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The Persons With Disability Act, 2011
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Contents
- Preamble
- Section 1 — In this Act, unless the context otherwise requires-
- Section 2
- Section 3 — (1) The Commission shall consist of–
- Section 4
- Section 5 — (1) Where a person ceases to be a member of the
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21 — An employer shall-
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35 — A parent, guardian or next-of-kin or carer who-
- Section 36
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41 — (1) The Attorney-General may, after consultation with the
- Section 42
THE PERSONS WITH DISABILITY ACT, 2011
Being an Act to establish the National Commission for
Persons with Disability, to prohibit discrimination against persons
with disability, achieve equalization of opportunities for persons with
disability and to provide for other related matters.
[ ]
E NACTED by the President and Members of Parliament in this
present Parliament assembled.
Date of commencement.
S IGNED this 20th day of April, 2011.
DR. ERNEST BAI KOROMA,
President.
LS
PART I–PRELIMINARY
“adjustment order” means an order made by the
Commission under section 26;
“assistive devices and services” means carers,
implements, tools and specialized services provided
by people to persons with disability to assist them
in education, employment or other activities;
“Board of Trustees” means the Board of Trustees
established by section 32;
“child” means a person under the age of sixteen;
“Commission” means the National Commission for
Persons with Disability established by section 2;
“court” means the High Court;
“disability” means a physical, sensory, mental or other
impairment which has a substantial long-term adverse
effect on a person’s ability to carry out normal dayto-day activities;
“discrimination” means treatment of a person with a
disability less favourably solely or mainly on the
ground of that person’s disability and includes using
words, gestures or caricatures that demean,
scandalize or embarrass a person with disability;
“educational institutions” include educational,
technical and vocational institutions;
“Fund” means the National Development Fund for
Persons with Disability established by section 31;
“locality” means the area of jurisdiction of a local
council established under the Local Government
Act, 2004.
“medical practitioner” means a person registered as a
medical practitioner or dental surgeon under the
Medical Practitioners and Dental Surgeon’s Act,
1994;
“Minister” means the Minister responsible for social
welfare;
“Ministry” means the Ministry responsible for social
welfare;
“National Revenue Authority” means the National
Revenue Authority established by the National
Revenue Authority Act, 2002;
“organizations for persons with disability” means
associations or societies formed for the purpose of
rendering services to persons with disability;
“organizations of persons with disability” means
associations or societies formed by persons with
disability for their welfare and protection;
“proprietor” includes an owner or manager of
premises.
PART II – ESTABLISHMENT OF THE NATIONAL COMMISSION
FOR PERSONS WITH DISABILITY
(1) There is hereby established a body to be known asthe National Commission for Persons with Disability.
(2) The Commission shall be a body corporate with
perpetual succession and capable of acquiring, holding and disposing
of movable and immovable property, suing and being sued in its
corporate name and, subject to this Act, of performing all such acts
as bodies corporate may by law perform.
2 3
Interpretation.
Establishment
of Commission.
Act No 1 of
2004.
Act No. 12
of 1994.
Act No. 11
of 2002.
(3) The Commission shall have a common seal the use of
which shall be authenticated by the signatures of the Chairman and
the Executive Secretary or by any other member designated in that
behalf by the Commission.
(a) a Chairman who shall be a person with
knowledge on disability issues;
(b) one representative each of the Ministries
responsible for the following:-
(i) social welfare;
(ii) finance;
(iii) youth and sports;
(iv) health;
(v) education;
(vi) employment;
(vii) transport;
(viii) tourism and culture.
(c) four representatives of the Sierra Leone
Union on Disability Issues and other
organizations of persons with disability
including at least one female;
(d) two representatives from non-governmental
organizations dealing with disability issues;
and
(e) the Executive Secretary.
(2) The Chairman shall be appointed by the President on
the recommendation of the Minister and subject to the approval by
Parliament.
(1) The Chairman and other members of the Commissionexcept representatives referred to in paragraph (b) of section 3 and
the Executive Secretary shall hold office for a term of three years and
shall be eligible for re-appointment for another term only.
(2) A person shall cease to be a member of the
Commission if-
(a) the member’s term expires;
(b) the member resigns by written notice
addressed to the Minister;
(c) the member fails to attend three consecutive
meetings of the Commission without
reasonable cause;
(d) the member dies or is physically or mentally
incapacitated as to be unable to perform the
functions of his office;
(e) the member becomes bankrupt or insolvent;
or
(f) the member is convicted of an offence
involving fraud or dishonesty.
