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Uganda Act or statute

Parliament of Uganda

Persons with Disabilities Act, 2020

This section provides definitions for terms used in the Act, including "assistive devices", "communication", "Council", "currency point", "disability", "health unit", "institution of learning", and "Minister";…

Jurisdiction
Uganda
Structure
48 provisions
Citation
Chapter 115
Dates
As at 31 Dec 2023
More statute details
Dates
As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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01

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“This section provides definitions for terms used in the Act, including "assistive devices", "communication", "Council", "currency point", "disability", "health unit", "institution of learning", and "Minister"; it also states that the Act is subject to the Mental Health Act with regard to mental disability.”

This section provides definitions for terms used in the Act, including "assistive devices", "communication", "Council", "currency point", "disability", "health unit", "institution of learning", and "Minister"; it also states that the Act is subject to the Mental Health Act with regard to mental disability. A medical doctor with relevant expertise or an expert appointed by the Council must examine a person to confirm disability when there is doubt or when a court requires it. Owners or persons in charge of buildings open to the public must provide accessible access and parking for persons with disabilities; designated parking must be marked and unauthorised drivers must not park there, with an offence and penalty for contravention. Public transport owners or persons in charge must not refuse to carry persons with disabilities or charge extra for assistive devices; persons with disabilities must not be unreasonably denied a driving licence; contravention is an offence with specified penalties. Service providers operating commercially must make services available and accessible to persons with disabilities and must not deny or obstruct access; sign language insets must be provided in newscasts; contravention is an offence with fines or imprisonment; Minister must make regulations in consultation with the Council.

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Preliminary - Interpretation

This section provides definitions for terms used in the Act, including "assistive devices", "communication", "Council", "currency point", "disability", "health unit", "institution of learning", and "Minister"; it also states that the Ac…

Section 1

Miscellaneous - Power to amend Schedules

The Minister may amend specified Schedules to the Act by statutory instrument subject to conditions (approval of Cabinet for Schedules 1 and 5; recommendation of the Council for Schedules 2, 3, 4, 6 and 7).

Section 48

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Showing 48 of 48 provisions

Provision 38Offence 7InterpretationCommencement

Part I

Preliminary

§ 1Preliminary - InterpretationInterpretation

This section provides definitions for terms used in the Act, including "assistive devices", "communication", "Council", "currency point", "disability", "health unit", "institution of learning", and "Minister"; it also states that the Act is subject to the Mental Health Act with regard to mental disability.

Section Interpretation Section In this Act, unless the context otherwise requires— “ assistive devices ” includes wheelchairs, calipers, crutches, whitecanes, orthopaedic appliances, qualified readers, taped texts, audios, visual and pictorial recordings, braille and tactile equipment or materials, large print and other devices that support persons with disabilities to participate effectively in all aspects of life; “ building to which the public is allowed access ” means a building specified in Schedule 2 to this Act; “ communication ” includes languages, display of text, braille, tactile communication, sign language, signs, large print, accessible multimedia whether in written, audio or plain language, human-reader in augmentative or alternative modes, formats of communication, including accessible information and communication technology; “ Council ” means the National Council for Persons with Disabilities specified in section 16 ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ disability ” means a substantial functional limitation of a person’s daily life activities caused by physical, mental or sensory impairment and environment barriers, resulting in limited participation in society on equal basis with others and includes an impairment specified in Schedule 3 to this Act; “ health unit ” means a hospital, clinic, nursing home, maternity and dental surgery centre established by Government or registered under the Medical and Dental Practitioners Act; “ institution of learning ” means a school, college, university or other institution where education or learning is provided; “ Minister ” means the Minister responsible for disability affairs. This Act is, with regard to mental disability , subject to the Mental Health Act.
Section 1Verify source
§ 2Preliminary - Determination of person with disabilityProvision

A medical doctor with relevant expertise or an expert appointed by the Council must examine a person to confirm disability when there is doubt or when a court requires it.

Section Determination of person with disability Section Whenever a question arises whether a person has a disability or not or where court so requires, a medical doctor with the relevant expertise or an expert appointed by the Council , shall carry out an examination to confirm the disability .
Section 2Verify source

Part II

Rights of persons with disabilities and non-discrimination

§ 10Rights of persons with disabilities and non-discrimination - Accessibility to buildingsOffence

Owners or persons in charge of buildings open to the public must provide accessible access and parking for persons with disabilities; designated parking must be marked and unauthorised drivers must not park there, with an offence and penalty for contravention.

Section Accessibility to buildings Section In subsection (1) “provide appropriate accessibility for persons with disabilities, to the building” means— An owner or a person in charge of a building to which the public is allowed access shall, subject to the requirements of the laws on building standards and other relevant laws, provide appropriate access for persons with disabilities to the building. putting in place accessible and easy to find entrances which are connected to accessible pathways and parking areas; providing safe and accessible toilets, urinals and bathrooms; providing safe and well dimensioned staircases with appropriate railing, accessible elevators; and where necessary, providing ramps. An owner or a person in charge of a building to which the public is allowed access shall provide parking space for vehicles driven by persons with disabilities or by drivers of persons with disabilities. The parking space referred to in subsection (3) shall be marked with a conspicuous sign or the acronym “PWD”. A driver who is not a person with a disability or who is not a driver of a person with a disability shall not park a vehicle in the parking space referred to in subsection (3) . A person who contravenes subsection (3) commits an offence and is liable, on conviction, to a fine not exceeding twenty-five currency points or to imprisonment for a term not exceeding five months, or both.
Section 10Verify source
§ 11Rights of persons with disabilities and non-discrimination - Non-discrimination in provision of transport servicesOffence

Public transport owners or persons in charge must not refuse to carry persons with disabilities or charge extra for assistive devices; persons with disabilities must not be unreasonably denied a driving licence; contravention is an offence with specified penalties.

