Section 26, The Persons With Disability Act, 2011

(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.