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THAILAND
X. THAILAND
(TRANSLATION)
REHABILITATION OF DISABLED PERSONS ACT AND MINISTERIAL REGULATIONS
REHABILITATION
OF DISABLED PERSONS ACT
A.D. 1991 (B.E. 2534)
AND
MINISTERIAL REGULATIONS A.D. 1994 (B.E. 2537) No.1, 2 and 3
OFFICE OF THE COMMITTEE FOR REHABILITATION OF DISABLED PERSONS
DEPARTMENT OF PUBLIC WELFARE
THAILAND
LEGISLATION
Chapter I
Chapter II
Chapter III
Chapter IV
Contents
Rehabilitation of Disabled Persons Act A. D. 1991 (B.E. 2534)
Ministerial Regulation No.1 A.D. 1994 (B.E. 2537) on the Employment of Disabled Persons and the Contribution to the Fund for Rehabilitation of Disabled Persons
Ministerial Regulation No.2 A.D. 1994 (B.E. 2537) on Designation of Type and Criteria of Disabled Persons
Ministerial Regulation No. 3 A.D. 1994 (B.E. 2537) on Provision of Medical
RehabiIitation Service and Expenses for Nursing Care and Equipment
(Translation) REHABILITATION OF DISABLED PERSONS ACT, A.D. 1991 (B.E. 2534)
BHUMIBOL ADULYADEJ REX.
Given on the 20th day of November A.D. 1991 (B.E. 2534)
Being the 46th year of the Present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that Whereas it is expedient to enact the Law for Rehabilitation of Disabled Persons
BE IT THEREFORE ENACTED BY THE KING, by and with the advice and consent of the National Legislative Assembly, as follows:
Section 1
Section 2
Section 3
Section 4
This Act shall be called “the Rehabilitation of Disabled Persons Act A.D. 1991 (B.E. 2534)”.
This Act shall come into force as from one hundred and eighty days following the date of its publication in the Government Gazette.
All other laws, regulations and rules insofar as they deal with the matters governed by this Act or are inconsistent with the provisions of this Act, shall be replaced by this Act.
In this Act, “Disabled Person” means a person with physical, intellec-tual or psychological abnormality or impairment as catego-rized and prescribed in the Ministerial Regulations.
“Rehabilitation of Disabled Persons” means the improve-ment of the potentials and capacities of disabled persons through medical, educational, and social methods, and vocational training in order to provide them the opportuni-ties to work or lead their lives equal to that of the non–disabled.
LEGISLATION
Section 5
Section 6
“Committee” means the Committee for the Rehabilitation of Disabled Persons.
“Minister” means the Minister in charge of the enforcement of this Act.
There shall be a Committee for the Rehabilitation of Disabled Persons consisting of Minister of Interior as chair-man, and the Permanent Secretaries to the Ministries of Defence, Interior, Education, Public Health, and University Affairs, the Director of the Budget Bureau, the Directors-General of the Departments of Medical Services, Public Welfare, General Education and not more than six other qualified persons appointed by the Minister, as Members.
The Head of the Office of the Committee for Rehabilitation of Disabled Persons shall be its Secretary and the Committee shall have the power to appoint not more than two officials from the Department of Public Welfare as its Assistant Secretaries.
The Minister shall appoint the qualified person, as pre-scribed in paragraph one, from among the disabled persons who are the representatives of the organizations associating with disabled persons, not less than two persons.
The Committee shall have the following power and duties to:
(1) propose and recommend to the Minister on policies and plans concerning the assistance, development and reha-bilitation of disabled persons for submission to the Cabinet for approval and designate the concerned governmental organizations for further implementation in compliance with their respective authority.
(2) give advice, suggestions and opinions relating to the enforcement of this Act to the Minister.
(3) support and promote the assistance, development, and rehabilitation of disabled persons undertaken by the con-cerned governmental and non-governmental organizations by providing technical and financial assistance, facilities or services as considered appropriate.
