to any speci fie or general direction of the'Agency any commitlee estahlished under subsection (1), may regulate its own procedure. - 7 Verify source ↗
DirecLOr-Gencral and other Staff
AI-assisted research summary: A member with a spouse’s private interest in a matter must disclose that interest promptly and must not join in the discussion or vote unless the Agency directs otherwise.
7. (]) If a member is present at a meeting of the Agency or any commillce of the Agency at which any matter is the subject of consideration and in which matter the member's spouse is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, dis close such interest and shall not, unless the Agency otherwise direcL�. take part in any consideration or discussion of, or vote on, any question touching such matter. Disclosure of intcr�sl (2) A disclosure of interest made under this section shall be , recorded in the minutes of the meeting at which it is made. Prohibition of publication of or disclosure of informalicm to am1ut1mriscd persons - 8 Verify source ↗
Establishment of Boards
AI-assisted research summary: A person must not publish or disclose protected information learned in the course of duties under the Act without written consent from or on behalf of the Agency.
8. (I) A person shall not, without the consent in writing given by or on behalf of the Agency, publish or disclose to any unauthori3ed ,, person, otherwise than in the course of his au ties, the contents ofany documents. communication or information whatsoever, which relates to, and whic!J has come to his,Jrnowledge in the course of his duties under this Act. / . . (2) Any person who controve.nes the provisions of sub-paragraph (I) shall be guilty of an offeru.:e and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprison ment for a term not exceeding three years, or to both. (3) If any person having any information which to is knowledge has been published or disclosed in contravention of sub-paragraph (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence an shall be liable, upon conviction, to a fine not exceeding five hundred penalty units orto imprisonment fora term not exceeding three months ort_o both. Persons with Disabilities [No. 33 of 1996 787 FINANCIAL PROVISIONS PART I!
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PART I!
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Restriction on execution against property of Boards
AI-assisted research summary: The Agency’s funds come from public money, fees, levies, grants, donations, and other receipts, and the Agency may also accept, borrow, charge fees, invest surplus funds, and use funds to set up a Fund.
9. ( I ) The funds of the Agency shall consist of such moneys as Funds of Ag ency may- f ' :r (a) be appropriated by Parliament for the purposes of the Agency; (b) be paid to the Agency by way of fees, levy, grants or donations; or (c) vest in or accrue to the Agency. (2) The Agency may- (a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia; (b) subject to the approval of the Minister, raise by way ofloans or otherwise, such moneys as it may · require for the discharge of its functions; (c) in accordance with the regulations made under this Act, charge and collect fcr,s for services provided by the Agency. (3) There shall be paid from the funds of the Agcncy-- (a) the salaries, allowances and loans of the staff of the Agency; (b) such reasonable travelling, transport and subsistence al lowances for members or members of any committee of the Agency when engaged on the business of the Agency, at such rates as the Minister may determine; and (c) any other expenses incurred by the Agency in the perfor mance of its functions. (4) The Agency may invest in such manner as it thinks fiL such of its funds ii does not immediately require for the performance of ils functions. (5) The Agency may use the funds referred to in subsection (4) to establish a Fund 10-- (a) provide loans to persons with disabilities for commercial ventures; (b) train persons with di,;ahilitics to uplift their skills; (c) support research into disabilities and welfare of persons with disabilities; and (d) do any otherthings necessary to carryout the objects of the Fund. 788 No. 33 of 1996 Persons with Disabilities Financial year Accounts Annual rcpon (6) The provisions of paragraph 1 1 and 12 shall apply to the Fund. - 10 Verify source ↗
Composition of Boards
AI-assisted research summary: The Agency must keep proper accounts and records, submit an annual activities report to the Minister within six months after each financial year, and the Minister must lay that report before the National Assembly within 30 days of the first sitting after receipt.
10. The financial year of lhe Agency shall be Lhe period of twelve mbnths ending on the 3 1 st of December, in each year. 1 1 . The Agency shall cause to be kept proper books of account and olher records relating to iL'i accounts. 1 2. (1) As soon as practicable, but not laterlhan six monU1s after the expiry of each financial year, lhe Agency shall submit to the Minis1er a repon concerning ils activities during such financial year. (2) The report referred to in paragraph (1) shall include informa tion on the financial affairs of lhe Agency and there shall be appended thereto- (a) an audited balance sheet; (b) an audited statement of income and expenditure; and (c) such other information as lhe Minister may require. (3) The Minister shall, not later lhan lhirty days after the first silting of lhe National Assembly next after the receipt of the report referred to in sub-paragraph ( 1 ), lay it before the National Assembly. •
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Persons with Disabilities Act, 1996
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