L.R.O. 1/2012
LAWS OF GUYANA
PERSONS WITH DISABILITIES ACT
CHAPTER 36:05
Act
11 of 2010
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1 - ... 1/2012 32
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Note
on
Subsidiary Legislation
This Chapter contains no Subsidiary Legislation.
Note
on
Revision
At the time of this publication this Act was not yet in force.
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CHAPTER 36:05
PERSONS WITH DISABILITIES ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Act not in derogation of any other law.
PART II
GUIDING PRINCIPLES
4. Guiding principles.
PART III
THE NATIONAL COMMISSION ON DISABILITIES
5. Establishment of the Commission.
PART IV
REGISTRATION
6. Registration of person and organisations.
7. Giving false information.
PART V
RIGHTS OF PERSONS WITH DISABILITIES
Sub-Part I
Employment
8. Equal opportunity for employment.
9. Complain to Commission.
10. People with disability to take action.
11. Record of persons with disabilities.
12. Vocational training, skills development and training programmes.
13. Employer to maintain records.
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SECTION
Sub-Part II
Education
14. Free primary and secondary education, trained teachers.
15. Access to quality education.
16. Integration to persons with disabilities in schools.
17. Assistance to students with disabilities.
18. Special education.
19. Research.
Sub-Part III
Health
20. National Health Programme.
21. Rehabilitation programme.
22. Rehabilitation programme.
Sub- Part IV
Housing and Water
23. Accommodation and water.
Sub-Part V
Auxiliary Social Services
24. Auxiliary social services.
Sub-Part VI
Sports and Recreation
25. Sports and recreation.
Sub-Part VII
Communications
26. Broadcast media.
27. Telephone services.

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SECTION
Sub-Part VIII
Accessibility
28. Mobility of persons with disabilities.
29. Admission to premises, provision of services.
30. Mobility of vehicle.
31. Public transportation.
Sub-Part IX
Voting
32. Voting
33. Accessibility to polling stations.
Sub-Part X
Concealment
34. Concealment of persons.
PART VI
MISCELLANEOUS
35. Legal action by the Commission.
36. Commission to prosecute.
37. General penalty.
38. Supplementary remedies.
39. Burden of proof.
40. Proof of Exception.
41. Regulations.
42. Act binds State.
SCHEDULE – Constitution, management and functions of the National
Commission on Disabilities.
__________________________

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CHAPTER 36:05
PERSONS WITH DISABILITIES ACT
11of 2010 An Act to provide certain rights to persons with disabilities;
to provide for the promotion and protection and full
and equal enjoyment of the rights; to facilitate the
enforcement of the rights; to eliminate discrimination
on the basis of disability; to provide for the welfare and
rehabilitation of persons with disabilities; to provide
for the registration of persons with disabilities; to
establish the National Commission on Disabilities; and
for connected purposes.

Short title.

Interpretation.

1. This Act may be cited as the Persons with
Disabilities Act.
2. In this Act –
“adjustment order” means an order giving directions or
instructions with respect to adjustments to be made to a
building or part of a building by an owner or occupier.
“auxiliary aids and services” include –
(a) qualified interpreters or other
effective methods of delivering
materials to persons with hearing
impairments;
(b) qualified reader, taped tests, or other
effective methods of delivering
materials to persons with visual
impairments;
(c) other similar services and aids that
facilitate the learning process of
persons with mental disabilities;
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(d) other similar services and aids that
facilitate the learning process of
persons with physical disabilities; and
(e) equipment or devices modified to
assist persons with disabilities.
“auxiliary social services” means the supportive activities in
the delivery of social services to persons with
disabilities;
“body function” means physiological functions of body
systems, including psychological functions;
“body structure” means anatomical parts of the body such as
organs, limbs and their components;
“Commission” means the National Commission on
Disabilities established under section 5;
“communication” includes oral-aural communication, sign
language, Braille, tactile communication, large print,
audio, accessible multimedia, human readers and
other augmentative or alternative modes of
communication, including accessible information and
communication technology;
“disability” means a physical or mental impairment caused
by the limitations of the body structure or of one or
more bodily functions that restrict the ability to
perform ordinary day-to-day life activities;
"discrimination on the basis of disability" means any
distinction, exclusion or restriction on the basis of
disability which has the purpose or effect of impairing
or nullifying the recognition, enjoyment or exercise,
on an equal basis with others, of any of the rights
provided for by this Act;
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“employer” means –
(a) a Ministry, Government Department,
state agency or authority;
(b) a firm establishment, company or body
corporate or unincorporated;
“establishment” means an entity engaged in the business of
providing goods and services to the general public;
“Executive Secretary” means the Secretary to the Commission
appointed under paragraph 3 of the Schedule;
“impairment” means lacking part of or all of a limb, or having
a defective limb, organ or mechanism of the body;
“language” includes oral-aural language and sign language;
“member” means a member of the Commission and includes
the Chairperson and Deputy Chairperson;
“open employment” means employment which is available to
all persons including persons with disabilities;
“qualified person with a disability” means a person with a
disability who, with or without reasonable
accommodation can in open employment perform the
essential functions of the employment position that
the person holds;
“reasonable accommodation” means necessary and
appropriate modifications and adjustments not
imposing a disproportionate burden, where needed in
a particular case, to ensure to persons with disabilities
the enjoyment or exercise of rights on the basis of
equality with other persons;