(4) prepare projects to assist, develop and rehabilitate disabled persons.
(5) approve programs or projects utilizing the Fund for Rehabilitation of Disabled Persons and set the rules and . regulations pertaining to management and disbursement of such Fund.
Section 7
Section 8
Section 9
Section 10
Section 11
(6) set rules, regulations and ordinances within the purview of assistance, development and rehabilitation to ensure compliance with this Act.
(7) carry out other matters as designated by the Minister.
The qualified Committee Members shall hold office for a term of two years.
Members who vacate office at the end of term may be reappointed.
In addition to the retirement at the expiration of the term of office according to Section 7, the qualified Committee Members shall vacate office upon
(1) death
(2) resignation
(3) being a bankrupt
(4) being an incompetent person
(5) being imprisoned by a final judgement of imprison-ment, for an offence committed through negligence or a petty offence.
In case any qualified Committee Member is appointed at the time the former ones are still in office, wether an additional appointment or an appointment to fill up the vacant position, the Member so appointed shall retain his/ her office either during such time only as the already appointed
Members or the Members whom he/she replaced were entitled to retain the same, as the case may be- –
At the meeting of the Committee, the presence of not less than half of the Committee members is required in order to constitute a quorum. If the Chairman is not present at the meeting, the members shall elect one among themselves to chair the meeting.
Ruling and decisions of the meeting shall be by majority of votes. One Committee member shall have one vote. In case of equality of votes, the chairman of the meeting shall be entitled to a second or casting vote.
The Committee shall have the power to appoint one or more Sub-committee to consider or undertake any matter assigned by the Committee.
Each Sub-committee shall consist of not less than one member who is a disabled person registered in accordance with Section 14.
Thailand
Legislation
Section 12
Section 13
The provisions of Section 10 shall apply mutatis mutandis to the meeting of the Committee.
The Office of the Committee for Rehabilitation of Disabled Persons shall be established in the Department of Public Welfare, Ministry of Interior, having authorities to assist, develop and rehabilitate disabled persons including the following power and duties to:
(1) coordinate and cooperate with the relevant governmen-tal and non-governmental organizations both within and outside the country in the undertakings relating to rehabili-tation of disabled persons and ensure them their entitlement to assistance as stipulated in Section 15.
(2) collect and retrieve information pertaining to disabled persons for disability prevention, treatment and rehabilita-tion.
(3) prepare programs relating to disability prevention, treat-ment and rehabilitation of disabled persons for submission to the Committee.
(4) initiate and accelerate the promotion of activities for disabled persons.
(5) arrange training for personnel working in assistance, development and rehabilitation of disabled persons, by cooperating with relevant government and non-governmen-tal organizations.
(6) promote occupations and find employment for disabled persons who have been rehabilitated.
(7) act as a center for technical dissemination and publi-cizing activities associated with disabled persons.
(8) compile analytical and research results, implement, monitor and follow up policies and programs for assisting, developing and rehabilitating disabled persons undertaken by the concerned government and non-governmental organizations and further report to the Committee.
(9) comply with the resolutions of the Committee or as assigned by the Committee.
The Office of the Committee for Rehabilitation of Disabled Persons under Section 12 shall be the central registration office for disabled persons in Bangkok as well as -other provinces, with the Head of the Office functioning as the Central Registrar. The Provincial Public Welfare Office inevery province shall also be the registration office for disabled persons in the respective provinces, with the provincial Public Welfare Officer functioning as the Provincial Registrar.
Section 14
Section 15
Thailand
Any disabled person wishing to avail himself/herself of the right to assistance, development and rehabilitation under this Act shall submit an application for registration to the Central Registrar at the Office of the Committee for the Rehabilitation of Disabled Persons or to the provincial Registrar at the provincial Public Welfare Office in the province of his/her domicile.
