[PDF] The Act Relating to Rights of Persons with Disabilities 2074 (2017)

View - Download The Act Relating to Rights of Persons with Disabilities 2074 (2017)

Previous PDF

Next PDF

www.lawcommission.gov.np 1 The Act Relating to Rights of Persons with Disabilities, 2074 (2017)

Date of Publication in the Nepal Gazette

2074.6.29 (15 October 2017)

Amending Act

The Act Relating to Rights of Persons with Disabilities (First Amendment), 2075 (2018) 2075.6.2 (18 September 2018)

Act No.25 of the year 2074 (2017)

An Act Made to Provide for the Amendment and Consolidation of Laws Relating to the

Rights of Persons with Disabilities

Preamble:

Whereas, it is expedient to amend and consolidate laws relating to rights of persons with disabilities in order to respect their civil, political, economic, social and cultural rights by doing away with discrimination against persons with disabilities and to ensure the environment that enables persons with disabilities to earn self-reliant and respectful living by empowering persons with disabilities and getting them to have participation in the process of policy making, and development; Now, therefore, be it enacted by the Legislature-Parliament pursuant to clause (1) of Article 296 of the Constitution of Nepal.

Chapter-1

Preliminary

1. Short title and commencement: (1) This Act may be cited as the Act Relating

to Rights of Persons with Disabilities, 2074(2017). (2) This Act shall commence on the ninety-first day of the date of its authentication.

2. Definitions: Unless the subject or context otherwise requires, in this Act,

(a) "Helpless person with disabilitya person with disability who does not have any property or any family member or guardian to attend, care and serve him or her or who cannot earn their living by way of self- employment. (b) y a person who has long-term physical, mental, intellectual or sensory disability or functional impairments or www.lawcommission.gov.np 2 existing barriers that may hinder his or her full and effective participation in social life on an equal basis with others; (c) 1 (d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the

Rules framed under this Act.

(e) referred to in Section 38; (f) -father, grand-mother, father, mother, son, daughter, elder brother, younger brother, elder sister, younger sister, husband or wife of a person with disability, and this terms also includes other relative of him or her relative living in the undivided family; (g) a condition where the persons with disabilities can fully and with no barriers use, on an equal basis with others, human-made physical structures, means of transportation, information and communication equipment and technologies or services and facilities provided to the public in order to enable such persons so that they can live self-dependently and fully participate in every aspect of life; (h) rethe rehabilitation centre as referred to in

Section 29;

(h1)2 nterprise factory, organization, institution, association, company, firm or other organization that has been established, incorporated, registered, formed or in operation under the prevailing law with the objective of doing business, industry or service, with or without profit-motive; (i) Lmeans spoken or sign language and other forms of non-spoken languages; (j) 3

Government of Nepal;

(k) C tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative

1 Deleted by the First Amendment.

2 Inserted by the First Amendment.

3 Amended by the First Amendment.

www.lawcommission.gov.np 3 modes, means and formats of communication, including accessible information and communication technology; (l) (m) (n) protection of the rights and interests of the persons with disability; (o)

Chapter-2

Classification of Disability, Identity Card and Records

3. Classification of disability: (1) The classification of disability shall be as

contained in Schedule. (2) The Ministry may, as prescribed, make alteration in the classification of disability referred to in sub-section (1), on the recommendation of the

Committee.

4. Provisions relating to disability identity card: (1) In order to obtain the

disability identity card, a person with disability himself or herself or any of his or her family members or guardian shall make an application, along with recommendation of the concerned Ward Office to the Local Level.4 (2) Notwithstanding anything contained in sub-section (1), if a person with disability is not able to make an application on his or her own or any of his or her family members or guardian is not available, the Ward Chairperson of the concerned Ward may, on his or her behalf, make an application pursuant to sub- section (1) for the disability identity card. (3) Upon receipt of an application pursuant to sub-section (1) or (2), the Local Level shall make necessary inquiry into the application, and in the case of the person with disability whose disability appears clearly upon making such inquiry, issue the disability identity card in the prescribed format, also specifying the classification of disability. (4) If, in making inquiry into the application pursuant to sub-section 3, it is not clear to which classification of disability the person belongs or there is a doubt

4 Amended by the First Amendment.

www.lawcommission.gov.np 4 as to whether the person has disability, the Local Level shall submit the matter to the coordination committee, and shall give the disability identity card pursuant to sub-section (3), on the basis of Recommendation of that committee. (5) Before making the recommendation pursuant to sub-section (4), the coordination committee shall, if it considers necessary to have physical examination of the person obtaining disability identity card, have the health- check-up of that person in a nearby government hospital, at the expenses of the

Local Level.

(6) If, upon making an inquiry or physical examination pursuant to this section, it appears that the disability identity card cannot be issued to any person, the Local Level shall give information thereof, along with the reason, to the applicant. (7) A person who is not satisfied with the decision made by the Local Level not to issue the disability identity card pursuant to sub-section (6) may make a complaint in the ministry or the official designated by the Ministry within thirty- five days and the decision made by the Ministry on such a complaint shall be final. (8) Other provisions relating to the issuance of the identity card to the person with disability shall be as prescribed.

