AN ACT to provide for the rights of disabled persons in accordance with article 29 of the Constitution to establish a National Council on Disabled Persons to attend to the interests of disabled persons and to provide for related matters.
BE IT ENACTED by Parliament as follows
1. No person shall in any manner
(a) Exploit a disabled person;
(b) discriminate against a disabled person; or
(c) subject a disabled person to an abusive or degrading treatment.
2. (1) NO person shall subject a disabled person to a differential treatment in respect of his residence other than that required by his conditions or by the improvement which he may derive from the treatment.
(2) No person shall prevent a disabled person from participating in any social, creative or recreational activity unless such participation will be detrimental to the health of the disabled person.
3. where a disabled person is a party to any judicial proceedings the adjudicating body shall in the application of its legal procedures, take into account the physical and mental condition of the disabled person.
4. A person who contravenes any of the provisions of sections 1 and 2 of this Act commits an offence and is liable on summary conviction to a fine not exceeding 2 million or to a term of imprisonment not exceeding 2 years or to both.
5. There is established by this Act, a National of the Council on Disabled Persons referred to in this Act as “the Council”.
6. The functions of the Council are the Council.
(a) to co-ordinate and monitor the implementation by relevant agencies and non-governmental organisations of policies and programmes relating to disabled persons at the national level;
(b) to make, recommendations to Government regarding legislation, for the welfare of disabled persons;
(c) to solve problems relating to disability, by taking such action as it considers appropriate to-
(i) enforce legal rights
(ii) provide medical and social rehabilitation;
(iii) provide education and vocational training; and
(iv) provide counselling and guidance;
d) to act as an information centre on matters concerning the treatment, training, welfare, rehabilitation and employment of disabled persons by voluntary governmental and non-governmental organisations; and
(e) to organise seminars, workshops and meetings on the disability of persons and to educate the public on the matter.
7 . The Council consists of
(a) a Chairman appointed by the President on the recommendation of the Minister for Employment and Social Welfare;
(b) the Executive Secretary who shall be a member without voting right;
(c) one representative from
(i) ministry of Employment and Social Welfare;
(ii) Ministry of Health;,
(iii) Ghana Education Service (Special Education Division);
(iv) Labour Department;
(v) Department of Social Welfare;
(vi) Employers Association;,
(vii) Ghana National Association of the Deaf
(viii) Ghana National Association of the Blind.
(ix) Ghana National Society of the Physically Disabled;
(X). Ghana Society for the Prevention of Tuberculosis;
(xi) Society of Friends of the mentally Handicapped Children.
(xii) Ghana Mental Health Association;
(xiii)Ghana Red Cross Society; and
(xiv) Ghana Leprosy Relief Association.
8. (1) The Chairman of thecouncil shall hold office a period of four years and is eligible for re-appointment for another term.
(2) Any other member of the Council shall hold office for a period of three years and is eligible for re-appointment.
(3) The Chairman or other member of the Council may resign his office by written notice addressed to the Minister and may be removed by written notice by the President acting on the advice of the minister on grounds of inability to perform the functions of his office, neglect duty or stated misconduct.
9. The members of the Council and members of Committees of the Council shall be paid such allowances as may be determined by the Minister for Justice.
10. (1) The Council shall ordinarily meet for the despatch of business at least once in three months at a time and place to be determined by the Chairman.
(2) The Chairman in consultation with the chairmen of the sub-committees specified in section 11. (2) of this Act, may convene a special meeting of the Council, and no business shall be transacted at the meeting other than that stated on the agenda.
(3) At every meeting of the Council at which he is present, the Chairman shall preside and in his absence a member appointed by the members present from among themselves shall preside.
(4) A question proposed at a meeting of the Council shall be determined by a simple majority of members present and voting and in the event of-equality of votes, the person presiding shall have a second or casting vote
(5) The quorum at any meeting of the Council shall be seven.
(6) The council may co-opt a person to advise at its meetings but no co-opted person is entitled to vote on any matter for decision by the Council.
(7), The validity of any proceedings of the council shall not be affected by a vacancy among its members or by a defect in the appointment of any of the members.
(8) Except as otherwise provided in this section the Council shall regulate its procedure.
11. (1) The Council may for the discharge of its functions appoint such committees as it considers necessary.
(2) Without prejudice to subsection (1) the Council shall appoint the following specialised committees which shall be composed of such persons as the Council may determine –
(a) Public Education Committees;
(b) Placement Committee;
(c) Project Planning and Finance Committee, and
(d) Legal Committee.
(3) Each committee shall have a chairman appointed by the Council from among its members.
12. (1) There shall be established in each region and District of Ghana a regional or district office as the case may be of the Council
(2) The regional and district offices shall be established by the Minister in consultation with the council.
(3) A regional or district office of the council shall be assigned such functions of the Council in
relation, to the region or district as the Council shall determine.
The Minister in consultation with the Public services Commission shall assign to the regional and
district offices. Such officers as may be necessary for the performance of such functions assigned to the regional or district office.
13. (1) The council shall have an Executive Secretary who shall be a disabled person appointed by the President.
(2) The Executive Secretary, shall be the administrative head of-the council and shall subject to
the directions of the Council be responsible for the administration,, organisation and control of its functions,
14. (1)There shall be employed for the Council and its offices such officers as may be necessary, for the discharge of the functions of the Council.
(2) The officers shall be appointed by the Public Services Commission.
(3) The staff shall hold office upon such terms and conditions as the Public Services Commission shall approve.
15. (1) The salaries and expenses of the Council shall be met out of monies provided for the purpose by the Government.
(2) The Council may receive money or gift from any other source approved by the Minister.
16. (1) The Executive Secretary shall keep books of account for the Council and proper records in relation to them and the accounts and records shall be in a form approved by the Auditor-General.
(2) The accounts of the Council shall be audited and reported on by the Auditor-General within three months after the end of the financial year.
17. (1) The Council shall submit an annual report on its activities to the Minister within six months after the end of the financial year.
(2) The annual report shall include a copy of the audited accounts together with the Auditor-General’s report.
(3) The Minister shall as soon as possible after receiving the report, submit a copy of the report to Parliament.
18. The Minister in consultation with the Council, may by legislative instrument make regulations providing generally for the effective implementation of the objects of this Act.
19. In this Act unless the context otherwise requires
“Minister” means the Minister responsible for Employment and Social Welfare.