In case the disabled persons is a minor, a quasi-incompe-tent or incompetent person, or extensively disabled to the extent that registration by him/her is not possible, his/her guardian, custodian or caretaker, as the case may be, may submit the application for registration on his/her behalf.
Besides, such a person has to be present along with the guardian, custodian or caretaker; if the disabled person is not in a position to go personally to the Central Registrar or the Provincial Registrar, the guardian, custodian or care-taker must bring the documentary evidence to the Central Registrar or the Provincial Registrar, as the case may be.
Registration, determination, changing or renunciation of their rights by disabled persons shall comply with the criteria, procedures and conditions set forth in the rules and regulations prescribed by the Committee.
Disabled persons who have been registered in accordance
with Section 14 shall be entitled to the following assistance, development and rehabilitation:
(1) Medical rehabilitation services, expenses for medical treatment, aids and equipment for rehabilitating physical, mental or psychological conditions or for improving capacities as prescribed in the Ministerial Regulations.
(2) Education in consonance with the compulsory, voca-tional or university education underthe National Education Plan as considered appropriate. Such education may be provided in special schools or through mainstreaming in ordinary schools whereby the Center for Innovation and Technology attached to the Ministry of Education shall provide support as deemed appropriate.
(3) Advice and consultation relating to occupation and vocational training appropriate to their physical conditions and potentialitie so as to ensure fulfillment of their potential to work.
(4) Entitlement to participation in social activities and access to various facilities and services essential to them.
(5) Government lawsuit services and contact with governmental organizations.
511
Legislation
Section 16
Section 1 7
Section 18
There shall be a fund called ” A Fund for Rehabilitation of Disabled Persons” set up in the Office of the Committee for the Rehabilitation of Disabled Persons to serve as the revolving capital for expenses incurred in the implementa-tion and provision of assistance to disabled persons and support of the institutions providing medical, educational, social rehabilitation and vocational training, including the Center for Innovation and Educational Technology and or-ganizations concerned with disabled persons.
The Fund of Rehabilitation of Disabled Persons shall com-prise the following monies and properties:
(1) government grants
(2) donated money or property from the public, juristic entities or organizations, both within and” outside the coun-try, or those derived from organizing activities
(3) other income
The monies and other properties prescribed in paragraph two shall be put into the Fund without having to be remitted to the Treasury as Government revenue.
The pursuit of gain and the expending of the Fund shall comply with the rules and regulations prescribed by the Committee with approval of the Ministry of Finance.
In order to protect and assist disabled persons, the Minister shall have the power to issue the Ministerial Regulations prescribing
(1) The characteristics of the buildings, sites, vehicles or other public services requiring installment of equipment to directly facilitate disab1ecl persons.
(2) that the employers or owners or private companies shall employ disabled persons suitable to the nature or work at an appropriate ratio with other employees.
In case any employer or owner of a private company does not wish to employ disabled persons at the ratio prescribed, he/she may apply to contribute to the Fund as stipulated in Section 16 at the rate specified in the Ministerial Regula-tions instead of employing disabled persons.
An owner of a building, site, vehic1e or a service provider who provides equipment to directly facilitate disabled per-sons as stipulated in Section 17(1) is entitled to deduct double the expenses incurred for such purpose from the net income or net profit of the year during which those ex-penses were incurred, as the case may be, in accordance with the Revenue Code.
Any employer or owner of a private company who employs disabled persons in accordance with
Section 1 7(2) is enti-tled to deduct the wages paid to such persons as expenses specified in the Revenue Code in an amount equal to twice the amount actually paid.
During the period that the Office of the Committee for Rehabilitation of Disabled Persons has not been established within the Department of Public Welfare in accordance with Section 12, the Department of Public Welfare shall have authority under Section 12 and Section 13.
The Ministers of Ministries of Interior, Education and Public Health shall be in charge of the enforcement of this Act and shall have the power to issue Ministerial Regulations to ensure compliance with this Act in line with their respec-tive authorities. Such Ministerial Regulations shall come into force upon being published in the Government Gazette.