Section Non-discrimination in provision of transport services Section An owner or a person in charge of any means of transport that is used by the public and for which a fare is charged, shall not deliberately or unreasonably refuse to transport a person with a disability . An owner or a person in charge of any means of transport that is used by the public and for which a fare is charged, shall not require a passenger with a disability who uses assistive devices , to pay an extra charge for the carriage of the assistive devices . Subject to the Traffic and Road Safety Act , a person with a disability shall not be unreasonably denied a driving licence or his or her right to drive by reason only of his or her disability . A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment for a term not exceeding three months, or both.
Section 11Verify source
§ 12Rights of persons with disabilities and non-discrimination - Non-discrimination in provision of services on commercial basisOffence

Service providers operating commercially must make services available and accessible to persons with disabilities and must not deny or obstruct access; sign language insets must be provided in newscasts; contravention is an offence with fines or imprisonment; Minister must make regulations in consultation with the Council.

Section Non-discrimination in provision of services on commercial basis Section A person who provides services to the public on a commercial basis shall not— A person who provides services to the public on a commercial basis shall make the services available and accessible to persons with disabilities. deny the services to a person with a disability on the basis of the disability ; or deliberately make it impossible or unreasonably difficult for a person with a disability to use the services. Subsections (1) and (2) shall not apply where it is necessary to protect the health or safety of the person with a disability or any other person. An owner or a person in charge of a television station shall provide or cause to be provided sign language insets in all newscasts. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment for a term not exceeding three months, or both. The Minister responsible for communication shall, in consultation with the Council , make regulations defining the standards for the access to information by persons with disabilities in accordance with this section. In this section, “services” means the services in Schedule 4 to his Act.
Section 12Verify source
§ 13Rights of persons with disabilities and non-discrimination - Identification of suspects and accused persons by visually impaired complainants and witnessesProvision

Visually impaired complainants or witnesses (totally blind or low vision) may identify a suspect or accused person by voice, by touching, or by any other manner that makes the identification intelligible.

Section Identification of suspects and accused persons by visually impaired complainants and witnesses Section A complainant or a witness who is a person with a disability of total blindness or low vision, may identify a suspect or an accused person by the voice of the suspect or accused person or by touching or by any other manner by which the complainant or witness is able to make the identification intelligible.
Section 13Verify source
§ 14Rights of persons with disabilities and non-discrimination - Affirmative actionProvision

The Government must promote affirmative action for persons with disabilities, including employing them in the public service; the Minister must report to Parliament every two years on measures taken under subsection (1).

Section Affirmative action Section For the purpose of upholding the fundamental rights and freedoms of persons with disabilities, the Government shall promote a policy of affirmative action for persons with disabilities including employment of persons with disabilities in the public service. The Minister shall, every two years report to Parliament on measures undertaken for the purposes of subsection (1) .
Section 14Verify source
§ 15Rights of persons with disabilities and non-discrimination - Access to justice, information and trainingProvision

The Government must promote accessible communication (sign language interpreters, assistive technology, Braille public information) and must train judicial and law enforcement officers on disability matters.

Section Access to justice, information and training Section The Government shall promote— the development, training and use of sign language, tactile and sign language interpreters, in all public institutions and at all Government functions; the use of information assistive devices and technology; and the provision in Braille, of public information such as Government documents and publications. The Government shall train judicial and law enforcement officers in matters concerning persons with disabilities.
Section 15Verify source
§ 3Rights of persons with disabilities and non-discrimination - Respect and promotion of rights and freedoms of persons with disabilitiesProvision

Persons with disabilities are entitled to fundamental rights; the Government and all persons in Uganda must respect, uphold and promote those rights and must enforce laws without discrimination on the basis of disability.

Section Respect and promotion of rights and freedoms of persons with disabilities Section A person with a disability shall enjoy the fundamental and other human rights and freedoms enshrined in the Constitution . The Government and all persons in Uganda shall respect, uphold and promote the fundamental and other human rights and freedoms of persons with disabilities enshrined in the Constitution and the United Nations Convention on the Rights of Persons with Disabilities and its optional protocols. Subject to this Act, the Government and all persons in Uganda shall enforce and implement the laws of Uganda without discrimination on the basis of disability .
Section 3Verify source
§ 4Rights of persons with disabilities and non-discrimination - Right to enjoy family lifeOffence

Persons with disabilities have multiple family-related rights; parents/guardians must raise and care for children with disabilities; contravention is an offence with specified penalties.

Section Right to enjoy family life Section A person with a disability has a right to a home, to found a family, adopt, be a guardian or trustee of a child in accordance with the relevant laws and is entitled to— A child with a disability shall— have sexual and other intimate relationships; equal rights at and in marriage, during marriage and at its dissolution; and raise his or her child and shall not be separated from his or her child except in accordance with the law and best interests of the child. A child with a disability shall not be separated from his or her family except in accordance with the law and best interests of the child. enjoy all the rights enshrined in the Children Act on an equal basis as a child without a disability ; and have the right to know and be cared for by his or her parents or guardian. A parent or guardian of a child with a disability shall have the duty to raise the child and ensure the child’s proper upbringing and development. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.
Section 4Verify source
§ 5Rights of persons with disabilities and non-discrimination - Prohibition of inhuman and degrading treatment for persons with disabilitiesOffence

The section prohibits subjecting a person with a disability, without free and informed consent, to torture, cruel or degrading treatment, medical or scientific research, harmful traditional or cultural practices, or forced sterilisation.

