Original Draft of Persons with Disability Act    Summary of Act in English

Amendments proposed by SILA

Chinese Version         Summary of Chinese Version

Malay Version             RINGKASAN: Cadangan Akta Orang Kurang Upaya

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SIGNATURE CAMPAIGN SUPPORT THE PROPOSED PERSONS WITH DISABILITIES ACT!

Original act as drafted by En. Mah Hassan Haji Omar

DRAFT

Persons with disabilities ACT, 2002

PREAMBLE.

An act to provide the basis for the equalization of opportunities for
persons with disabilities and to avoid discrimination and harrassment of
the same.

The objects of this Act are:

i) To ensure that persons with disabilities in Malaysia have the
same rights to equality before the law as the rest of the community in
the country.

ii) To eliminate, as far as possible, discrimination against persons
on the ground of disability in various areas of life.

iii) To promote recognition and acceptance within the community of the
principle that persons with disabilities be afforded equal opportunities
and full participation to enable them to live as a rightful citizen of
the country.


CHAPTER i

PRELIMINARY

1. Short title and commencement.

This act may be cited as the Persons with disabilities Act, 2002.

2. Definition.

"Disability" means any restriction or lack of ability, resulting from an
impairment, to perform an activity in the manner or within the range
considered normal for a human being.

"Equalization of opportunities" means the process through which the
various systems of society and the environment, such as services,
activities, information and documentation, are made available to all,
particularly to persons with disabilities.

"Impairment" means any loss or abnormality of psychological,
physiological or anatomical structure or function.

"Handicap" means a disadvantage for a given individual, resulting from an
impairment or disability, that limits or prevents the fulfillment of a
role that is normal, depending on age, gender, and social and cultural
factors for that individual.

"Minister" means the Minister of National Unity and Social Development.

"Rehabilitation" is a process aimed at enabling persons with disabilities
to reach and maintain their optimal physical, sensory, intellectual,
psychiatric and/or social functional levels, thus providing them with the
tools to change their lives towards a higher level of independence.
Rehabilitation may include measures to provide and/or restore functions,
or compensate for the loss or absence of a function or for a functional
limitation.

"relevant authorities" includes any ministry or department of the Federal
Government of Malaysia, an authority of the state government or local
government for the time being in-charge of the subject matter.


CHAPTER ii

EQUALIZATION OF OPPORTUNITIES AND FULL PARTICIPATION

PART 1. PREVENTION AND EARLY DETECTION OF DISABILITIES.

1. Within the limit of its economic capacity and development,
relevant authorities, with a view to preventing the occurrence of
disabilities, shall:-

(a) undertake or cause to be undertaken surveys,
investigations and research concerning the cause of occurrence of
disabilities;

(b) promote various methods of preventing disabilities;

©) ensure that all relevant medical and paramedical
personnel at the primary health centres are adequately trained and
equipped to give medical care to persons with disabilities and that they
have access to relevant treatment methods and technology;

(d) take measures for pre-natal, peri-natal and post-natal
care of mother and child;

(e) create awareness amongst the masses through television,
radio and other mass media on the causes of disabilities and the
preventive measures to be adopted.

2. Within the limit of its economic capacity and development,
relevant authorities shall ensure that persons with disabilities are
provided with any regular treatment and medicines they may need to
preserve or improve their level of functioning.


PART 2. EDUCATION.

1. Every child with any kind and any level of disability shall have
access to free education in an appropriate environment till he or she
attains the age of eighteen years.

2. Education for persons with disabilities should form an integral
part of national educational planning, curriculum development and school
organization.

3. Relevant authorities shall endeavour to promote the integration
of students with disabilities in the normal schools.

To accomodate educational provisions for persons with
disabilities in the mainstream, relevant authorities shall-

(a) have a clearly stated policy, understood and accepted at
the school level and by the community at large;

(b) allow for curriculum flexibility, addition and
adaptation;

©) provide for quality and accessible materials, ongoing
teacher training and support teachers.

4. Special education may be considered in situations where the
general school system does not yet adequately meet the needs of all
persons with disabilities or where special education is deemed to be the
most appropriate form of education for some students with disabilities.
It should be aimed at preparing students for education in the general
school system. The quality of special education should reflect the same
standards and ambitions as general education and should be closely linked
to it. At a minimum, students with disabilities should be afforded the
same portion of educational resources as students without disabilities.

5. In order to ensure that quality education is accessible to all,
special attention shall be focussed on the following areas namely,
curriculum educational programmes, teaching methods and support services.