Countersigned by
Anancl Panyarachun
Prime Minister
Section 1 9
Section 20
Remarks:
The rationale for promulgation of this Act are:
although disabled persons are a part of national resources, their disabilities often hamper their living, occupation and participation in social activities, it is deemed appropriate to support and promote disabled persons to have opportuni-ties, lead their lives, work and participate in social activities equal to that of the “able-bodied”. In this respect, it is deemed expedient that disabled persons be protected, assisted, developed and rehabilitated through medical, edu-cational,
social rehabilitation and vocational training; that existing problems be solved and economic and social barriers be removed for them; and that the society be promoted to be conducive to and to rehabilitate these disabled persons.
The Rehabilitation of Disabled Persons Act has passed on authorities and partial administrative duties of Ministry of Interior to Ministry of Labour and Social Welfare B.E. 2536 Special Edition page 5 Volume 110 part 99 the Royal Gazette 25 July B.E. 2536.
(Translation)
Record of Principle and Rationale
In Support of the Ministerial Regulation
A.D. 1994 (B.E. 2537)
Issued Pursuant to the Rehabilitation of Disabled Persons Act
A.D. 1991 (B.E. 2534)
PRINCIPLE
To establish a ratio of disabled employees to be hired by employers or owners of private companies and the rate of payment which must be made by employers or owners of the companies to the Rehabilitation Fund for Disabled Persons.
RATIONALE
Section 17 of the Rehabilitation of Disabled Persons Act B.E. 2534 stipulated that employers or owners of the private companies are to hire disabled persons by type of wok in the ratio appropriate to other employees. In case employers or owners of private companies prefer not to employ disabled persons to work by the set ratio, the employers or owners of such companies can donate money to the Fund for Rehabilitation of Disabled Persons using the rate designated in the ministerial regulations. It is thus necessary to issue these ministerial regulations accordingly.
515
No.1 In the case of any private company or workplace that has more than 200 employees, the
employers or owners of such companies are to hire disabled persons to any position in a ratio of 1 disabled person to every 200 regular employees. In cases where the company has over 200 employees, the company is to hire 1 additional disabled employee for every 100 regular employees. Exemption is allowed only in cases where there is no work suitable for disabled persons and the owner of the workplace has informed and received concurrence from the Department of Public Welfare.
The Department of Public Welfare is to define the type of work disabled persons can perform and announce in the Royal Gazette.
Any private company/workplace that does not have disabled employees or does not have them in the ratio mentioned in No.1 is subject to inform the Department of Public Welfare by January 30th of each year. An advertisement specifying the company’s interest to hire disabled persons must be posted for not less than 30 days. If there is no disabled person applying or the Department of Public Welfare fails to send any candidate within 30 days after the Department is informed of the company’s interest, the private company or workplace is exempted from the stipulation mentioned in No.1.
No.2 In the hiring process of disabled persons as mentioned in paragraph 3 of No.1, the private company/workplace, with consent from the Department of Public Welfare, can specify characteristics of disabled persons that will match type of work needed.
Failure to hire a disabled person who either has applied for the position or has been recommended by the Department of Public Welfare for reason not associated with behaviour or history of the impairment or type of impairment mentioned in paragraph 1, it is considered that the private company/workplace wishes not to employ disabled persons.
No.3 Any employer or owner of the company who has the duty to hire disabled persons but prefers not to do so, must send the money to the Fund for Rehabilitation of Disabled Persons on an annual basis using the per year rate of half of the minimum wage applied in the area where the workplace is located times 365 and times the number of disabled persons the company wishes not to employ.
No.4 Money sent to the Fund can either be in cash, crossed check or postal money order.
It must be sent to Office of the Committee for Rehabilitation of Disabled Persons, Department of Public Welfare or to the Provincial Public Welfare Office where the company/ workplace is located.