Commission under the circumstances specified in subsection (2) of
section 4-
(a) the members of the Commission shall, where
the person is the Chairman, elect one of their
number to act as Chairman until such time as
another person is appointed in his stead;
(b) in the case of any other member, except the
Executive Secretary, the Chairman shall
arrange, subject to this Act, to have another
person appointed to the Commission.
4 5
Composition
of
Tenure of
office of
members of
Filling of
vacancies.
(2) Where a person is elected or appointed as a Chairman
or a member to fill a vacancy, the Chairman or other member shall hold
office for the remainder of the term of the previous Chairman or member,
as the case may be, and shall , subject to this Act be eligible for reappointment.
(1) The object for which the Commission is establishedis to ensure the well-being of persons with disability.
(2) Without prejudice to the generality of subsection (1),
it shall be the function of the Commission to-
(a) formulate and develop measures in collaboration with the Ministry, designed to achieve
equal opportunities for persons with
disability by ensuring as far as possible that
they obtain education and employment and
participate fully in sporting, recreational and
cultural activities and are afforded equal
access to community and social services;
(b) co-operate with Government during every
national census to ensure that accurate
figures of persons with disability are obtained
in the country, for purposes of planning;
(c) advise the Minister on the provisions of any
international treaty or agreement relating to
the welfare or rehabilitation of persons with
disability and its benefits to the country;
(d) recommend measures to prevent discrimination against persons with disability;
(e) investigate or inquire into on its own or, on
complaint by any person, any allegation of
discrimination against a person with disability
and issue a report on it;
(f) put into operation schemes and projects in
collaboration with the Ministry, for selfemployment or regular or sheltered
employment for the generation of income by
persons with disability;
(g) support and secure the rehabilitation of
persons with disability within their own
communities and social environment;
(h) co-ordinate services provided in Sierra Leone
for the welfare and rehabilitation of persons
with disability and implement programmes
for vocational guidance and counseling;
(i) register and maintain a database of-
(i) persons with disability;
(ii) institutions, associations and organizations, both public and private that
provide services for the rehabilitation
and welfare of persons with disability;
(iii) places at which services for the
rehabilitation of persons with disability
are provided;
(iv) persons with disability whose condition
require constant medical attention;
(v) various levels of skills, training and job
placement of persons with disability;
(j) provide, as far as possible-
(i) assistive devices, appliances and other
equipment to persons with disability;
and
6 7
Functions of
(ii) access to available information and
technical assistance to all public and
private institutions, associations and
organizations concerned with persons
with disability;
(k) assist the Government in the formulation of
suitable curricula for teacher training
institutions, vocational rehabilitation centres
and other training facilities, for persons with
disability;
(l) assess and report to the Minister on the
welfare and rehabilitation of persons with
disability and advise on the relative priorities
to be given to the implementation of those
measures;
(m) issue adjustment orders under section 26;
(n) consult with the Government about the
provision of suitable and affordable housing
for persons with disability;
(o) carry out measures for public information on
the rights of persons with disability and the
provisions of this Act;
(p) perform such functions in relation to the
welfare and rehabilitation of persons with
disability as the Commission may think
necessary.
(2) In addition to the functions set out in subsection (1),
the Commission shall collaborate with the Ministry and relevant
agencies of Government for the provision in all localities of an
integrated system of formal and non-formal education for persons
with disability and the establishment, where possible, of braille and
recorded libraries for persons with visual disability
(1) The Commission shall have power to do such thingsas are necessary or convenient to be done for or in connection with
the performance of its functions and in particular-
(a) on the recommendation of a medical board
set up by the Ministry responsible for health
to issue Permanent Disability Certificates to
persons with disability to make them eligible
to all the rights and privileges provided for
persons with disability under this Act;
(b) to conduct inquiries into any matter relating
to the welfare and rehabilitation of persons
with disability and a person being
investigated and all witnesses will be invited
to appear before the Commission to give
evidence on oath;
(c) appoint an officer or officers who shall be
empowered to investigate and report to the
Commission any infringement of this Act;
(d) to establish committees consisting of
members and non-members of the
Commission and where necessary to co-opt
experts to serve on such committees;
(e) to vest in or delegate to any committee
established under paragraph (d) such
functions of the Commission as the
Commission may determine; and
(f) to engage or make arrangements with other
persons to carry out research or supply
information, on the rehabilitation of persons
with disability.