Section Prohibition of inhuman and degrading treatment for persons with disabilities Section A person with a disability shall not without his or her free and informed consent be subjected to— A person with a disability shall not be subjected to any form of torture or cruel or degrading treatment. medical or scientific research; harmful traditional or cultural practices; or forced sterilisation. A person who subjects a person with a disability to a condition specified in this section commits an offence and is liable, on conviction, to a fine not exceeding twenty currency points or to imprisonment for a term not exceeding one year, or both.
Section 5Verify source
§ 6Rights of persons with disabilities and non-discrimination - Non-discrimination in provision of education servicesOffence

Institutions of learning must not discriminate against learners with disabilities and must provide inclusive education, make structural adjustments within three months of admission, and (if government-owned/aided) provide sign language, materials and assistive devices; parents/guardians must enrol their child; wilful prevention of education for a child with a disability is an offence punishable by up to twenty currency points or six months' imprisonment.

Section Non-discrimination in provision of education services Section An institution of learning discriminates against a learner with a disability where— An institution of learning that enrols a learner with a disability shall— An institution of learning shall not discriminate against a learner with a disability , on the basis of the disability . Subsection (1) does not apply where an institution of learning is established for learners of a specific disability , and the learner does not have that disability . on the basis of the disability , the institution of learning refuses to accept an application for admission, made by the learner with a disability who is otherwise qualified for admission; the conditions for admission to the institution of learning exclude the admission of learners with disabilities; the institution of learning denies or limits access of a learner with a disability , to the available facilities and services; the institution of learning expels a learner with a disability , on the basis of the disability ; or the institution of learning subjects the learner with a disability to any unfair treatment, on the basis of the disability . provide an inclusive education system for the learner; and make the necessary structural adjustments to the buildings and premises of the institution of learning , to enable access to the building or premises by a learner with a disability , within three months from the date of admission of the learner. In addition to the requirements under subsection (4) , an institution of learning which is owned or aided by Government that enrols a learner with a disability , shall provide sign language services, learning instructional materials and assistive devices , suitable for the learner and required for examinations by the learner. A parent or guardian of a child with a disability has the responsibility of enrolling the child in an institution of learning or ensuring that the child is enrolled in an institution of learning . Where the child referred to in subsection (6) is to be enrolled in an institution of learning with an inclusive education system, the institution of learning shall, where applicable, be of the same or comparable standard as that in which the other children under the care of the parent or guardian are enrolled. An institution of learning that enrols a learner with a disability shall provide sports facilities and equipment specific to the needs of the learner with a disability and put in place measures to facilitate the participation of learners with disabilities in sports and other co-curricular activities. A person who wilfully prevents a child with a disability from attaining education commits an offence, and is liable, on conviction, to a fine not exceeding twenty currency points or to imprisonment for a term not exceeding six months, or both. In this section “inclusive education system” means a system where a learner with a disability is taught together with the other learners, in the same environment, and where, if required under subsection (5) , extra support is given to the learner with a disability .
Section 6Verify source
§ 7Rights of persons with disabilities and non-discrimination - Non-discrimination in provision of health servicesProvision

Health units must not discriminate against persons with disabilities and must comply with accessibility requirements (including provision of wheelchairs, accessible examination tables and labour beds); the Government must provide skin creams to persons with albinism and assistive devices to persons with disabilities; parents/guardians must ensure required immunisation and treatment for children with disabilities.

Section Non-discrimination in provision of health services Section A health unit shall— A health unit discriminates against a person with a disability where— A health unit shall not discriminate against a person with a disability , on the basis of the disability . comply with the requirements of section 10(1) and (2) ; provide wheelchairs and accessible examination tables for persons with disabilities; and provide labour beds for expectant women who are persons with disabilities. on the basis of the disability , the person is denied admission or treatment at the health unit ; the health unit does not comply with the requirements of section 10(1) and (2) and is not accessible by persons with disabilities; or the health unit does not provide accessible labour beds, examination tables or wheelchairs for persons with disabilities. For the purposes of subsections (2) and (3) , “accessible labour bed” and “accessible examination table” means a labour bed or an examination table that is appropriate for the disability of the person using the bed or table. A parent or guardian of a child with a disability , shall ensure that the child receives required immunisation and medical treatment. A child with a disability shall be immunised and receive medical treatment at health unit of the same or comparable standard as those to which the other children under the care of the parent or guardian are immunised and receive treatment. The Government shall provide persons with albinism with skin protective creams and persons with disabilities with assistive devices at no cost or subsidised prices.
Section 7Verify source
§ 8Rights of persons with disabilities and non-discrimination - Habilitation and rehabilitation for persons with disabilitiesProvision

Ministers responsible for health and education must, in consultation with the Council and the Minister, provide habilitation and rehabilitation services and programmes for persons with disabilities; the Government must offer counselling and inform persons with disabilities and their families, caregivers and community members about available habilitation and rehabilitation services.

Section Habilitation and rehabilitation for persons with disabilities Section The Minister responsible for health and the Minister responsible for education shall, in consultation with the Council and the Minister , provide habilitation and rehabilitation services and programmes for the persons with disabilities. The Government shall offer counselling services and inform persons with disabilities and their parents or guardians, caregivers and the members of communities where persons with disabilities are resident, on the habilitation and rehabilitation services that are available for persons with disabilities.
Section 8Verify source
§ 9Rights of persons with disabilities and non-discrimination - Non-discrimination in employmentOffence

Employers must not discriminate against persons with disabilities; they must take proactive steps (encourage applicants, provide reasonable accommodations for interviews and job performance); employers with disabled employees may deduct up to ten percent on chargeable income; the Minister must determine and publish workforce quotas every two years; contravening employers face fines up to one hundred currency points or up to one year imprisonment.

