Protection of the Rights of Persons with Disabilities ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

2. Establishment of the National Council for Persons with Disabilities.

3. Constitution of the Council.

4. Term of office of appointed members.

5. Removal and resignation of appointed members.

6. Remuneration of members.

7. The Chairman and the conduct of business.

8. Acts not invalidated by reason of a vacancy.

9. Delegation of powers to members.

10. Secretary to the Council.

11. Seal of the Council.

12. Principal function of the Council.

13. Other functions of the Council.

14. Powers of the Council.

PART II

STAFF OF THE COUNCIL

15. Staff of the Council.

16. Appointment of public officers to the staff of the Council.

PART III

FINANCE

17. The Fund of the Council.

18. Audit and accounts.

19. Investment of money of the Council.

PART IV

REGISTRATION

20. Registration with the Council.

21. Application for registration.

22. Grant of certificate.

PART V

PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES

23. Provisions for the protection of advancement of persons with disabilities.

24. Remedy for the contravention of the provisions of section 23.

PART VI

MISCELLANEOUS

25. Regulations.

26. Power of Council to make rules.

27. Officers and servants of the Council deemed to be public servants within the meaning of the Penal Code.

28. Council deemed to be Scheduled institution within the meaning of the Bribery Act.

29. Protection of members and officers of the Council for action taken under this Act or on the direction of the Council.

30. No writ to issue against person or property of a member.

31. Returns.

32. Power of Council to authorise any officer to enter and inspect premises.

33. Powers of inspection and search.

34. Offences.

35. Offences by bodies of persons.

36. Sinhala text to prevail in case of inconsistency.

37. Interpretation.

28 of 1996,

33 of 2003.

AN ACT to provide for the establishment of a National Council for Persons with Disabilities, for the Promotion, Advancement and Protection of Rights of Persons with Disabilities in Sri Lanka; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 24th October, 1996]

1. Short title.

This Act may be cited as the Protection of the Rights of Persons with Disabilities Act.

PART I

ESTABLISHMENT OF THE NATIONAL COUNCIL FOR PERSONS WITH DISABILITIES

2. Establishment of the National Council for Persons with Disabilities.

(1) There shall be established a Council called the "National Council for Persons with Disabilities” (hereinafter referred to as the "Council”).

(2) The Council shall, by the name assigned to it by subsection (1), be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

3. Constitution of the Council.

The Council shall consist of the following members—

(a) the Minister who shall be the Chairman of the Council;

(aa) the Secretary or in the absence of the Secretary, the Additional Secretary of the Ministry of the Minister.

[S 3(aa) ins by s 2 of Act 33 of 2003.]

(b) eleven members appointed by the President in consultation with the Minister to represent persons with disabilities and to represent, any bodies corporate or unincorporate (hereinafter referred to as "voluntary organisations”) which are engaged in providing services to persons with disabilities including self-help organisations of persons with disabilities;

(c) ten other members appointed by the President by name or office in consultation with the Minister, from among members of Parliament or Provincial Councils or local authorities or members of bodies of professionals or public officers.

[S 3(c) am by s 2 of Act 33 of 2003.]

A member appointed under paragraph (b) or (c) is hereinafter referred to as an "appointed member”.

4. Term of office of appointed members.

Every appointed member shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of three years from the date of his appointment and shall unless he has been removed from office, be eligible for re-appointment.

5. Removal and resignation of appointed members.

(1) The President may, in consultation with the Minister remove any appointed member from office without assigning any reason therefor.

(2) In the event of the vacation of office by death resignation or removal of any appointed member, the President may, in consultation with the Minister, and having regard to the provisions of section 3, appoint any other person to succeed such member. Any member so appointed shall hold office for the unexpired term of office of the member whom he succeeds.

(3) Any appointed member may at any time resign from office by letter to that effect addressed to the President.

(4) Where an appointed member, by reason of illness, infirmity or absence from Sri Lanka for a period of not less than three months, is temporarily unable to perform his duties, it shall be the duty of such inability. There upon, the President may, in consultation with the Minister, and having regard to the provisions of section 3, appoint some other person to act in his place.

6. Remuneration of members.

All or any of the members of the Council may be paid such remuneration as the Minister may determine in consultation with the Minister in charge of the subject of Finance.

7. The Chairman and the conduct of business.

(1) The Chairman shall preside at all meetings of the Council at which he is present. In the absence of the Chairman from any meeting of the Council, the members present as such meeting shall choose from among themselves another member to preside at that meeting.

(2) The quorum for any meeting of the Council shall be five members.

(3) The Council shall meet as often as necessary, and in any case at least once in each month, at such time and place as the Council may determine, and shall, subject to the other provisions of this Act and any regulation made thereunder, regulate the procedure in regard to its meetings and the transaction of business at such meetings.

(4) The Chairman may designate an officer of the Council appointed under section 15 of this Act to be in control of the day to day administration of the affairs of the Council.

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