National Council for Persons with Disabilities
Open ↗(1) A body to be known as National Council for Persons with Disabilities shall be established for the purpose of this Act.
(2) The Council shall consist of the following members:
(a) the Minister who shall be the Chairman;
(b) the Secretary General of the Ministry responsible for social welfare, who shall be the Deputy Chairman;
(c) the Attorney General of Malaysia, or his representative;
(d) the Secretary General of the Ministry responsible for finance;
(e) the Secretary General of the Ministry responsible for transport;
(f) the Secretary General of the Ministry responsible for human resources;
(g) the Director General of Education;
(h) the Director General of Health;
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(i) the Chairman of the Commercial Vehicle Licensing Board;
(j) not more than ten persons having appropriate experience, knowledge and expertise in problems and issues relating to persons with disabilities to be appointed by the Minister.
(3) The members of the Council appointed under subsection (2) may be paid such allowances as the Minister may determine.
(4) A member of the Council appointed under paragraph (2)(j), unless he sooner resigns or vacates his office or his appointment is sooner revoked, shall hold office for a term not exceeding two years and is eligible for reappointment for a term not exceeding two consecutive terms.
Alternate members
Open ↗(1) The Minister may appoint a person to be an alternate member in respect of each member appointed under paragraphs 3(2)(d), (e) and (f) to attend, in place of that member, meetings of the Council if that member is for any reason unable to attend.
(2) When attending meetings of the Council, an alternate member shall for all purposes be deemed to be a member of the Council.
(3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Council.
Revocation of appointment
Open ↗The Minister shall revoke the appointment of a member of the Council appointed under paragraph 3(2)(j)—
(a) if his conduct, whether in connection with his duties as a member of the Council or otherwise, has been such as to bring discredit on the Council;
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(b) if there has been proved against him, or he has been convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under a law relating to corruption; or
(iii) any other offence punishable with imprisonment;
(c) if he becomes a bankrupt; or
(d) if he becomes of unsound mind or is otherwise incapable of discharging his duties.
Cessation of membership
Open ↗A member of the Council appointed under paragraph 3(2)(j) shall cease to be a member—
(a) if he is absent from three consecutive meetings of the Council without leave of the Chairman;
(b) if his appointment is revoked;
(c) if he dies; or
(d) if he resigns his office by giving one month notice in writing to the Minister.
Meetings of Council
Open ↗(1) The Council shall meet at least three times a year for the performance of its functions at such time and place as the Chairman may determine.
(2) Eleven members shall form the quorum of a meeting of the Council.
(3) The Chairman shall preside over all its meetings.
(4) If the Chairman is unable for any reason to preside any meeting of the Council, the meeting shall be presided by the Deputy Chairman.
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(5) The Council may invite any person to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.
(6) At any meeting of the Council, the Chairman shall have a deliberative vote and shall, in the event of an equality of votes, have a casting vote.
(7) Any person invited under subsection (5) may be paid such allowance as the Minister may determine.
(8) Subject to the provisions of this Act, the Council may make regulations for regulating its meetings and proceedings.
Secretary to the Council
Open ↗The Director General of Social Welfare shall be the Secretary to the Council.
Functions of the Council
Open ↗(1) The functions of the Council shall be as follows:
(a) to oversee the implementation of the national policy and national plan of action relating to persons with disabilities;
(b) to make recommendations to the Government on all aspects of persons with disabilities including matters relating to the support, care, protection, rehabilitation, development and wellbeing of persons with disabilities;
(c) to co-ordinate and monitor the implementation of the national policy and national plan of action relating to persons with disabilities with relevant ministries, government agencies, bodies or organizations and the private sector;
(d) to monitor and evaluate the impact of policies, programmes and activities designed to achieve full and effective participation of persons with disabilities and in doing so may enter into such arrangement with relevant ministries, government agencies, bodies or organizations and the private sector as it deems necessary;
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(e) to review the activities of all ministries, government agencies, bodies or organizations and the private sector that are involved in the implementation of the national policy and national plan of action relating to persons with disabilities;
(f) to recommend to the Government changes to the existing law as well as to propose new law in order to secure full and effective participation in society of persons with disabilities, including to facilitate accessibility;
(g) to develop programmes and strategies aiming at educating the society and to raise awareness throughout society, including at the family level, regarding persons with disabilities including their capabilities and contributions in order to promote positive perception and greater social awareness and to foster respect for the rights and dignity towards persons with disabilities;
(h) to adopt effective and appropriate measures to promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;
(i) to foster at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;
(j) to advise the Government on the issues of disabilities including developments at the international level;
(k) to collect and collate data and information, and undertake and promote research relating to persons with disabilities;
(l) to promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services;
(m) to promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding or obtaining employment on equal basis with persons without disabilities; and
(n) to perform any other functions as directed by the Minister for the proper implementation of this Act.