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Act not in
derogation of
any other law.
“registered person” means a person with a disability
registered under section 6;
“rehabilitation” means the improved capacity of a person
with a disability by therapeutic measures and re-
education to participate in the activities of a moral life
within the limitations of that person's disability;
“sheltered employment” means the provision of productive
work for persons with disabilities through workshops
providing special facilities, income-producing projects
or homework schemes with a view to giving persons
with disabilities the opportunity to earn a living
thereby enabling them to acquire a working capacity
required for open employment;
“social barriers” include –
(a) the characteristics of a community,
society or group, or of institutions,
whether legal, economic, cultural or
recreational which limit the fullest
possible participation of persons with
disabilities in the life of the
community, society, group or
institution; and
(b) negative attitudes which tend to
identify and exclude persons with
disabilities;
“transportation” means transportation by air, land and water
or sea that provides the public with general or special
service.
3. This Act is in addition to, and not in derogation of
the Prevention of Discrimination Act, which, inter alia,
prohibits discrimination on the ground of disability, or any
other law which benefits persons with disabilities.
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Guiding
principles.


Establishment
of the
Commission.
Schedule.

Registration of
person and
organisations


Giving false
information.

PART II
GUIDING PRINCIPLES
4. The United Nations Convention on the Rights of
Persons with Disabilities shall inform decisions taken in the
administration of this Act.
PART III
THE NATIONAL COMMISSION ON DISABILITIES
5. (1) There is established a National Commission on
Disabilities.
(2) The Schedule has effect with respect to the
constitution, management and functions of the Commission.
PART IV
REGISTRATION
6. (1) Every person with a disability shall register
with the Commission with respect to the disability.
(2) An organisation for persons with disabilities
shall register with the Commission.
(3) An existing organisation for persons with
disabilities shall, within six months after this Act comes into
operation, apply to the Commission for registration.
(4) The Commission shall determine the form and
manner of registration.
(5) The register may be viewed by persons
authorized by the Commission.
7. A person commits an offence if the person
knowingly gives false information to the Commission for the
purpose of being registered or for the purpose of acquiring
any privilege due to persons so registered and is liable on
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Equal
opportunity for
employment.

Complaint to
Commission.


summary conviction to a fine of one hundred thousand
dollars.
PART V
RIGHTS OF PERSONS WITH DISABILITIES
Sub-Part I
Employment
8. (1) An employer shall not deny a person with a
disability, on the basis of the disability, access to
opportunities for employment including open employment.
(2) An employer shall not discriminate against a
person with a disability in relation to employment by way of
advertisements, recruitment, classification of posts, wages,
choice for advancement and provision of facilities.
(3) An employer shall ensure that a qualified
person with a disability is subject to the same terms and
conditions of employment and the same compensation,
privileges, benefits, incentives and allowances as a qualified
person who does not have a disability.
(4) An employer who fails to comply with
subsection (1), (2) or (3) commits an offence and is liable on
summary conviction to a fine of fifty thousand dollars.
9. (1) A person with a disability who feels
discriminated against by an employer contrary to this Act
may complain to the Commission or Chief Labour Officer.
(2) Where the Chief Labour Officer receives a
complaint he shall notify the Commission of it.
(3) The Commission may take action or intervene
in respect of a complaint received as it considers fit.

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People with
disability to
take action.

Record of
persons with
disabilities.

Vocational
training, skills
development
and training
programmes.