(2) The Commission shall refer to the court for contempt
any person who without justifiable cause fails to comply with an
order, decision or directive of the Commission within a specified time.
8 9
Powers of
(3) The Commission shall submit a report of any
investigation to the Minister and may in its report recommend the
payment of compensation for victims of discrimination.
(4) Any person who is aggrieved by a recommendation
of the Commission made in a report may appeal to the court.
(1) The Commission shall meet not less than four times inevery year at such time and place as the Chairman shall determine.
(2) The Chairman shall preside at every meeting of the
Commission at which he is present and in his absence another member
elected by the members present shall preside.
(3) The quorum at a meeting of the Commission shall be
five.
(4) Each member shall have one vote but in the case of an
equality of votes, the Chairman or other person presiding shall have
a casting vote.
PART III - STAFF OF COMMISSION
(1) The Commission shall have an Executive Secretarywho shall be appointed by the Commission on such terms and
conditions as the Commission may determine.
(2) The Executive Secretary shall hold office for a term of
five years and shall be eligible for re-appointment for another term
only.
(3) The Executive Secretary shall be a person with-
(a) formal qualification in any profession
relevant or appropriate to the functions of
the Commission; and
(b) such proven ability in administration and
management as the Commission may determine.
(4) The Executive Secretary shall-
(a) be responsible to the Commission for the dayto-day administration of the Commission
including arrangement of the business,
recording and keeping of the minutes of the
meetings of the Commission and the
supervision and discipline of the other staff
of the Commission;
(b) consult with Ministries, local councils, and
other relevant organizations and institutions
to secure the implementation of measures
decided by the Commission; and
(c) perform such other functions related to this
Act as the Commission may direct.
(5) The Commission shall employ such other staff in its
Secretariat as may be necessary for the discharge of its functions on
such terms and conditions as the Commission may determine.
PART IV– FINANCIAL PROVISIONS
The activities of the Commission shall be financed by afund consisting of-
(a) monies appropriated by Parliament for the
purposes of the Commission;
(b) gifts, grants or donations from any person or
organization whether local or external.
The financial year of the Commission shall be the same asthe financial year of Government.
(1) The Commission shall keep proper books of accountsand proper records in relation to the accounts in a form approved by
the Auditor-General.
(2) The Commission shall prepare within a period of three
months after the end of each financial year, a statement of its accounts.
(3) The books of accounts shall be audited annually by
the Auditor-General or by an auditor appointed by him and a report
on the audit shall be submitted to the Commission.
(1) The Executive Secretary shall within three monthsafter the end of each financial year, submit for the approval of the
Commission an annual report of the activities, operations finances
and properties of the Commission for that year.
(2) Subject to subsection (1), an annual report shall
include a copy of the audited accounts of the Commission together
with the audit report on the audited accounts.
10 11
Meetings of
Executive
Secretary.
Funds of
Financial year
of the
Accounts and
audit.
Annual report
of Commission.
(3) A copy of the annual report approved by the
Commission shall be submitted to the President not later than four
months after the end of the year to which the report relates and the
President shall, as soon as possible but not later than one month
after receipt of the report cause it to be laid before Parliament.
PART V–RIGHTS AND PRIVILEGES OF PERSONS WITH
DISABILITY
(1) Every person with disability shall have a right to freeeducation in tertiary institutions accredited by the Tertiary Education
Commission and approved by the Ministry responsible for education.
(2) The Government shall ensure the structural adaptation
of educational institutions to make them easily accessible to persons
with disability.
(3) Every school shall provide facilities for learning by
people with disability.
(1) A person with disability shall not be denied admissionto or expelled from an educational institution by reason only of his
(2) Educational institutions shall take into account the
special needs of persons with disability with respect to the use of
school facilities, class schedules, physical education requirements
and other similar considerations.
(3) A person who contravenes subsection (1) commits
an offence.
(1) Educational institutions shall endeavour to introducein their institutions sign language and braille.
(2) Students in public educational institutions who
specialize in courses for instruction of persons with disability shall
be entitled to Government scholarships or grants.
(1) Every person with disability shall be provided withfree medical services in public health institutions.
(2) Where disability is detected in the course of a medical
examination, the attending medical practitioner shall submit to the
medical board established under section 7, a preliminary certificate
of disability showing the kind of disability the person is afflicted with
or likely to be afflicted with.