Section Non-discrimination in employment Section An employer shall— An employer discriminates against a person with a disability where— An employer shall not discriminate against a person with a disability , on the basis of the disability of that person. in any advertisement for a job, where appropriate, encourage persons with disabilities to apply for the job; provide an applicant with a disability who applies for a job, reasonable accommodation necessary to undertake the job interview; and provide an employee with a disability reasonable accommodation in the performance of the job or task. on the basis of the disability , the employer refuses to accept an application made by the person with a disability , who is otherwise qualified for the job; the conditions for applying for the job or the selection criteria exclude applications by persons with disabilities; the assessment of the performance of an employee with a disability is conducted in a manner that does not correctly gauge the performance of that employee; the remuneration or benefits given to an employee with a disability is less than that given to the other employees who perform similar tasks; on the basis of the disability , an employee with a disability is not considered for promotion, on job training, scholarships or any other benefits that are accorded to the other employees; on the basis of the disability , an employee with a disability is transferred from a job or task which he or she is capable of performing to another job or task which he or she is unable to perform due to his or her disability ; the employer does not provide reasonable accommodation required by the employee with a disability to perform his or her job or tasks; the employer conducts a medical examination on an employee with a disability , where the examination is not performed on the other employees; or the services of employment of an employee with a disability , are terminated on the basis of the disability . In this section “reasonable accommodation” means necessary and appropriate modification and adjustments where needed to ensure that an employee who is a person with a disability can enjoy or exercise all human rights and fundamental freedoms on an equal basis with others and includes tools, equipment, working environment and where necessary, a modified work schedule. An employer with employees with disabilities shall be allowed deductions of up to ten percent on the chargeable income, as may be provided for by the Income Tax Act . The Minister shall, in consultation with the Council and employers’ organisations, determine the quota of persons with disabilities workforce for employers, and by statutory instrument publish the agreed quota at least once in every two years. An employer who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding one year, or both.
Section 9Verify source

Part III

Establishment, functions and composition of National Council for Persons with Disabilities

§ 16Establishment, functions and composition of National Council for Persons with Disabilities - National Council for Persons with DisabilitiesCommencement

The existing National Council for Disability continues under this Act as the National Council for Persons with Disabilities; the Council is a corporate body with perpetual succession and a common seal and may sue or be sued in its corporate name.

Section National Council for Persons with Disabilities Section The National Council for Disability in existence at the commencement of this Act, shall continue in existence under this Act as the National Council for Persons with Disabilities. The Council shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.
Section 16Verify source
§ 17Establishment, functions and composition of National Council for Persons with Disabilities - Functions of CouncilProvision

The Council shall perform functions for persons with disabilities and has powers to monitor implementation, conduct surveys/investigations, make corrective orders and compel documents and witnesses.

Section Functions of Council Section The Council shall— For the purposes of carrying out its functions under subsection (1) , the Council shall have the power to— monitor the implementation of this Act by Government, agencies of Government, non-governmental agencies, bodies corporate and private persons; carry out or commission surveys, inquiries or investigations on matters relating to violation of rights of persons with disabilities under this Act or non-compliance with this Act by Government, bodies corporate or private persons and advocate for collective measures by the concerned party; advocate for the development, implementation and sustenance of programmes and projects by Government, agencies of Government, non-governmental agencies, for the improvement of the welfare of persons with disabilities; develop projects and schemes for self-employment or sheltered employment for persons with disabilities; establish programmes for the support, counselling and other assistance to persons with disabilities and for the parents, guardians and caregivers of persons with disabilities; monitor the welfare and rehabilitation services offered by Government, agencies of Government, non-governmental agencies, including vocational guidance and counselling; regulate the human support services for persons with disabilities including sign language interpreters, readers, guides and life assistants; liaise with Government on the needs, problems and other issues of persons with disabilities, for planning purposes; mobilise persons with disabilities to participate in elections, sports and other co-curricular activities for persons with disabilities at all levels; alleviate blindness by raising awareness on the prevention, early detection and treatment of eye diseases, to promote the welfare of the persons with visual disability ; advocate for the education, training and employment of persons with visual disability ; maintain a register of Governmental and non-governmental organisations that provide services for the rehabilitation and welfare of persons with disabilities and the membership of those organisations; provide technical and other forms of assistance to Government or any other person, on issues of persons with disabilities; and perform any other function as may be necessary for the purposes of this Act. make an order for corrective measure for violation of a right of a person with a disability or for non-compliance with the provisions of this Act, to any governmental agency, non-governmental agency, body corporate or private person; and call witnesses and demand the production of documents that the Council may require, including documents of registration of the organisations specified in subsection (1) .
Section 17Verify source
§ 18Establishment, functions and composition of National Council for Persons with Disabilities - Management of property registered in names of Uganda Foundation for the BlindProvision

The Council must administer and manage property registered in the name of the Uganda Foundation for the Blind on behalf of persons with disabilities and must apply the property and any income for their benefit.

Section Management of property registered in names of Uganda Foundation for the Blind Section The property specified in Schedule 5 to this Act, registered in the names of the Uganda Foundation for the Blind, shall be administered and managed by the Council on behalf of all persons with disabilities in Uganda. The property and any income derived from the property shall be applied by the Council for the benefit of persons with disabilities in Uganda. The property shall be transferred to the Council , to be held in trust for persons with disabilities in Uganda.
Section 18Verify source
§ 19Establishment, functions and composition of National Council for Persons with Disabilities - Seal of CouncilProvision

The Council's seal is kept under the custody of the Executive Secretary and must be authenticated by the signatures of the Chairperson and the Executive Secretary; documents issued with that seal are deemed Council documents and admissible in evidence unless the contrary is proved.