Employer to
maintain
records.
10. Notwithstanding section 9, a person with a
disability who is aggrieved by discrimination on the basis of
the disability may take any other action to seek redress as the
person thinks fit.
11. The Minister responsible for Labour shall
establish and monitor a record of persons with disabilities
who are in possession of various levels of skills and training
and shall review that record regularly for the purpose of
promoting job placement.
12. The Ministers responsible for Labour; Human
Services and Social Security; Youth, Sports and Culture; and
Education shall design, collaborate and implement
programmes that –
(a) provide persons with disabilities with
skills to enable them to engage in
gainful employment; and
(b) provide appropriate vocational
measures which serve to develop the
skills and potential of persons with
disabilities and enable them to
compete favourably for available,
productive and remunerative
employment opportunities in the
labour market.
13. (1) An employer shall maintain such records in
respect of persons with disabilities employed in the
establishment of the employer in such form and in such
manner as may be required by the Minister responsible for
Labour.
(2) An employer shall ensure that the records are
open to inspection at the establishment at all reasonable hours
by persons who are authorised in that behalf by general or
special order of the Commission.
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Free primary
and secondary
education,
trained
teachers.


Access to
quality
(3) An employer who fails to comply with
subsection (1) or (2) commits an offence and is liable on
summary conviction to a fine of forty thousand dollars for
each default and twenty thousand dollars for each day on
which the default continues.
Sub-Part II
Education
14. The Minister responsible for Education in
collaboration with the Commission shall formulate and
implement the National Education programme to ensure that
–
(a) persons with disabilities are not
excluded from the general education
system on the basis of disability, and
that children with disabilities are not
excluded from free and compulsory
primary and secondary education on
the basis of having disabilities;
(b) training programmes for teachers
specialising in disabilities are
developed and implemented so that
the requisite trained personnel are
available for special schools and
integrated schools for children with
disabilities; and
(c) special education is made a
compulsory component of the
teachers' training curriculum offered
by institutions established to train
teachers.
15. (1) The Minister responsible for Education, after
consultation with the Commission, shall ensure that the
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education.

Integration of
persons with
disabilities in
schools.
Assistance to
students with
disabilities.
special requirements of persons with disabilities are
addressed when formulating and implementing educational
policies and programmes.
(2) The Minister responsible for Education shall
encourage learning institutions to take into account the
special needs of persons with disabilities with respect to the
entry requirements, pass marks, curriculum, examinations,
auxiliary aids and services including accessible formatting,
use of school facilities, class schedules, physical education
requirements, and other relevant matters.
16. Subject to the Education Act, the Minister
responsible for Education shall –
(a) promote the integration of students
with disabilities into the regular
school and learning institutions;
(b) promote the establishment of special
schools by the government and the
private sector for those persons in
need of special education, so that
children with disabilities living in any
part of Guyana shall have access to
these schools;
(c) equip the special schools with
vocational training facilities; and
(d) encourage the development of a
system of support services for special
education in schools.
17. The Minister responsible for Education and
Minister responsible for the Public Service shall facilitate
students with disabilities who are financially challenged but
academically inclined who seek to pursue or are pursuing
post secondary or tertiary education and such facilitation may
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Special
education.

Research.
be in the form of scholarships, grants, loans and other
incentives to qualified disabled students.
18. (1) The Minister responsible for Education shall
establish and maintain a complete, adequate and integrated
system of special education for persons with disabilities.
(2) The Minister responsible for Education shall
establish –
(a) special education classes in schools
and facilitate learning in subject areas
including Braille, alternative script,
augmentative and alternative modes,
means and formats of
communication, orientation and
mobility skills;
(b) Braille and record libraries or sections
within existing national libraries
throughout Guyana.
(3) Parliament shall provide funds necessary for
the effective national implementation of the special education
facilities.
(4) Local Government Authorities shall adopt
appropriate measures to facilitate the implementation of the
special education programme.
19. The Commission shall initiate or cause to be
initiated research by official and non-governmental agencies
for the purpose of designing and developing new assistive
devices, teaching aids, special teaching materials or other
materials or items as are necessary to provide persons with
disabilities with equal opportunities in education.
L.R.O. 1/2012
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National
Health
Programme.