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(3) The Council shall have all such powers as may be necessary for, or in connection with, or incidental to, the performance of its functions under this Act.
Council to be assisted by the Department
Open ↗The Council shall be assisted by the Department in the performance of its functions and the exercise of its powers under this Act.
Establishment of committees
Open ↗(1) The Council may establish such committees as it deems necessary or expedient to assist it in the performance of its functions and the exercise of its powers under this Act.
(2) A committee established under subsection (1)—
(a) shall be chaired by any member of the Council specified under paragraphs 3(2)(b) to (i);
(b) shall conform to and act in accordance with any direction given to it by the Council; and
(c) may determine its own procedure.
(3) Members of the committees established under subsection
(1) may be appointed from amongst members of the Council or such other persons as the Council thinks fit.
(4) Except for members of the committee appointed from amongst members of the Council, any other persons appointed as members of the committees may be paid such allowance as the Minister may determine.
(5) A member of a committee shall hold office for such a term as may be specified in his letter of appointment and is eligible for reappointment.
(6) The Council may revoke the appointment of any member of a committee without assigning any reason for the revocation.
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(7) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.
(8) The Council may, at any time, discontinue or alter the constitution of a committee.
(9) A committee shall hold its meetings at such times and places as the chairman of the committee may determine.
(10) A committee may invite any person to attend any meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(11) Any person invited under subsection (10) may be paid such allowance as the Minister may determine.
Delegation of functions and powers
Open ↗(1) The Council may, subject to such conditions, limitations or restrictions as it deems fit to impose, delegate any of its functions and powers, except the power to make regulations under section 43, to—
(a) the Chairman of the Council;
(b) any member of the Council appointed under paragraph 3(2)(b) to (i); and
(c) a committee established under section 11.
(2) Any person or committee delegated with such functions and powers shall conform and have regard to all conditions and restrictions imposed by the Council and all requirements, procedures and matters specified by the Council.
(3) Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the Council.
(4) The delegation under this section shall not preclude the Council itself from performing or exercising at any time any of the delegated functions and powers.
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Council to recommend changes to law
Open ↗(1) In performing its functions under this Act, it shall be the responsibility of the Council to recommend to the Government changes required to be made to any law or to propose the provision of new law in order to secure full and effective participation in society of persons with disabilities, including to facilitate accessibility or any other matter as it deems necessary or expedient.
(2) For the purposes of making any recommendation under subsection (1), the Council—
(a) shall consult the relevant ministries, government agencies, bodies or organizations; or
(b) may consult the private sector or any non-governmental organization as it deems necessary or expedient to do so.
(3) In formulating its recommendation or proposal under subsection
(1), the Council shall have regard to such policies, information and other considerations received during the consultation pursuant to subsection (2) that appear to it to be relevant.
Responsibility of the Government
Open ↗The responsibility and obligation to be discharged by the Government under this Act shall be in furtherance of its policy relating to persons with disabilities and shall be so discharged—
(a) by taking into consideration the available financial and human resources and such other factors as may be relevant; and
(b) in compliance with the provisions of the Federal Constitution and other written laws as may be relevant.
Responsibility of relevant ministries, etc.
Open ↗It shall be the responsibility and obligation of every relevant ministries, government agencies or bodies or organizations—
(a) to co-operate with and assist the Council in the performance by the Council of its functions under this Act;
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(b) to give due consideration to the national policy and national plan of action of the Government relating to persons with disabilities; and
(c) to undertake steps, measures or actions required to be taken by it in such form or manner as may be provided for under any other written law or otherwise relating to persons with disabilities.
Responsibility of the private sector and non-governmental organization
Open ↗It shall be the responsibility and obligation of the private sector and non-governmental organization—
(a) to co-operate with and assist the Council in the performance by the Council of its functions under this Act;
(b) to give due consideration to the national policy and national plan of action of the Government relating to persons with disabilities; and
(c) to undertake steps, measures or actions required to be taken by it in such form or manner as may be provided for under any other written law or otherwise relating to pesons with disabilities.
Follow up
Open ↗(1) The Council may require the relevant ministries, government agencies or bodies or organizations to submit reports to the Council on steps, measures and actions required to be undertaken by them in complying with the provisions of this Act at such intervals as the Council may specify.
(2) It shall be the duty of the relevant ministries, government agencies or bodies or organizations referred to in subsection (1) to submit full reports regarding the progress of steps, measures or actions undertaken by them and such report shall be given until the conclusion thereof.
(3) The Council may require the relevant ministries, government agencies or bodies or organizations to provide explanation if the Council is of the opinion that the progress of steps, measures or actions is inadequate or unsatisfactory.
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Funds
Open ↗The Government shall allocate the Council with adequate funds annually to enable the Council to perform its functions under this Act.
Annual reports
Open ↗The Council shall furnish to the Minister, and such public authority as may be directed by the Minister an annual report of all its activities during the year to which the report relates.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