(1) For persons with visual impairment, in the preparatory
and primary levels, a modified curriculum shall include but shall not be
limited to sensory training, daily living skills, special instruction in
braille reading and writing, orientation and mobility, basic knowledge in
computers with screen-reading software, mathematics, music and games.

Preparation for mainstreaming must be worked out in the
early years of schooling at the primary level to ensure that visually
impaired children just like other children with disabilities, except
those possibly with mental retardation, are educated with their non-
disabled peers to the fullest extent possible. In secondary and tertiary
levels, they shall be integrated and mainstreamed and undergo the regular
curriculum. Students with visual impairment in these levels shall be
supported with the necessary services such as reading materials in
braille or audio form, braille equipments, reading machine, computer with
special applications, low-vision equipments, orientation & mobility,
counseling and resource teachers (in secondary schools).

(2) For persons with hearing impairment, modified curriculum
shall emphasize communication and language development which is tailored
to meet the students' educational needs. The curriculum shall include
special instruction in speech, speech reading, auditory training and
rhythm using total communication, multi-sensory and other approaches.
They shall be referred to support personnel such as sign language
interpreters, audiologists, otologists, speech therapists, auditory
trainers and others as needed.

Owing to the particular communication needs of deaf and
deaf-blind persons, their education may be more suitably provided in
schools for such persons or special classes and units in mainstream
schools.

(3) For persons with orthopedic handicaps, quality education
shall be given in the same manner as those in the regular education and
they shall be allowed to attend classes in the ground floors of the
school buildings whenever possible. Class schedule and other pertinent
considerations shall be made to suit their learning requirements Efforts
shall be made for the removal of architectural barriers from schools and
colleges.

(4) For persons with mental retardation, the modified
curriculum shall emphasize on training in self-care, socialization,
motor, pre-vocational, vocational and other daily living skills. For
those with severe retardation, emphasis shall be on the development of
self-care skills.

(5) For persons with behavior problems such as those with
autism, for persons with learning disabilities and for persons with
multiple handicaps, modified curriculum shall include special activities
and instructional techniques for the normalization of behavior,
functional and technical academic skills to rehabilitate them in society.

6. Relevant authorities shall initiate or cause to be initiated
research for the purpose of designing and developing new assistive
devices, teaching aids, special teaching materials or such other items as
are necessary to give a child with disability equal opportunities in
education.

7. Relevant authorities shall set up adequate number of teacher's
training institutions and support non-governmental organizations to
develop teacher's training programmes specialisation in disabilities so
that requisite trained manpower is available for special schools and
integrated schools for children with disabilities.

8. Without prejudice to the foregoing provisions, relevant
authorities shall prepare a comprehensive education scheme which shall
make provision for:-

• the implementation of individualized education plan in
respect of every children with disabilities at school;


• Transport facilities to the children with disabilities or
alternatively financial incentives to parents or guardians to enable
their children with disabilities to attend schools;

• the supply of free of cost special books and equipments
needed for the education of children with disabilities;

• the grant of scholarship to students with disabilities;

• a means to attend to grievances of parents regarding the
placement of their children with disabilities.


PART 3. EMPLOYMENT.

1. Relevant authorities shall organize projects for promotion of
employment of persons with disability namely:

• Job development and diffusion of suitable jobs for
persons with disability;

• measures to design and adapt workplaces and work premises
in such a way that they become accessible for persons with different
disabilities;

• support for the use of new technologies and the
development and production of assistive devices, tools and equipments and
measures to facilitate access to such devices and equipments for persons
with disability to enable them to gain and maintain employment;

• provision of appropriate training and placement and
ongoing support such as personal assistance and interpreter services;

• public awareness-raising campaigns designed to overcome
negative attitudes and prejudices concerning workers with disabilities;

• measures to improve the work environment in order to
prevent injuries and impairments and measures for the rehabilitation of
employees who have sustained employment-related injuries.

• 2. Relevant authorities shall formulate the following
policies for ensuring employment of persons with disability:

• one percent jobs in the public sector in one year being
reserved for persons with disability;

• one percent jobs in the private sector in one year being
reserved for persons with disability;

• incentives and recognition to any employer maintaining no
less than 5 percent employment of persons with disability for a
continuous period of no less than 12 calendar months, and a special
incentives to any employer maintaining more than 10 percent employment of
persons with disability for a continuous period of no less than 12
calendar months;

• tax incentives to employers acquiring equipments for the
benefit of their employees with disabilities or making adjustments to
accomodate employees with disabilities.