Rehabilitation
Programme.
Sub-Part III
Health
20. The Minister responsible for Health in
collaboration with the Commission shall formulate and
implement the National Health Programme for the following
purposes to–
(a) prevent disability, whether occurring
pre-natally or post-natally;
(b) recognize and diagnose a disability
early;
(c) facilitate early rehabilitation of
persons with disabilities;
(d) enable persons with disabilities to
receive free rehabilitation and medical
services in public or government-
owned or operated health institutions;
(e) avail essential health services to
persons with disabilities at an
affordable cost;
(f) provide field medical personnel for
public health institutions for the
benefit of persons with disabilities;
(g) facilitate access by persons with
disabilities to information on health
issues in a format that is accessible to
all persons with disabilities.
21. The Minister responsible for Health, in
consultation with the Commission, shall ensure that the
special requirements of persons with disabilities are
addressed in the formulation and implementation of
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Rehabilitation
Centres.

Accommoda-
tion and water.

Auxiliary social
services.

rehabilitation and other health policies and programmes.
22. The Minister responsible for Health shall establish
rehabilitation centres where these centres would be necessary
throughout Guyana, and the Ministry of Health shall include
in its annual appropriation the necessary funds for the
operation of these centres.
Sub-Part IV
Housing and Water
23. The Minister responsible for Housing and Water,
in the formulation and implementation of the National
Housing and Water programmes, shall collaborate with the
Commission to include provisions to address accommodation
and access to water for a registered person.
Sub-Part V
Auxiliary Social Services
24. The Minister responsible for Human Services and
Social Security shall ensure that persons with disabilities who
are in vulnerable situations are encouraged to function and
participate in community affairs by facilitating –
(a) the acquisition of prosthetic devices
and medical intervention;
(b) specialized training activities
designed to improve functions of
persons with disabilities with respect
to their communication skills;
(c) development among persons with
disabilities of a positive self- image
through the provision of counselling,
orientation and mobility in order to
strengthen their daily living
capability;
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Sports and
recreation.
(d) family care services geared towards
developing the capability of families
to respond to the needs of the persons
with disabilities;
(e) substitute family care services and
facilities for abandoned, neglected,
abused and unattached persons with
disabilities who need an alternative
form of care based on their individual
needs;
(f) family after care and follow-up
services for the continued
rehabilitation in a community-based
setting of persons with disabilities
who are discharged from residential
care or rehabilitation centres;
(g) day care services for children with
disabilities of pre-school age.
Sub-Part VI
Sports and Recreation
25. The Minister responsible for Sports and Culture,
in the formulation and implementation of the national sports
programme, shall coordinate with the Commission to ensure
that –
(a) public and private sports and cultural
facilities are accessible to persons with
disabilities;
(b) persons with disabilities at sports,
recreational and cultural activities are
provided for;

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Broadcast
media.

Telephone
services.

(c) training of specialists in sports, games
and culture for persons with
disabilities is provided;
(d) there is improvement of existing
facilities and equipment to provide
for the participation of persons with
disabilities in sports, recreational and
cultural activities;
(e) there is development and
implementation of sports and
physical fitness programmes
specifically designed for persons with
disabilities taking into consideration
the nature of their disabilities.
Sub-Part VII
Communication
26. (1) Within ten years of the coming into operation
of this Act or a later date that the Minister may prescribe, the
person in charge of every national television station shall
provide a sign language inset or subtitles in at least one
newscast programme daily and special programmes covering
events of national significance.
(2) A person who fails to comply with subsection
(1) commits an offence and is liable on summary conviction to
a fine of one hundred thousand dollars and to imprisonment
for six months.
27. (1) Within five years of the coming into operation
of this Act or a later date that the Minister may prescribe,
every telephone provider shall provide and install special
telephone devices or units for the hearing-impaired and
ensure that they are commercially available to enable the
hearing-impaired to communicate through the telephone
system.
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Mobility of
persons with
disabilities.

Admission to
premises,
provision of
services.

Mobility of
vehicle.
(2) A person who fails to comply with subsection
(1) commits an offence and is liable on summary conviction to
a fine of one hundred thousand dollars and to imprisonment
for six months.
Sub-Part VIII
Accessibility
28. (1) The Commission shall collaborate with public
or private sector agencies to ensure the attainment of a
barrier-free environment that will enable persons with
disabilities to have access to public or private buildings and
establishments.
(2) Within five years of the coming into operation
of this Act, the Central Housing Authority shall publish and
enforce over the next five years building codes and guidelines
for the construction and renovation of buildings, institutions,
establishments, or public utilities in order to allow barrier-free
access to persons with disabilities.
29. (1) A person in charge of any public premises or
any provision of services or amenity shall not deny a person
with a disability, on the ground of the disability, admission to
the premises or the provision of the service or amenity unless
the denial is motivated by a genuine concern for the safety of
the person with the disability.
(2) A person who contravenes subsection (1)
commits an offence and is liable on summary conviction to a
fine of one hundred thousand dollars and to imprisonment
for six months.
30. The Commission shall collaborate with relevant
agencies to formulate policies which shall be included in the
Motor Vehicle and Road Traffic Act in order to facilitate
appropriate adaptations and modifications to motor vehicles
driven by persons with disabilities and to ensure that these
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Public
transportation.