Section Seal of Council Section The seal of the Council shall be kept under the custody of the Executive Secretary and shall be authenticated by the signature of the Chairperson of the Council and the Executive Secretary. A document purporting to be an instrument issued with the seal of the Council and authenticated in the manner provided under subsection (1) shall be deemed to be a document of the Council and shall be admissible in evidence without further proof, except where the contrary is proved.
Section 19Verify source
§ 20Establishment, functions and composition of National Council for Persons with Disabilities - Composition of CouncilProvision

The Council shall be composed of members appointed by the Minister and other specified representatives; the Council may co-opt up to two knowledgeable persons; at least one-third of Council members shall be women.

Section Composition of Council Section The Council shall be composed of the following members appointed by the Minister — a representative of each of the following Ministries who shall be ex officio members— the Ministry responsible for local governments; the Ministry responsible for finance; the Ministry responsible for health; the Ministry responsible for education and sports; the Ministry responsible for labour, gender and social development; the Ministry responsible for public service; the Ministry responsible for justice; the Ministry responsible for works, housing and communication ; two persons with disabilities, male and female, from each region nominated by national organisations of persons with disabilities; two persons, male and female, with visual disability ; one parent of a child with a disability appointed by the Minister in consultation with the national organisations of persons with disabilities; a professional with experience in the field of disabilities, appointed by the Minister in consultation with national organisations of persons with disabilities; one representative of the youth with disabilities appointed by the Minister in consultation with the national organisations of persons with disabilities; one representative of the Federation of Uganda Employers appointed by the Minister in consultation with the Federation; one representative of non-governmental organisations working with persons with disabilities, appointed by the Minister in consultation with the national organisations of persons with disabilities; and one member of Parliament representing persons with disabilities elected by the members of Parliament representing persons with disabilities. For the purpose of subsection (1)(b) , the regions are the eastern region, the western region, the northern region and the central region. The Council may co-opt not more than two persons at a time, who are knowledgeable in disability matters and committed to the disability movement, as and when it deems, necessary. At least one-third of the members of the Council shall be women.
Section 20Verify source
§ 21Establishment, functions and composition of National Council for Persons with Disabilities - Tenure of office of members of CouncilProvision

A member of the Council holds office for five years and may be re-appointed for one further term only.

Section Tenure of office of members of Council Section A member of the Council shall hold office for a period of five years and is eligible for re-appointment for one further term only.
Section 21Verify source
§ 22Establishment, functions and composition of National Council for Persons with Disabilities - Chairperson of CouncilProvision

The Council elects a Chairperson and Vice Chairperson from among its members who are persons with disabilities (with gender balance considered); the Chairperson serves for five years and may be re-appointed once; the Chairperson may resign in writing to the Minister; the Minister may remove the Chairperson if the Council passes a resolution requesting removal supported by at least two-thirds of its members; any member may be removed by the Minister for misbehaviour or proven inability (including infirmity), but removal for infirmity requires certification by the Council in consultation with the Medical Board.

Section Chairperson of Council Section The Chairperson— The Chairperson and the Vice Chairperson of the Council shall be elected by the members of the Council from among the members who are persons with disabilities, taking into consideration gender balance. The Chairperson shall hold office for five years and is eligible for re-appointment for one further term only. may resign his or her office as Chairperson by notice, in writing addressed to the Minister ; or may be removed by the Minister from office if requested to do so by a resolution of the Council supported by not less than two-thirds of the members of the Council . Any member of the Council may be removed by the Minister for misbehaviour or proven inability to perform the functions of his or her office by reason of infirmity of mind or body or for any other sufficient cause. A person shall not be removed from office for infirmity of mind or body under subsection (4) unless the Council in consultation with the Medical Board certifies that the person is unable to perform the functions of his or her office.
Section 22Verify source
§ 23Establishment, functions and composition of National Council for Persons with Disabilities - Remuneration of members of CouncilProvision

Members of the Council and persons co‑opted to meetings may be paid remuneration or allowances as determined by the Minister in consultation with the Minister responsible for finance.

Section Remuneration of members of Council Section A member of the Council , and any person co-opted to any meeting of the Council , may be paid such remuneration or allowances as the Minister may determine in consultation with the Minister responsible for finance.
Section 23Verify source
§ 24Establishment, functions and composition of National Council for Persons with Disabilities - Meetings of CouncilProvision

Schedule 6 to this Act shall have effect with regard to the meetings of the Council.

Section Meetings of Council Section Schedule 6 to this Act shall have effect with regard to the meetings of the Council .
Section 24Verify source
§ 25Establishment, functions and composition of National Council for Persons with Disabilities - Committees of CouncilProvision

The Council may establish committees, prescribe committee meeting procedures, and delegate its functions to committees subject to conditions it determines.

Section Committees of Council Section The Council may establish such committees as may be necessary for the efficient performance of its functions under this Act. The Council may prescribe the procedure for the meetings of its committees. The Council may delegate any of its function to the committees as it may consider fit and subject to conditions as it may determine.
Section 25Verify source

Part IV

Secretariat

§ 26Secretariat - Secretariat and Executive SecretaryProvision

Establishes a Secretariat headed by an Executive Secretary appointed by the Minister on the advice of the Council; specifies term, resignation, removal, and limitation on removal for infirmity.