• 3. Relevant authorities shall formulate the following
schemes for promoting entrepreneurship and self-employment of persons
with disability:

• grants for small business wholly owned by persons with
disability;

• loans for capital resources;

• business cites which are accessible for persons with
different disabilities;

• exclusive contracts or priority production rights;

• special agency for marketing of goods produced by persons
with disability.


PART 4. REHABILITATION.

1. Relevant authorities shall develop or support the development of
national rehabilitation programmes for all groups of persons with
disabilities. Such programmes should be based on the actual individual
needs of persons with disabilities and on the principles of full
participation and equality.

2. Rehabilitation programmes shall include but shall not be limited
to basic skills training to improve or compensate for an affected
function, counselling of persons with disabilities and their families,
developing self-reliance, and occasional services such as assessment and
guidance.

3. All persons with disabilities, including persons with severe and
/or multiple disabilities, who require rehabilitation shall have access
to it.


PART 5. ACCESSIBILITY.

1. Relevant authorities shall formulate policies to make the
physical environment accessible and to provide access to information and
communication for persons with disabilities.


2. The Local Government shall ensure the attainment of a barrier-
free environment that will enable persons with disability to have access
in public and private buildings through effective implementation of
Uniform Building Byelaws.

3. Relevant authorities shall allocate funds for the provision of
architectural facilities and structural features for persons with
disability in government buildings and related facilities.

4. Relevant authorities shall develop a comprehensive programme to
assist persons with disability to gain more access to public transport
facilities.

5. Relevant authorities shall develop programmes to make information
services and documentation accessible for different groups of persons
with disability. Braille, tape services, large print and other
appropriate technologies should be used to provide access to written
information and documentation for persons with visual impairments.
Similarly, appropriate technologies should be used to provide access to
spoken information for persons with hearing impairments or comprehension
difficulties.

6. In order to facilitate the communication between deaf persons and
others, sign language interpretation services shall be provided in key
places such as educational institutions and health centres while latest
telecommunication services should be made available such as web camera,
video conferencing and telecommunication relay services.

7. Relevant authorities shall formulate guidelines for media
especially television, radio and newspapers, and telecommunication
operators to make their services accessible for persons with disability.

8. Organizations of persons with disabilities shall be consulted
when,

(a) developing standards and norms for accessibility to
physical environment;

(b) developing measures to make information services
accessible.


PART 6. SUPPORT SERVICES.

1. Relevant authorities shall establish ongoing communication with
organizations of persons with disability and ensure their participation
in the development of government policies.

The organizations of persons with disability may have the role of
identifying needs and priorities, participating in the planning,
implementation and evaluation of services and measures concerning the
lives of persons with disability, and contributing to public awareness
and to advocate change.


2. Relevant authorities should involve organizations of persons with
disability in all decision-making relating to plans and programmes
concerning persons with disability or affecting their economic and social
status.

3. Relevant authorities shall, at regular intervals, collect gender
-specific statistics and other information concerning the living
conditions of persons with disability. Such data collection may be
conducted in conjunction with national census and household surveys and
could be undertaken in close collaboration, inter alia, with
universities, research institutes and organizations of persons with
disability.

4. Relevant authorities should support, financially or otherwise,
the development, production, distribution and servicing of assistive
devices and equipment and the dissemination of knowledge about them.

5. Relevant authorities should support, financially or otherwise,
the development and provision of personal assistance programmes and
interpretation services, especially for persons with severe and/or
multiple disabilities.


PART 7. SOCIAL SECURITY.

1. Relevant authorities shall ensure the provision of adequate
income support to persons with disability who, owing to disability or
disability-related factors, have temporarily lost or received a
substantial reduction in their income or have been denied employment
opportunities.

2. Social security programmes should also provide incentives for
persons with disability to seek employment in order to establish or re-
establish their income-earning capacity.

3. Persons with disabilities and their families need to be fully
informed about taking precautions against sexual and other forms of
abuse. persons with disability are particularly vulnerable to abuse in
the family, community or institutions and need to be educated on how to
avoid the occurrence of abuse, recognize when abuse has occurred and
report on such acts.


CHAPTER iii

PROVISIONS RELATING TO DISABILITY DISCRIMINATION

PART 1. INTERPRETATION OF DISABILITY DISCRIMINATION.