Voting.
c.1:03

c. 1:03
persons, where permitted by law, are allowed to drive motor
vehicles.
31. The Commission shall collaborate with the
Minister responsible for Transport to formulate a public
transportation policy which shall provide for persons with
disabilities and which policy shall be implemented on the
order of the Minister.
Sub-Part IX
Voting
32. (1) Without limiting the provisions of the
Representation of the People Act on proxy voting, where
persons with disabilities are unable to vote independently
they shall be allowed assistance by another person of their
choice in voting at national and local government elections.
(2) Persons with disabilities and their assistants
shall together be allowed access to the polling booth.
(3) (a) The assistant of the person who has a
disability shall mark the ballot for that
person in compliance with the
instructions of that person.
(b) The person assisting shall swear in a
formal document under oath to fill
out the ballot strictly in accordance
with the instruction of the voter and
not to reveal the contents of the ballot.
(c) An assistant of a person with a
disability who violates paragraph (b)
commits an election offence and is
liable on conviction in accordance
with the provisions of the
Representation of the People Act in
respect of offences.
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Accessibility of
polling
stations.

Concealment of
persons.

Legal action by
the
Commission.

Commission to
prosecute.
33. The Guyana Elections Commission shall ensure
that barrier-free polling stations or arrangements are
provided for persons with disabilities.
Sub-Part X
Concealment
34. (1) A parent, guardian or next of kin shall not
conceal a person with a disability in a manner as to deny that
person the opportunities and services available under this
Act.
(2) A person who contravenes subsection (1)
commits an offence and is liable on summary conviction to a
fine not exceeding fifty thousand dollars.
PART VI
MISCELLANEOUS
35. The Commission may take appropriate legal
action where the Commission believes that –
(a) a person, entity or establishment is
engaged in a practice which is
discriminatory under this Act; and
(b) the discrimination is an infringement
of the rights of persons with
disabilities.
36. (1) The Commission may institute or cause to be
instituted prosecutions for the purpose of enforcing the
provisions of this Act and the Commission shall designate or
authorize a person as it considers fit to appear and conduct
prosecutions on its behalf.
(2) All complaints under this Act may be heard
and determined and all offences, penalties or other remedies
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General
penalty.

Supplementary
remedies.

Burden of
proof.


Proof of
exception.
may be prosecuted and enforced in the manner provided by
the Summary Jurisdiction Acts.
(3) Any order for the payment or recovery of
damages or other compensation shall be enforceable in the
same manner as an order for the payment of compensation
under the Summary Jurisdiction (Procedure) Act.
37. Where a person commits an offence which is
prescribed in this Act and a penalty is not provided for the
offence, the person is liable on summary conviction to a fine
of one hundred thousand dollars.
38. Without prejudice to other remedies that may be
available in a court, a person who is aggrieved by an act or
omission of an employer in contravention of this Act, shall be
entitled to apply to the court convicting that employer for that
contravention, for any of the following remedies –
(a) damages from the employer, for any
loss caused directly or indirectly as a
result of the contravention; and
(b) an order directing the employer to
redress the contravention including
an order, if the employer and the
aggrieved person agree, to reinstate
the aggrieved person.
39. Except where otherwise provided in this Act, a
person alleging a violation of this Act shall bear the burden of
presenting a prima facie case of discrimination or of an offence
related to discrimination under this Act, and the burden of
proof shall then shift to the respondent to disprove the
allegations.
40. Where any provision of this Act has been
excepted from conduct that is unlawful under this Act or that
is a contravention of this Act, the onus of proving the
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Regulations.
exception lies upon the party claiming the exception.
41. (1) The Minister responsible for Health may make
regulations for carrying out the provisions of this Act relating
to the areas for which the Minister has responsibility
including –
(a) the rehabilitation of persons with
disabilities under this Act;
(b) specifying the day and time when
each national television station shall
comply with section 26 (1) and a
different day may be specified for
each station;
(c) giving any direction to a telephone
provider to assist the provider to
comply with section 27 (1).
(2) The Minister Responsible for Labour may
make regulations for carrying out the provisions of this Act
relating to the areas for which the Minister has responsibility.
(3) Without limiting the generality of subsection
(1), the regulations may provide for –
(a) the form and the manner in which
employers must maintain records
pursuant to section 13;
(b) inspection of records pursuant to
section 13.
(4) The Minister responsible for Human Services
and Social Security may make regulations for carrying out the
provisions of this Act relating to the areas for which the
Minister has responsibility including schemes to provide aids
and appliances to persons with disabilities under section 26.
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Act binds State.