5. Prohibition on obtaining identity card by giving false details: (1) No person

shall obtain the disability identity card by giving false details or obtaining the disability identity card of another category of disability by giving false details to the effect that the person belongs to that category of disability. (2) If any person obtains the disability identity card in contravention of sub-section (1), the identity card obtained by that person shall be cancelled, and action shall be taken against that person under this Act. (3)5 Notwithstanding anything contained in sub-section (2), if it appears that any authority has issued another category of identity card to a person with disability despite that the real details were provided, recommendation shall be made for action against the authority issuing that identity case, under the prevailing law. (4) If it is found that any person has, on the basis of the disability identity card obtained by furnishing false details, been appointed to the post that is

5 Amended by the First Amendment.

www.lawcommission.gov.np 5 reserved for the person with disability in accordance with the prevailing law, notwithstanding anything contained in the prevailing law, such appointment shall be cancelled at any time, the salary and other facilities obtained by him or her shall be recovered as government dues, and such a person shall be punished under the prevailing law as if he or she has lied the qualification for obtaining the post.

6.6 To maintain records: (1) The Local Level shall prepare records, along with the

details as prescribed, of the persons with disabilities who reside permanently within its area and update such records each year. (2) The Local Level shall forward the records updated in accordance with sub-section (1) to the Ministry looking after the federal affairs of the Government of Nepal, Ministry and the Provincial Ministry looking after the social sector. (3) The Ministry shall prepare integrated details of the persons with disabilities, on the basis of the records received pursuant to sub-section (2). (4) It shall not be bound to provide the services and facilities to be provided under this Act to those persons with disabilities who are not included in the records pursuant to this Section.

Chapter-3

Rights of Persons with Disabilities

7. Entitlement to enjoy rights under the prevailing law: The persons with

disabilities shall have the right to enjoy the rights granted under the prevailing law on an equal basis with others, in addition to the rights granted by this Act.

8. Right against discrimination: (1) No person with disability shall be subjected to

discrimination on the basis of disability or be deprived of personal liberty.

Explanation: For the purposes of this Section,

disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, and this term also includes denial of reasonable accommodation. (2) No person shall make any kind of discrimination on the basis of disability in making enrolment of a person with disability in an educational institute, in lending loans by a bank or financial institution, with or without

6 Amended by the First Amendment.

www.lawcommission.gov.np 6 security, or doing other financial transaction or in selecting any employment or in providing any service, facility provided publicly whether for fee or reward. (3) No member of his or her family or guardian shall, on the basis of disability, make any kind of discrimination against a person with disability in the maintenance, care, provision of foods, distribution of property or any other act. (4) No person shall, on the basis of disability, be prohibited from using or entering into any building or place that is open for use or entry by the general public whether with or without fee or no additional terms or liability shall be imposed in this respect on such basis.

9. Right to community life: (1) A person with disability shall have the right to live

with his or her family or guardian or in a place of residence chosen by him or her, on an equal basis with others, and he or she shall not be compelled to live in any specific place. (2) The persons with disabilities shall have the right to obtain assistive materials and community assistance in order to earn the living respectfully.

10. Right of protection: (1) The person with disability shall have the right to obtain

protection against any kind of inhuman or degrading treatment, physical or mental violence, gender-based violence, domestic violence, sexual harassment and exploitation by the family guardian or other person. (2) The persons with disabilities shall have the right to obtain security, rescue and protection with priority in times of armed conflict, state of emergency or disaster. (3) The Government of Nepal shall make the following provisions in order to protect the persons with disabilities against any kind of exploitation, violence and harassment including gender-based violence: (a) To obtain information of incidents of exploitation, violence, harassment, gender-based and sexual violence committed against the persons with disabilities, and maintain records thereof, (b) to take effective legal action in accordance with this Act and the prevailing law against exploitation, violence and incidents referred to in clause (a), (c) To immediately and effectively provide security to, rescue, protect and rehabilitate, the victims from such incidents, (d) To make proper arrangements for preventing such incidents, www.lawcommission.gov.np 7 (e) To launch awareness and counselling programs at the community level against such incidents.

11. Right of political participation: (1) The persons with disabilities shall, on an

equal basis with others, have the right to become candidate in elections in a fearless environment and to cast votes voluntarily, with or without assistance of others. (2) The Government of Nepal shall make appropriate provisions that the process and facilities of voting are accessible to the persons with disabilities and materials related thereto are easily understandable by and accessible to them.

12. Right of participation in policy making: (1) The persons with disabilities shall

have the right to participate on their own or through their related unions, organisations in the process of development of important policies that may affect them. (2) In making participation in the development of policies pursuant to sub- section (1), the views expressed by the persons with disabilities shall be given appropriate place on the basis of relevancy.

13. Right to form unions: The persons with disabilities shall have the right to

establish, operate and manage unions or organisations in accordance with the prevailing law.

14. Right to participate in the cultural life: (1) The persons with disabilities shall

quotesdbs_dbs28.pdfusesText_34

[PDF] 2074 dir

[PDF] plus ou moins values réalisées en 2016

[PDF] règle de trois explication

[PDF] examen calcul variationnel pdf

[PDF] dérivée fonctionnelle exemple

[PDF] formulation variationnelle des problèmes aux limites

[PDF] problème variationnel

[PDF] minimiser une fonctionnelle

[PDF] methode variationnelle cours

[PDF] principe variationnel

[PDF] identité de beltrami

[PDF] probleme variationnel lagrangien

[PDF] formulation variationnelle exercices corrigés

[PDF] cours volume 6ème

[PDF] comment calculer le déterminant dune matrice 4x4