Section Secretariat and Executive Secretary Section The Council shall have a Secretariat headed by an Executive Secretary who shall be appointed by the Minister on the advice of the Council . Subject to the provisions of this Act, the Executive Secretary shall hold office on a full time basis for three years subject to renewal and on such terms and conditions as shall be specified in the instrument of appointment. The Executive Secretary may, in writing, addressed to the Minister through the Council , resign from office upon giving a one month notice. The Minister may, on the advice of the Council and after giving him or her one month’s notice in writing, remove the Executive Secretary from office for misbehaviour or inability to perform the functions of his or her office. Notwithstanding subsection (4) , the Executive Secretary shall not be removed from office under this section for inability to perform the functions of his or her office as result of infirmity of body or mind unless the Council , in consultation with the Medical Board, certifies that he or she is unable to perform the functions of his or her office.
Section 26Verify source
§ 27Secretariat - Functions of Executive SecretaryProvision

The Executive Secretary is the chief executive and accounting officer of the Council, must act as secretary at Council meetings and keep minutes, must perform other functions assigned by the Council; the Council may designate a next senior qualified officer to act in the Executive Secretary's absence.

Section Functions of Executive Secretary Section Subject to the general control of the Council , the Executive Secretary shall— The Executive Secretary shall be the chief executive and accounting officer of the Council . be the secretary at any meeting of the Council and shall keep a record of the minutes of the meetings; and perform such other functions as may be assigned to him or her by the Council . In the absence of the Executive Secretary, the Council may designate the next senior qualified officer of the Secretariat to act as executive secretary and in the event of continued absence without justifiable cause; the position shall be, filled within two months from the date the Executive Secretary was last in office.
Section 27Verify source
§ 28Secretariat - Other staff of CouncilProvision
Section Other staff of Council Section The Council shall have such other employees and officers in the Secretariat as the Council may with the approval of the Minister , determine. The Council shall pay the Executive Secretary and the other staff of the Council such remuneration and allowances as may be determined by the Council in consultation with the Minister responsible for finance and the Minister responsible for public service. The terms and conditions of service of the Executive Secretary, officers and employees of the Council shall be determined by the Council with the approval of the Minister , in consultation with the Minister responsible for public service.
Section 28Verify source
§ 29Secretariat - Experts and consultantsProvision

The Council may, on the Executive Secretary's advice, engage experts and consultants when necessary; those experts may be paid fees and allowances and granted facilities as determined by the Council.

Section Experts and consultants Section The Council may, acting on the advice of the Executive Secretary, engage the services of experts and consultants when necessary. The experts and consultants engaged under this section may be paid fees and allowances and granted such facilities as may be determined by the Council .
Section 29Verify source

Part V

Local government councils for persons with disabilities

§ 30Local government councils for persons with disabilities - District Councils for persons with disabilitiesProvision

Sets composition of a district council for persons with disabilities; Chairperson of district local government appoints members for five years; members elect the Chairperson and Vice Chairperson from among persons with disabilities with gender balance considered.

Section District Councils for persons with disabilities Section A district council for persons with disabilities shall consist of— The Chairperson of a district local government council shall appoint members of the District Council for persons with disabilities to serve for a period of five years. the District Community Development Officer as an ex officio member ; the Chief Finance Officer as an ex officio member ; the District Engineer; the District Education Officer as an ex officio member ; the Director of Health Services as an ex officio member ; the two district councilors representing persons with disabilities who shall be ex officio members; two other persons with disabilities appointed in consultation with the organisation of persons with disabilities in the district or city and one of whom shall be a woman; one representative of parents of children with disabilities appointed in consultation with the organisations of persons with disabilities in the district or city; one representative of non-governmental organisations working with persons with disabilities in the district or city; the Chairperson of the District Committee responsible for disability affairs or social services at the local council as an ex officio member ; one representative of youth with disabilities, on the district or city youth council; and one person of proven integrity with knowledge in disability who is involved in the promotion and advancement of the disability matters appointed in consultation with organisations of persons with disabilities in the district or city. The Chairperson and the Vice Chairperson shall be elected by the members of the district council for persons with disabilities from among members who are persons with disabilities, taking into consideration gender balance.
Section 30Verify source
§ 31Local government councils for persons with disabilities - Functions of district council for persons with disabilitiesProvision

A district council for persons with disabilities must perform a set of functions including coordinating and monitoring implementation of policies and programmes, promoting integration of services in plans, advocating national policy implementation, submitting biannual reports, inquiring into rights violations and non-compliance and recommending action, and performing other functions to enhance wellbeing.

Section Functions of district council for persons with disabilities Section A district council for persons with disabilities shall— coordinate and monitor the implementation of policies and programmes for persons with disabilities in the district or city; promote and advocate for the integration of services for persons with disabilities in the district or city plans of action; advocate for the implementation of national policies on disability in the district or city; submit reports on the situation of persons with disabilities in the district or city local government council and to the Council twice a year; inquire into any matter that violates the rights of persons with disabilities and non-compliance with laws, regulations, policies and programmes relating to disability and recommend appropriate action to the relevant body at the district or city level, if appropriate or to the Council ; and perform any other function that may enhance the wellbeing of persons with disabilities in the district or city.
Section 31Verify source
§ 32Local government councils for persons with disabilities - Secretariat and staff of district council for persons with disabilitiesProvision

A district council for persons with disabilities must have a secretariat that runs its day-to-day operations; the secretariat must be headed by an executive secretary appointed by the Chief Administrative Officer on the recommendation of the District Service Commission; the secretariat must have officers and employees as determined by the district council and approved by the chairperson, who is appointed by the Chief Administrative Officer on the recommendation of the District Service Commission.