s. 5
Constitution
of
Commission.
42. This Act binds the State.
SCHEDULE
CONSTITUTION, MANAGEMENT AND FUNCTIONS OF
THE
NATONAL COMMISSION ON DISABILITIES
1. The Commission shall consist of twelve members
appointed by the President, of whom –
(a) five members, one member
nominated by and from each of the
Ministries with responsibility for
Health; Education; Labour; Human
Services and Social Security; and
Foreign Affairs;
(b) three members, two of whom are
persons with disabilities, nominated
by and from non-governmental
organisations that are directly and
solely concerned with the welfare and
advancement of persons with
disabilities;
(c) one member nominated by and from
organizations dealing with human
rights;
(d) one member nominated by and from
an organization representing
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Chairperson
and Deputy
Chairperson.
organized labour;
(e) one member nominated by and from
an organization representing the
private sector; and
(f) one member who has extensive
experience as a care giver of persons
with disabilities.
2. (1) There shall be a Chairperson and Deputy
Chairperson of the Commission who shall be elected by and
from the members of the Commission.
(2) The functions of the Chairperson are—
(a) to preside over the meetings of the
Commission;
(b) to supervise the management and
administration of the affairs of the
Commission;
(c) to ensure that the decisions and policies of
the Commission are implemented;
(d) to represent the Commission;
(e) to accept and administer on behalf of the
Commission, gifts, grants or donations;
(f) with the approval of the Commission, to
enter into and execute any contracts as may
be necessary in pursuit of the Commission’s
functions; and
(g) with the approval of the Commission, to
appoint any committee or other body as
may be necessary for the efficient discharge
LAWS OF GUYANA
Persons with Disabilities Cap. 36:05 27
L.R.O. 1/2012

The secretariat
of the
Commission.
Functions of
the Executive
Secretary.

Functions of
the
Commission.

of the functions of the Commission.
3. (1) The Commission shall have a secretariat that
shall provide services for the carrying out of the functions of
the Commission.
(2) The Secretariat shall be headed by an executive
secretary to be assisted by a deputy executive secretary, both
of whom shall be appointed by the Commission.
(3) The Commission shall employ the technical,
administrative and other personnel required by the
Secretariat, as well as determine their functions.
4. (1) (a) The Executive Secretary shall be an ex-officio
member of the Commission and shall serve in a full-time
capacity.
(b) The Executive Secretary shall be the chief
administrative officer of the Secretariat and shall exercise
general supervision and control over the staff of the
Secretariat.
(2) The Executive Secretary shall ensure execution
of the functions of the Commission in accordance with this
Act and manage and administer the affairs of the
Commission.
5. The functions of the Commission are to—
(a) serve as the national focal point on matters
relating to persons with disabilities;
(b) facilitate the continuous evolution of a
comprehensive policy towards alleviating
the problems faced by persons with
disabilities;
(c) promote and protect the rights of persons
LAWS OF GUYANA
28 Cap. 36:05 Persons with Disabilities
with disabilities;
(d) educate employers and the public and make
recommendations for improved
employment practices in relation to persons
with disabilities;
(e) facilitate the provision of assistance for
persons with disabilities to obtain redress if
they are discriminated against or of their
rights are being violated or infringed;
(f) monitor implementation of, and make
recommendations for compliance with,
international instruments to which the State
is a party for the benefit with disabilities;
(g) formulate policies; recommend and monitor
implementation of legislation and measures
to enhance and protect the status of persons
with disabilities;
(h) promote consultation and co-operation with
and among organisations involved with
persons with disabilities;
(i) recommend technical assistance for the
support of persons with disabilities, and to
promote a barrier-free environment;
(j) carry out cause to be carried out research
and studies concerning persons with
disabilities;
(k) enlist the aid of persons, including persons
with disabilities, as may be necessary to give
expert advice in order to facilitate its
functions;
L.R.O. 1/2012
LAWS OF GUYANA
Persons with Disabilities Cap. 36:05 29
L.R.O. 1/2012
Funds of the
Commission.

