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NATIONAL COUNCIL FOR DISABILITY ACT, 2003.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Short title

   2.   Interpretation.

PART II
ESTABLISHMENT, FUNCTIONS AND COMPOSITION OF THE COUNCIL.

   3.   Establishment of Council.

   4.   Seal of the Council.

   5.   Objectives of the Council.

   6.   Functions of the Council.

   7.   Composition of the Council.

   8.   Tenure of office of members of Council.

   9.   Chairperson of the Council.

   10.   Remuneration of members.

   11.   Meetings of the Council.

   12.   Committees of the Council.

PART III
THE SECRETARIAT.

   13.   Secretariat and Secretary General.

   14.   Functions of Secretary General.

   15.   Remuneration of Secretary General and other staff.

   16.   Other Staff.

   17.   Experts and consultants.

PART IV
LOWER COUNCILS FOR DISABILITY.

   18.   District Council for Disability.

   19.   Functions of District Council for Disability.

   20.   District or City Secretariat and staff.

   21.   Subcounty Council for Disability.

   22.   Functions of Subcounty Council for Disability.

   23.   Remuneration of members of District and Subcounty Councils for Disability.

   24.   Meetings of District and Subcounty Councils for Disability.

PART V
FINANCIAL PROVISIONS.

   25.   Funds of the Council.

   26.   Borrowing powers.

   27.   Estimates of income and expenditure.

   28.   Financial year of the Council.

   29.   Accounts.

   30.   Audit.

   31.   Investment of funds.

PART VA
ELECTION PROVISIONS.

   31A.   

   31AA.   Election of councils and committees.

   31B.   Sponsorship of candidates by political organisations or political parties.

   31C.   Disability codings.

PART VI
MISCELLANEOUS.

   32.   Protection of members of the Council and staff from civil action.

   33.   Progress Report of the Council.

   34.   Regulations.

   35.   Minister's power to amend Schedule.

      Schedule   Meetings of the Council.

      Schedule A   The electoral structure for persons with disabilities.

      Schedule B   Disability codings.

NATIONAL COUNCIL FOR DISABILITY ACT, 2003.

Commencement: 20 October, 2003.

   An Act to provide for the establishment of a National Council for Disability, its composition, functions and administration for the promotion of the rights of persons with disabilities set out in international conventions and legal instruments, the Constitution and other laws, and for other connected matters.

PART I
PRELIMINARY.

1.   Short title.

   This Act may be cited as the National Council for Disability Act, 2003.

2.   Interpretation.

   In this Act; unless the context otherwise states—

   "coping with disability" means being able to adopt to the limitations resulting from disability and the social, physical, political and economic environment;

   "Council" means the National Council for Disability established by section 3 of this Act;

   "disability" means substantial functional limitation of daily life activities of an individual caused by physical, sensory or mental impairment and environmental barriers;

   "equalisation of opportunities" means the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to persons with disabilities without bias;

   "lower Councils for disability" includes district, city, municipal, city divisions, municipal divisions, town and subcounty councils for disability;

   "Minister" means the Minister responsible for disability affairs;

   "NGO" means Non-Governmental Organisation;

   "Secretariat" means the Secretariat established under section 13 of this Act;

   "service providers" means any person or organisation rendering services or providing goods to persons with disabilities;

   "Standard Rules on the Equalisation of Opportunities for persons with disabilities" means The United Nations vision on how services can be extended to persons with a disability adopted by the United Nations General Assembly at its 48th"> session on 20th"> December, 1993 in its resolution 48/96.

PART II
ESTABLISHMENT, FUNCTIONS AND COMPOSITION OF THE COUNCIL.

3.   Establishment of Council.

   (1) There is established a Council to be known as the National Council for Disablity.

   (2) The Council shall be a body corporate with perpetual succession, a common seal and may sue or be sued in its corporate name.

   (3) The Council may, for and in connection with its objectives and functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and any other transaction as may be expedient, and may do any act or thing that is lawfully done by a body corporate.

4.   Seal of the Council.

   (1) The seal of the Council shall be kept under the custody of the Executive Secretary and shall be authenticated by the signature of the Chairperson of the Council and the Executive Secretary.

   (2) A document purporting to be an instrument issued with the seal of the Council and authenticated in the manner provided under subsection (1) shall be deemed to be a document of the Council and shall be admissible in evidence without further proof, except where the contrary is shown.

5.   Objectives of the Council.

   The objectives of the Council are—

   (a)   to promote the implementation and the equalisation of opportunities for persons with disabilities;

   (b)   to monitor and evaluate the impact of policies and programmes designed for equality and full participation of persons with disabilities;

   (c)   to advocate for and promote effective service delivery and collaboration between service providers and persons with disability;

   (d)   to advocate for the enactment of laws and the reviewing of existing laws with a view to complying with the equalisation of opportunities as stipulated in the United Nations Standard Rules on the Equalisation of Opportunities for persons with disabilities, the Constitution and other laws and international legal instruments.

6.   Functions of the Council.

   (1) The functions of the Council are—

   (a)   to act as a body at a national level through which the needs, problems, concerns potentials and abilities of persons with disabilities can be communicated to Government and its agencies for action;

   (b)   to monitor and evaluate the extent to which Government, NGOs and the private sector include and meet the needs of persons with disabilities in their planning and service delivery;

   (c)   to act as a coordinating body between Government departments, other service providers and persons with disabilities;

   (d)   to solicit for and acquire funds and other resources from Government and donors for use in the performance of the Council's functions;

   (e)   to advocate for the promotion of and encourage activities undertaken by institutions, organisations and individuals for the promotion and development of programmes and projects designed to improve the lives and situation of persons with disabilities;

   (f)   to carry out or commission surveys and investigations in matters or incidents relating—

      (i)   to violation of rights of persons with disabilities,

      (ii)   noncompliance with programmes, policies or laws relating to disabilities;

and take appropriate action in relation thereto or refer the matter to the relevant authority;

   (g)   to hold annual general meetings of representative from lower councils for persons with disabilities for the purposes of reviewing the Council's performance and also plan for the subsequent yea

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