Section Secretariat and staff of district council for persons with disabilities Section A district council for persons with disabilities shall have a secretariat which shall plan, coordinate and generally assist the district council in carrying out the functions and day-to-day operations of the district council for persons with disabilities. The secretariat shall be headed by an executive secretary who shall be appointed by the Chief Administrative Officer of the district, on the recommendation of the District Service Commission. The secretariat shall have officers and employees as may be determined by the district council and approved by the district council chairperson, who shall be appointed by the Chief Administrative Officer of the district on the recommendation of the District Service Commission.
Section 32Verify source
§ 33Local government councils for persons with disabilities - Subcounty councils for persons with disabilitiesProvision

Specifies composition of municipal/ town/ subcounty councils for persons with disabilities; the local council chairperson must appoint members who serve five-year terms; the council must elect chair and vice-chair from members who are persons with disabilities with gender balance considered.

Section Subcounty councils for persons with disabilities Section A municipal, city division, municipal division, town or subcounty council for persons with disabilities shall consist of— The chaiperson of a municipal, city division, municipal division, town or subcounty local council shall appoint members to the municipal, city division, municipal division, town or subcounty council for persons with disabilities as the case may be, who shall serve a period of five years. the Community Development Officer responsible for persons with disability , who shall be the secretary; two councillors representing persons with disabilities at that level, who shall be ex officio members; one youth with a disability ; one person of proven integrity and commitment to the disability matters; one parent of a child with a disability ; the District Inspector of schools who shall be an ex officio member ; the officer in charge of health services at that level who shall be an ex officio member ; a representative of non-governmental organisations, if any, appointed in consultation with organisations of persons with disabilities at that level; and two persons with disabilities appointed in consultation with organisations of persons with disabilities at that level, one of whom shall be a woman. The municipal, city division, municipal division, town or subcounty council shall elect their chairperson and vice chairperson from among members who are persons with disabilities, taking into consideration gender balance.
Section 33Verify source
§ 34Local government councils for persons with disabilities - Functions of subcounty councils for persons with disabilitiesProvision

Subcounty (and equivalent) councils for persons with disabilities must carry out specified functions including coordination, advocacy, reporting and inquiries to support the wellbeing and rights of persons with disabilities.

Section Functions of subcounty councils for persons with disabilities Section The functions of a municipal, city division, municipal division, town or subcounty council for persons with disabilities are— to coordinate and monitor the implementation of the policies and programmes for persons with disabilities in the subcounty; to promote and advocate for the integration of services for persons with disabilities in the subcounty plan of action; to advocate for the implementation of district and national policies on disability ; to submit reports on the situation of persons with disabilities in the subcounty to the district council for persons with disabilities, twice a year; to perform any other function that will enhance the wellbeing of persons with disabilities in the subcounty; to inquire into any matter that violates the rights of persons with disabilities and non-compliance with laws, regulations, policies or programmes relating to disability and recommend appropriate action to the district council or city council for persons with disabilities for relevant action; and to submit reports to the district council for persons with disabilities, every six months.
Section 34Verify source
§ 35Local government councils for persons with disabilities - Remuneration of members of district and subcounty councils for persons with disabilitiesProvision

District and subcounty councils may determine rates of remuneration or allowances for members and invited technical personnel; lower councils for persons with disabilities may invite technical personnel.

Section Remuneration of members of district and subcounty councils for persons with disabilities Section The members of the lower councils for persons with disabilities and members or persons co-opted to any meeting of the councils may be paid such remuneration or allowances at such rates as the district council and subcounty council may determine in accordance with the Local Governments (Financial and Accounting) Regulations. A lower council for persons with disabilities may invite relevant technical personnel to any of its meetings for technical advice and the personnel may be paid such remuneration or allowances at such rates as the relevant local government councils may determine in accordance with the Local Governments (Financial and Accounting) Regulations.
Section 35Verify source
§ 36Local government councils for persons with disabilities - Meetings of district and subcounty councils for persons with disabilitiesProvision

Lower councils for persons with disabilities must meet at least once every four months; each lower council must determine its meeting procedure.

Section Meetings of district and subcounty councils for persons with disabilities Section The lower councils for persons with disabilities shall meet at least once in four months for the discharge of their functions. Each lower council for persons with disabilities shall determine the procedure for its meetings.
Section 36Verify source

Part VI

Financial and other matters

§ 37Financial and other matters - Funds of CouncilProvision

The Council's funds must consist of money appropriated by Parliament, loans approved by the Minister responsible for finance, and grants/gifts/donations approved by the Minister responsible for finance.

Section Funds of Council Section The funds of the Council shall consist of— money appropriated by Parliament; loans from any person or organisation within or outside Uganda approved by the Minister responsible for finance; and grants, gifts and donations received from any source within or outside Uganda, with the approval of the Minister responsible for finance. All income and money of the Council shall be deposited to the credit of the Council in a bank approved by the Accountant General and shall not be withdrawn except with the approval of, and in the manner determined by the Council .
Section 37Verify source
§ 38Financial and other matters - Estimates of income and expenditureProvision

The Council must prepare and submit estimates of its income and expenditure for the next financial year within three months before the end of each financial year for approval by the Minister responsible for finance.

Section Estimates of income and expenditure Section The Council shall within three months before the end of each inancial year, cause to be prepared and submitted, to the Minister for submission to the Minister responsible for finance for approval, estimates of the income and expenditure of the Council for the proceeding financial year. No expenditure shall be made out of the funds of the Council unless the expenditure is approved by the Council .
Section 38Verify source
§ 39Financial and other matters - Financial yearProvision

The Council's financial year runs from 1 July to 30 June of the following year.