No. 5 At the beginning, employer or owner of the company/workplace is to follow the ministerial regu1ations within 90 days after the Department of Public Welfare has established type of work disabled persons can perform pursuant to No.1, paragraph 2. But, informing the Department of Public Welfare pursuant to No.1 paragraph 3 must be done within 30 days after the announcement date on type of work suitable for disabled persons by the Department of Public Welfare.
Issued on July 21 B.E. 2537
Sign Paitoon Kaewthong
(Mr. Paitoon Kaewthong) Minister of Labour and Social Welfare
(Translation)
Record of Principle and Rationale
In Support of the Ministerial Regulations No.2
A.D. 1994 (B.E. 2531)
Issued Pursuant to the Rehabilitation
of Disabled Persons Act
A.D. 1991 (B.E. 2534)
PRINCIPLE
To designate type and criteria of disabled persons
RATIONALE
Section 4 of the Rehabilitation of Disabled Persons Act, B.E. 2534 stipulated that disabled person means a person with physical, intellectual or mental abnormality or malfunctioning classified by type and criteria designated in the ministerial regulation. It is thus necessary to issue this ministerial regulation to designate type and criteria of disabled persons accordingly.
(Translation)
MINISTERIAL REGULATIONS No.2
A.D. 1994 (B.E. 2537)
Issued Pursuant to the Rehabilitation of Disabled Persons Act
A.D. 1991 (B.E. 2534)
Pursuant to Sections 4 and 20 of the Rehabilitation of Disabled Persons Act B.E. 2534,
the Minister of Public Health hereby issued the ” following ministerial regulations:
No.1 Types of disabled persons are classified as follows:
(1) impairment in terms of sight
(2) impairment in terms of hearing or communication
(3) impairment in terms of physical functioning and locomotion (4) impairment in terms of mentality or behaviour
(5) impairment in terms of intellectual or learning ability
No.2 Impairrnent-in terms of sight means:
(a) an individual whose better eye, after using regular eye glasses, is able to see less than 6/18 or 20/70 downward until unable to see any light, or
(b) an individual who has a visual field of less than 30¡
No.3 Impairment in terms of hearing or communication means:
(a) an individual with hearing frequency of 500, 1000, or 2000 Hertz in a better ear under the average audibility as follows:
(1) over 40 decibels up to the point of not hearing at all for a child of not older than 7 years of age
(2) over 55 decibels up to the point of not hearing at all for a general person, or
(b) an individual with abnormality or malfunctioning of the hearing system to comprehend or use verbal language to communicate with others.
No. 4 Impairment in terms of physical functioning or locomotion means:
(a) a person with obvious abnormality or malfunctioning of the physical condition which makes her/him unable to perform daily routine activities, or
(b) a person who has lost her/his ability to move hands, arms, legs, or body as a result of amputation, paralysis or weakness, rheumatic disease, arthritis or chronic pain including other chronic illness caused by body system dysfunction inhibiting her/him to perform daily routine activities or maintain a living like an ordinary person.
No.5 Impairment in terms of mentality or behavioral condition means an individual with psychological abnormality or malfunctioning of certain parts of the brain associated with perception, emotion and thought which causes inability for her/him to control behaviour necessary for self-care or living with others.
No.6 Impairment in terms of intellectual or learning ability means a person with abnormality or malfunctioning of the brain or intelligence level which causes inability of the person to learn through a regular educational system.
No.7 All types of disabled persons with abnormality or malfunc-tioning have the right to receive benefits pursuant to the Rehabilitation of Disabled Persons Act B.E. 2534 only after the person has completed regular treatment but the abnormal conditions remain unchanged.
No.8 Medical professionals from government and state enterprise hospitals and others as announced by the Ministry of Public Health are entitled -to diagnose impairment status and issue an official document to confirm the impairment condition using the form as attached herewith.
Issued on July 28 A.D. 1994 (B.E. 2537)
Sign Arthit Ourairat
(Mr. Arthit Ourairat) Minister of Public Health