Persons with Disabilities Act, 1996
- Commenced on 12 December 1996
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Persons with Disabilities Act, and shall come into force on such date as the Minister may, by statutory order, appoint.
2. InterpretationIn this Act, unless the context otherwise requires—"Agency" means the Zambia Agency for persons with Disabilities 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Board established under section eight;"Council" means the Zambia Council for the Handicapped established under the repealed Act;[Cap. 551 of the old edition]"Director" means the Director of the Board appointed under section twelve;"Director-General" means the person appointed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 impairment or inability to perform any activity in the manner or within the range considered normal for a human being, and would or would not entail the use of supportive or therapeutic devices and auxiliary aids, interpreters, white cane, reading assistants, 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section seven and twelve;"white cane" means a special walking stick used as a guide by a visually impaired person;"repealed Act" means the Handicapped Persons Act.
Part II – The Zambia Agency for Persons with Disabilities
3. Establishment of Agency
4. Restriction on execution against property of AgencyNotwithstanding anything contrary contained in any written law, where any judgement or order has been obtained against the Agency, no execution or attachment or process of any nature, shall be issued against the Agency or against any property of the Agency, but the Director-General shall cause to be paid out of the revenue of the Agency such amounts against the Agency to the person entitled thereto.
5. Composition of Agency
6. Functions of AgencyThe functions of the Agency shall be to—
7. Director-General and other staff
Part III – Management Boards
8. Establishment of Boards
9. Restriction on execution against property of management BoardsNotwithstanding 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.
10. Composition of BoardThe Minister shall appoint members of each Board, by statutory instrument.
11. Functions of Boards
12. Director and other staff
Part IV – Registration
13. Registration of persons with disabilities
14. Registration of associations
15. Registration of institution
Part V – Inspection
16. Inspection of institutions
17. Powers of inspector
18. Duty of inspector to report to Director-General
Part VI – Discrimination on grounds of disability
19. Discrimination on grounds of disability
20. Discrimination in employmentAn employer shall not treat a person with a disability differently from a person without a disability when—
21. Discrimination in learning institutionsA learning institution shall be guilty of discriminating against person with a disability if that institution—
22. Facilities for special schoolsAny person who establishes a special school for persons with disabilities shall provide adequate facilities for them.
23. Special fund for repair of aids and appliances
24. Tax rebate
25. Adjustment orders
26. Premises and amenities to be accessible to persons with a disabilityOn 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.[Cap. 283]
Part VII – Miscellaneous
27. Vesting of assets and transfer of liabilitiesOn 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. Registration of property to be transferred
29. Legal proceedingsAny legal proceedings or application pending before any authority before the commencement of this Act by or against the Council in relation to the assets transferred to the Agency, may be continued by or against the Agency.
30. Transfer of staff
31. Secondment to another Board
32. General PenaltyAny 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.
33. RegulationsThe Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.
34. Repeal of Cap. 551 of the old editionThe Handicapped Persons Act is hereby repealed.
History of this document
31 December 1996 this version
12 December 1996