Section Financial year Section The financial year of the Council shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.
Section 39Verify source
§ 40Financial and other matters - AccountsProvision

The Council must prepare an annual performance report and keep proper books and financial records; it must also prepare financial statements and any other financial information the Minister responsible for finance requires, subject to any direction by that Minister.

Section Accounts Section Subject to any direction by the Minister responsible for finance, the Council shall cause to be prepared a report on the performance of the Council during the financial year comprising— The Council shall keep proper books of accounts and records of the income and expenditure of the Council . the financial statements of the Council ; and any other information in respect of the financial affairs of the Council , as the Minister responsible for finance, may require.
Section 40Verify source
§ 41Financial and other matters - AuditProvision

The Auditor General (or an appointed auditor) must audit the Council's accounts each financial year; the Council must submit a financial statement within four months after year end; the Auditor General has access to records, is entitled to information, and must audit and deliver audited accounts and reports to the Council (within two months of receipt) and to the Minister.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall in respect of each financial year audit the accounts of the Council . The Council shall ensure that within four months after the expiry of each financial year, a financial statement described in section 40(2) is submitted to the Auditor General for auditing. The Auditor General or any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Council and shall be entitled to have any information and explanation required by him or her in relation to those documents as he or she may deem fit. The Auditor General shall, within two months after receipt of the statement of accounts under subsection (2) , audit the accounts and deliver to the Council a copy of the audited accounts together with his or her report on the audited accounts, stating any matter which in his or her opinion should be brought to the attention of the Minister . The Auditor General shall also deliver to the Minister a copy of the audited accounts together with his or her report on the audited accounts.
Section 41Verify source
§ 42Financial and other matters - Compliance with Public Finance Management ActProvision

The Council must comply with the Public Finance Management Act.

Section Compliance with Public Finance Management Act Section The Council shall comply with the Public Finance Management Act.
Section 42Verify source

Part VII

Elections for persons with disabilities

§ 43Elections for persons with disabilities - Election of representativesProvision

The Electoral Commission must facilitate forming electoral colleges and appoint returning and presiding officers; persons with disabilities who meet the national standard may contest elective office.

Section Election of representatives Section The election of the representatives of persons with disabilities at all levels of Government shall be conducted using the electoral structure prescribed in Schedule 7 to this Act. The Electoral Commission shall facilitate the formation of electoral colleges at the different levels of Government and shall appoint returning officers and presiding officers to conduct the elections of the representatives of persons with disabilities. Any person with a disability who meets the national standard for elections has a right to contest for any elective office to represent persons with disabilities. Elections at the national, district and city level shall be by secret ballot. Elections at village, parish or ward, subcounty, division and town council level shall be by the electorate lining up behind the candidates nominated for the office, or their representatives, portraits or symbols.
Section 43Verify source
§ 44Elections for persons with disabilities - Candidates for electionsProvision

The Electoral Commission may nominate a person with a disability for elections under this Part if the person is sponsored by a political organisation or party, or if the person stands as an independent candidate.

Section Candidates for elections Section A person with a disability may be nominated by the Electoral Commission for elections under this Part, where that person is sponsored by a political organisation or a political party or where the person stands for elections as an independent candidate.
Section 44Verify source

Part VIII

Miscellaneous

§ 45Miscellaneous - Protection of members of Council from civil actionProvision

A member of the Council or an employee of the Council acting on its behalf is exempt from personal liability for acts done in good faith to carry into effect this Act.

Section Protection of members of Council from civil action Section A member of the Council or an employee of the Council acting on its behalf shall not be personally liable for any act done by him or her in good faith for the purpose of carrying into effect the provisions of this Act.
Section 45Verify source
§ 46Miscellaneous - Reports of CouncilProvision

The Council must submit an annual report to the Minister within three months after each financial year; the report must include achievements and future plans. The Minister must submit the report to Parliament for discussion.

Section Reports of Council Section The Council shall, within three months after the end of each financial year, submit to the Minister a report on the activities of the Council in respect of that financial year and the report shall include its achievements during that financial year and its future plans. The Minister shall submit the report to Parliament for discussion.
Section 46Verify source
§ 47Miscellaneous - RegulationsProvision

The Minister may, by statutory instrument and in consultation with the Council, make regulations to carry the Act into effect.

Section Regulations Section The Minister may, by statutory instrument, in consultation with the Council , make regulations for better carrying into effect the provisions of this Act.
Section 47Verify source
§ 48Miscellaneous - Power to amend SchedulesAmendment

The Minister may amend specified Schedules to the Act by statutory instrument subject to conditions (approval of Cabinet for Schedules 1 and 5; recommendation of the Council for Schedules 2, 3, 4, 6 and 7).

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedules 1 and 5 to this Act. The Minister may, by statutory instrument, on the recommendation of the Council , amend Schedules 2, 3, 4, 6 and 7 to this Act.
Section 48Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

  • Council . Subject to the provisions of this Act

    Section 26

G–M

1 instrument

  • Government shall be conducted using the electoral structure prescribed in Schedule 7 to this Act

    Section 43

N–S

3 instruments

  • National Council for Persons with Disabilities - Meetings of Council Schedule 6 to this Act

    Section 24

  • Persons with Disabilities and its optional protocols. Subject to this Act

    Section 3

  • Schedules The Minister may amend specified Schedules to the Act

    Section 48

T–Z

1 instrument

  • Uganda Foundation for the Blind Section The property specified in Schedule 5 to this Act

    Section 18

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  • 31 Dec 2023 · currentEnglish

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