Annual
Accounts.


(l) register, for the purposes of this Act—
(i) persons with disabilities;
(ii) institutions or associations controlled
or managed by the Government, State
or Local Government authorities that
provide services for the rehabilitation
and welfare of persons with
disabilities;
(iii) places at which services for the
rehabilitation of persons with
disabilities are provided; and
(iv) persons with disabilities whose
conditions require consistent medical
attention for the purpose of
subsidised medical assistance
provided by the Ministry of Health;
(m) issue adjustment orders to facilitate the
rights of persons with disabilities; and
(n) facilitate the enforcement of the rights of
persons with disabilities.
6. The funds of the Commission shall consist of the
following—
(a) funds voted by Parliament; and
(b) funds with the Commission may receive as a
result of public and private appeal from
local and international donors or agencies.
7. (1) The financial year of the Commission shall be for
the period of one year commencing on January 1st in every
year.
(2) The Commission shall ensure that proper
accounts and other records are kept with respect to the
revenue and expenditure of the Commission, and shall also
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30 Cap. 36:05 Persons with Disabilities
L.R.O. 1/2012

Term of office.

Registration.


Removal from
office.


Disqualifica-
tion from
membership.

ensure that within three months after the end of each financial
year, a statement of the accounts of the Commission is
prepared and audited by an external auditor appointed by the
Commission.
8. (1) A member of the Commission shall hold office
for a term of three years and shall be eligible for
reappointment for a further term of office of three years.
(2) The term of the office of a member who is
appointed in the member’s official capacity or as the nominee
of an organisation shall expire as soon as the member ceases
to hold the office by virtue of which the member was
appointed, or ceases to represent the organisation which
nominated that member for appointment.
9. A member of the Commission may resign from the
membership of the Commission by writing under the hand of
that member addressed to the President.
10. Subject to the approval of the President, two-
thirds of all the members of the Commission may vote at a
meeting of the Commission for the removal of a member
where the member’s conduct is considered inimical to the
proper functioning of the Commission.
11. A person shall not be a member if that person—
(a) is of unsound mind and is so declared by a
competent court;
(b) has, at any time, been convicted of an
offence under this Act or of moral turpitude
or dishonesty;
(c) has, in the opinion of the President, so
abused the membership as to render the
continuance of it detrimental to the interests
of the Commission, persons with disabilities
LAWS OF GUYANA
Persons with Disabilities Cap. 36:05 31
L.R.O. 1/2012
Vacancy.



Meetings of
the
Commission.
Quorum.

Power to
regulate
procedure.
Annual
reports.

or the general public; or
(d) without reasonable excuse in the opinion of
the Commission has been absent from three
consecutive meetings of the Commission or
from four meetings in aggregate in any one
year.
12. (1) Where the officer of the Chairperson of the
Commission becomes vacant the members present shall elect
one of the members as Chairperson for the unexpired term of
the office of the Chairperson.
(2) Where a vacancy occurs in the membership of
the Commission it shall be filled by the appointment of
another representative of the entity or non-governmental
organisation that nominated the representative for
appointment, or by the appointment of another person with
experience as a caregiver of persons with disabilities, as the
case may be.
13. The Commission shall meet once in every month
and upon the request of the Chairperson or at least three
members of the Commission addressed to the Chairperson.
14. At a meeting of the Commission seven members
including the Chairperson or Deputy Chairperson shall form
a quorum.
15. The Commission shall regulate its procedures in
accordance with rules prescribed or determined by the
Commission.
16. (1) The Commission shall prepare an Annual
Report of its activities which shall be transmitted to the
President and all government and state agencies and
organisations involved in the work of the Commission.
(2) A copy of the Annual Report of the
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32 Cap. 36:05 Persons with Disabilities
L.R.O. 1/2012
Commission shall be laid before the National Assembly.
(3) The Commission shall on an annual basis
submit reports to the Ministers Responsible for Health;
Education; Labour; Human Services and Social Security; and
Culture, Youth and Sports on the implementation of the
provisions of this Act in their respective sectors.


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