Any child who visits a health centre for medical treatmentshall be screened for the purpose of detecting early signs of disability.
(1) No person shall deny a person with disability havingthe requisite skills and qualifications, access to opportunities for
suitable employment.
(2) An employee with a disability shall be subject to the
same terms and conditions of employment and the same
compensation, privileges, benefits, incentives or allowances as
employees without disability.
(3) A person who contravenes subsection (1) or (2)
commits an offence.
(4) The Commission shall endeavour to secure
employment for persons with disability.
(1) Subject to subsection (2), no employer shalldiscriminate against a person with disability in relation to-
(a) the advertisement of employment;
(b) the recruitment for employment unless the
disability makes it impossible for the person
to perform the particular type of employment;
(c) the creation, classification or abolition of
posts;
(d) the determination or allocation of wages,
salaries, pensions, accommodation, leave or
other such benefits;
(e) the choice of persons for posts, training,
advancements, apprenticeships, transfer,
promotion or retrenchment;
(f) the provision of facilities related to or
connected with employment; or
(g) any other matter related to employment.
12 13
Right to free
education.
Protection
from
discrimination
in educational
institutions.
Courses to be
introduced in
public
educational
institutions
etc.
Provision of
free medical
services.
Compulsory
screening at
health
centres.
Prohibition of
denial of
employment.
Protection
from discrimination in
employment.
(2) Notwithstanding subsection (1), an employer shall
not be regarded as having discriminated against a person with
disability if-
(a) the act or omission alleged to constitute the
discrimination was not wholly or mainly
attributed to the disability of the person;
(b) the disability in question makes it impossible
for the person to perform the particular type
of employment;
(c) special facilities or modifications, whether
physical, administrative or otherwise, are
required at the work place to accommodate
the person with disability, which the employer
cannot reasonably be expected to provide.
(3) A person who contravenes subsection (1) commits
an offence.
(a) retain an employee at his position; or
(b) re-deploy the employee at a place or position
within the establishment,
if the employee acquired the disability while working in the
establishment.
Any contract for employment or for the provision of goods,facilities or services or any other agreement shall be void in-so-far as
it purports to deny any person with disability, any right or privilege
conferred under this Act or in any other way, limits the operation of
this Act.
(1) Subject to subsection (2), a private employer whoengages a person with disability with the requisite skills or
qualification, whether as a regular employee, apprentice or learner
may apply to the National Revenue Authority for a deduction from
his taxable income of an amount equivalent to twenty-five percent of
the total amount paid as salary or wages to the employee.
(2) No deduction shall be made from taxable income
pursuant to subsection (1) unless the employer presents proof-
(a) certified by the Ministry responsible for
labour that the person with disability in
respect of whom he claims the deduction is
under his employment; and
(b) that the person with disability so employed
is accredited by the Commission as to his
disability, skills and qualifications.
(3) A private employer who employs or modifies his
physical facilities or avails special services in order to provide
reasonable accommodation for employees with disability may apply
to the National Revenue Authority for additional deduction from his
net taxable income an amount equivalent to fifty percent of the direct
cost of the improvements, modifications or special services.
(1) Persons with disability shall be entitled to a barrierfree environment to enable them to have access to buildings, roadsand other social amenities and assistive devices and other equipment
to assist their mobility.
(2) A proprietor of a public building shall adapt it to suit
persons with disability in such a manner as may be specified by the
(3) All proprietors of public buildings shall comply with
subsection (1) within five years of the coming into operation of this
Act.
(1) Operators of public service vehicles shall adapt suchvehicles to convey persons with disability, in such manner as may be
specified by the Commission.
(2) The adaptation of the public service vehicles shall be
effected within five years of the coming into operation of this Act.
(3) For the purposes of this section, “public service
vehicles” means transport that provides the public with general or
special service on a regular and continuing basis.
(1) Where the Commission considers that any publicpremises are inaccessible to persons with disability by reason of any
structural, physical or other impediment, the Commission may serve
on the proprietor of the premises concerned an adjustment order-
14 15
Employer to
retain or
redeploy
employee.
Discriminatory
contracts
void.
Ta x
deductions for
employers of
persons with
Right to
barrier-free
environment.
Access to
public
transport.
Adjustment
orders.
(a) setting out a full description of the premises;
(b) stating the grounds on which the
Commission considers that the premises are
inaccessible to persons with disability;
(c) requiring the proprietor to undertake at his
own expense and within a stipulated period,
such measures as may be specified in order
to secure reasonable access to the premises
by persons with disability;
(d) stating the period within which the measures
referred to in paragraph (c) shall be effected.
(2) The Commission shall, before serving an order under
subsection (1), serve notice upon the proprietor concerned-
(a) specifying the ground upon which the
adjustment order is to be issued and the
nature of the action which the Commission
considers necessary to rectify the situation
which has given rise to the proposed order;
(b) stipulating the maximum period that the
Commission considers reasonable for the
implementation of the action it proposes to
order; and
(c) calling on the proprietor, if he wishes to do
so, to make representation to the Commission
within thirty days from the date of service of
the notice.
(3) After considering any representation made pursuant
to paragraph (c) of subsection 2, the Commission may issue or defer
the issuance of an adjustment order.
(4) A proprietor may within thirty days of the issuance of
an adjustment order, appeal to the court against the issuance of the
adjustment order, on any of the following grounds:-
(a) that he cannot reasonably be expected to bear
the whole or any part of the expenses required
in implementing the adjustment order;
(b) that the period stipulated for implementing
the adjustment order is unreasonable;
(c) that the nature of the action required to be
taken in terms of the adjustment order is, in
the circumstances of the case, unreasonable;
or
(d) that adequate access to the premises
concerned may be secured without recourse
to the action required by the adjustment
order.
(5) Upon hearing an appeal under subsection 4, the court
may-
(a) confirm, vary or set aside the adjustment
order; or
(b) make such order as it thinks fit.
(6) An order made pursuant to subsection (5) may be
subject to such terms and conditions as the court may think fit.
(7) A person who fails to comply with an adjustment order
made pursuant to this section is guilty of contempt.
No person shall, on the grounds of a disability alone, denya person with disability-
(a) admission into any premises to which
members of the public are ordinarily admitted;
or
(b) the provision of any services or amenities to
which members of the public are entitled,
unless the denial is based on a genuine
concern for the safety of persons with
disability or the public.
(1) Subject to subsection (2), persons with disability shallbe entitled to the use of public recreational or sports facilities for
their social, sporting or recreational activities, free of charge, subject
to the prior approval of the management of the facilities.
(2) Subsection (1) shall not apply in cases where the
recreational or sports facilities are hired exclusively on a private basis.
(3) Persons with disability shall be entitled to participate
in all national and international sports events organized solely for
persons with disability.
16 17
Right of
access to
public
premises,
services and
amenities.
Sports and
recreation.
(4) For the purposes of subsection (3), the Ministry
responsible for sports shall after consultation with the Commission,
provide the necessary and suitable environment including-
(a) architectural infrastructure;
(b) apparatus and equipment;
(c) training and medical personnel;
and
(d) transportation facilities,
for the effective participation of persons with disability.
The National Electoral Commission shall ensure that duringelections, polling stations are made accessible to persons with
disability and shall provide such persons with the necessary assistive
devices and services to facilitate the exercise of their right to vote.
(1) Every organization of or for persons with disabilityshall register with the Commission in such form as the Commission
may determine.
(2) All existing organizations of or for persons with
disability shall, within twelve months after the coming into operation
of this Act, register with the Commission in such form as the
Commission may determine.
(3) Every registration shall be renewed annually.
PART VI–ESTABLISHMENT OF NATIONAL DEVELOPMENT
FUND FOR PERSONS WITH DISABILITY
(1) There is hereby established a fund to be known asthe National Development Fund for Persons with Disability.
(2) The sources of the Fund shall be-
(a) Government annual subventions;
(b) any other donations which the Commission
may receive for the purposes of the Fund.
(3) The Fund shall be applied for the benefit of persons
with disability.
(4) Without limiting the generality of subsection (3) the
Board of Trustees may utilize proceeds of the Fund to-
(a) contribute to the expenses, including capital
expenses, of organisation of or for persons
with disabilities;
(b) contribute to the expenses, including capital
expenses, of institutions that train carers of
persons with disability;
(c) contribute to the capital expenses of projects
undertaken by the Government for the benefit
of persons with disability;
(d) provide or contribute to the cost of assistive
devices and services.
(1) The Fund shall be managed by a Board of Trusteeswhich shall consist of-
(a) the Chairman of the Commission;
(b) the Executive Secretary who shall be the
Secretary;
(c) two representatives of the Ministry;
(d) a representative of the Ministry responsible
for finance;
(e) one representative each of organization of
persons with visual disability, hearing
disability, mental disability and physical
disability respectively; and
(f) not more than three representatives of donors
who in the opinion of the Minister provide
substantial support for the welfare of persons
with disability;
(2) The Commission shall appoint a person as treasurer
to the Fund.
18 19
Voting access.
Organizations
to register.
National
Development
Fund for
Persons with
Disability.
Board of
Trustees.
PART VII–RELIEF AND INCENTIVES
(1) Materials, articles, equipment and motor vehicles thatare modified or designed for the use of persons with disability shall
be exempt from import duty, goods and services tax, demurrage
charges, port charges and any other levy which would in any way
increase their cost to the disadvantage of persons with disability.
(2) All goods, items, implements or equipment donated to
organizations of or for persons with disability shall be exempt from
import duties.
(1) Any donation, bequest, subsidy or financialassistance which may be made to the Commission or Government
agency or organization involved in the rehabilitation of persons with
disability shall be allowed as a deduction from the donor’s gross
income for the purpose of computing taxable income.
(2) The Minister responsible for finance or other
appropriate authority shall endeavour to provide, subject to any
other relevant enactment, incentives to local manufacturers of
technical aids and appliances used by persons with disability in
accordance with the investment incentives policy approved by
Cabinet.
PART VIII– OFFENCES AND PENALTIES
(a) conceals a person with disability; or
(b) fails to register a person with disability,
commits an offence and shall on conviction be liable to a fine not
exceeding two million leones or to imprisonment for a term not
exceeding one year or to both the fine and imprisonment.
(1) Any person who willfully or negligently causes adisability to another person, commits an offence and is liable on
conviction to a fine not exceeding twenty million leones or to
imprisonment for a term not exceeding five years or to both the fine
and imprisonment.
(2) The court may in addition to the penalty prescribed in
subsection (1), order the convicted person to pay to the victim as
compensation, such sum of money as the court may think appropriate.
(1) Any person who commits an offence under this Actfor which no penalty is provided shall on conviction be liable to a
fine not exceeding five million leones or to a term of imprisonment not
exceeding two years or to both the fine and imprisonment.
(2) Any person who fails to comply with any order of the
Commission other than an adjustment order made under section 26
commits an offence and is liable on conviction to a fine not exceeding
five million leones or to a term of imprisonment not exceeding two
years or to both the fine and imprisonment.
(1) Every television station shall provide a sign languageinset or sub-titles in all newscasts and educational programmes, and
in all programmes covering events of national significance.
(2) All persons providing public telephone services shall
as far as possible, install and maintain telephone devices or units for
persons with hearing disability and tactile marks on telephone sets
to enable persons with visual disability to communicate through the
telephone system.
Every Government Ministry shall establish and maintain adisability issues unit for the purpose of facilitating the implementation
and compliance this Act.
The Commission may take appropriate legal action if it isof the view that-
(a) a person or group of persons is engaged in a
practice which is discriminatory under this
Act; and
(b) the discrimination is a significant and
substantial infringement of the rights of
persons with disability and raises issues of
public interest.
Commission and the General Legal Council, make regulations
providing for free legal services for persons with disability in respect
of the following:-
20 21
Relief from
duties etc.
Deductions
from income
tax.
Concealment
of person
with disability, etc.
Causing
disability to
another.
General
penalty.
Additional
facilities for
persons with
Disability
issues units.
Power to take
legal action.
Regulations
for free legal
services.
(a) matters affecting the violation of the rights
of persons with disability or the deprivation
of the rights of persons with disability or the
deprivation of their property; and
(b) such other matters or cases as the Attorney-
General may think fit.
(2) The Rules of Court Committee shall make rules
providing for-
(a) the exemption for persons with disability from
the payment of fees in relation to matters or
cases described in subsection (1); and
(b) the provision of sign language interpretation,
braille services and physical guide assistance
to persons with disability whenever they
attend court.
The Commission may by statutory instrument makeregulations generally for the efficient implementation of this Act.
22 23
Regulations.
PRINTED AND PUBLISHED BY THE G OVERNMENT P RINTING D EPARTMENT , S IERRA LEONE.
G AZETTE NO . 22 OF 5TH M AY 2011.
Passed in Parliament this 10th day of March, in the year of our Lord two
thousand and eleven.
T HIS P RINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
THE PERSONS WITH DISABILITY ACT, 2011
ARRANGEMENT OF SECTIONS
Section No.
PART I–PRELIMINARY
1. Interpretation.
PART II – ESTABLISHMENT OF THE NATIONAL COMMISSION FOR
2. Establishment of Commission.
3. Composition of Commission.
4. Tenure of office of members of Commission.
5. Filling of vacancies.
6. Functions of Commission.
7. Powers of Commission.
8. Meetings of Commission.
PART III–STAFF OF COMMISSION
9. Executive Secretary.
PART IV– FINANCIAL PROVISIONS
10. Funds of Commission.
11. Financial year of Commission.
12. Accounts and audit.
13. Annual report of Commission.
PART V–RIGHTS AND PRIVILEGES OF PERSONS WITH DISABILITY
14. Right to free education.
15. Protection from discrimination in educational institutions.
16. Courses to be introduced in public educational institutions etc.
17. Provision of free medical services.
18. Compulsory screening at health centres.
19. Prohibition of denial of employment.
20. Protection from discrimination in employment.
ACT
Supplement to the Sierra Leone Gazette Vol. CXLII, No. 22
dated 5th May, 2011
(a) matters affecting the violation of the rights
of persons with disability or the deprivation
of the rights of persons with disability or the
deprivation of their property; and
(b) such other matters or cases as the Attorney-
General may think fit.
(2) The Rules of Court Committee shall make rules
providing for-
(a) the exemption for persons with disability from
the payment of fees in relation to matters or
cases described in subsection (1); and
(b) the provision of sign language interpretation,
braille services and physical guide assistance
to persons with disability whenever they
attend court.
42. The Commission may by statutory instrument make
regulations generally for the efficient implementation of this Act.
Regulations.
PRINTED AND PUBLISHED BY THE G OVERNMENT P RINTING D EPARTMENT , S IERRA LEONE.
G AZETTE NO . 22 OF 5TH M AY 2011.
Passed in Parliament this 10th day of March, in the year of our Lord two
thousand and eleven.
T HIS P RINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
21. Employer to retain or redeploy employee.
22. Discriminatory contracts void.
23. Tax deductions for employers of persons with disability.
24. Right to barrier-free environment.
25. Access to public transport.
26. Adjustment orders.
27. Right of access to public premises, services and amenities.
28. Sports and recreation.
29. Voting access.
30. Organizations to register.
PART VI–ESTABLISHMENT OF NATIONAL DEVELOPMENT FUND FOR
31. National Development Fund for Persons with Disability.
32. Board of Trustees.
PART VII–RELIEF AND INCENTIVES
33. Relief from duties etc..
34. Deduction from income tax.
PART VIII– OFFENCES AND PENALTIES
35. Concealment of person with disability, etc.
36. Causing disability to another.
37. General penalty.
38. Additional facilities for persons with disability.
39. Disability issues units.
40. Power to take legal action.
41. Regulations for free legal services
42. Regulations.
ii
37. (1) Any person who commits an offence under this Act
for which no penalty is provided shall on conviction be liable to a
fine not exceeding five million leones or to a term of imprisonment not
exceeding two years or to both the fine and imprisonment.
(2) Any person who fails to comply with any order of the
Commission other than an adjustment order made under section 26
commits an offence and is liable on conviction to a fine not exceeding
five million leones or to a term of imprisonment not exceeding two
years or to both the fine and imprisonment.
38. (1) Every television station shall provide a sign language
inset or sub-titles in all newscasts and educational programmes, and
in all programmes covering events of national significance.
(2) All persons providing public telephone services shall
as far as possible, install and maintain telephone devices or units for
persons with hearing disability and tactile marks on telephone sets
to enable persons with visual disability to communicate through the
telephone system.
39. Every Government Ministry shall establish and maintain a
disability issues unit for the purpose of facilitating the implementation
and compliance this Act.
40. The Commission may take appropriate legal action if it is
of the view that-
(a) a person or group of persons is engaged in a
practice which is discriminatory under this
Act; and
(b) the discrimination is a significant and
substantial infringement of the rights of
persons with disability and raises issues of
public interest.
41. (1) The Attorney-General may, after consultation with the
Commission and the General Legal Council, make regulations
providing for free legal services for persons with disability in respect
of the following:-
General
penalty.
Additional
facilities for
persons with
Disability
issues units.
Power to take
legal action.
Regulations
for free legal
services.
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