1. For the purposes of this act, a person ("discriminator")
discriminates against another person ("aggrieved person") on the ground
of a disability of the aggrieved person if, because of the aggrieved
person's disability, the discriminator treats or proposes to treat the
aggrieved person less favourably than, in circumstances that are the same
or are not materially different, the discriminator treats or would treat
a person without the disability.

2. Indirect Disability Discrimination.

For the purposes of this act, a person ("discriminator")
discriminates against another person ("aggrieved person") on the ground
of a disability of the aggrieved person if the discriminator requires the
aggrieved person to comply with a requirement or condition:

(a) with which a substantially higher proportion of persons
without the disability comply or are able to comply;

(b) which is not reasonable having regard to the
circumstances of the case or,

©) with which the aggrieved person does not or is not able
to comply.

3. Persons with palliative or therapeutic devices or auxiliary aids.

For the purposes of this act, a person ("discriminator")
discriminates against another person with a disability ("aggrieved
person") if the discriminator treats or proposes to treat the aggrieved
person less favourably because of the fact that the aggrieved person is
accompanied by, or possesses:

(a) a palliative or therapeutic device or,

(b) an auxiliary aid;
that is used by the aggrieved person, or because of any
matter related to that fact.

4. Persons accompanied by interpreters, assistants etc.

For the purposes of this act, a person ("discriminator")
discriminates against another person with a disability ("aggrieved
person") if the discriminator treats or proposes to treat the aggrieved
person less favourably because of the fact that the aggrieved person is
accompanied by:

(a) an interpreter,

(b) a reader,

©) a carer or

(d) an assistant;
who provides interpretive, reading or other services to
the aggrieved person because of the disability, or because of any matter
related to that fact.




PART 2. PROHIBITION OF DISABILITY DISCRIMINATION

1. Discrimination in employment.

(1) An employer or a person acting or purporting to act on
behalf of an employer shall not discriminate against a person on the
ground of the other person's disability:

(a) in the arrangements made for the purpose of
determining who should be offered employment;

(b) in determining who should be offered employment or,

©) in the terms or conditions on which employment is
offered.

(2) An employer or a person acting or purporting to act on
behalf of an employer shall not discriminate against an employee on the
ground of the employee's disability:

(a) in the terms or conditions of employment that the
employer affords the employee;

(b) by denying or limiting the employee's access to
opportunities for promotion, transfer or training, or to any other
benefits associated with employment;

©) by dismissing the employee or,

(d) by subjecting the employee to any other
detriment.

2. Discrimination against agents by commission.

(1) A principal or a person acting or purporting to act on
behalf of a principal shall not discriminate against a person on the
ground of the other person's disability:

(a) in the arrangements made for the purpose of
determining who should be engaged as an agent by commission;

(b) in determining who should be engaged as an agent
by commission or,

©) in the terms or conditions on which the person is
engaged as an agent by commission.

(2) A principal or a person acting or purporting to act on
behalf of a principal shall not discriminate against an agent by
commission on the ground of the agent's disability:

(a) in the terms or conditions that the principal
affords the agent as an agent by commission;

(b) by denying or limiting the agent's access to
opportunities for promotion, transfer or training, or to any other
benefits associated with the position as an agent by commission;

©) by terminating the engagement or,

(d) by subjecting the agent to any other detriment.

3. Partnerships.

(1) Persons who are proposing to form themselves in to a
partnership shall not discriminate against another person on the ground
of the other person's disability:

(a) in determining who should be invited to become a
partner in the partnership or,

(b) in the terms or conditions on which the other
person is invited to become a partner in the partnership.

(2) One or more of the partners in a partnership shall not
discriminate against another person on the ground of the other person's
disability:

(a) in determining who should be invited to become a
partner in the partnership or,

(b) in the terms or conditions on which the other
person is invited to become a partner in the partnership.

(3) One or more of the partners in a partnership shall not
discriminate against another partner in the partnership on the ground of
the other partner's disability:

(a) by denying or limiting the partner's access to
any benefit arising from being a partner in the partnership;

(b) by expelling the other partner from the
partnership or,

©) by subjecting the partner to any other detriment.

4. Qualifying bodies.

(1) No authority or body that is empowered to confer, renew,
extend, revoke or withdraw an authorisation or qualification that is
needed for or facilitates the practice of a profession, the carrying on
of a trade or the engaging in of an occupation shall discriminate against
a person on the ground of the person's disability:

(a) by refusing or failing to confer, renew or extend
the authorisation or qualification;

(b) in the terms or conditions on which it is
prepared to confer the authorisation or qualification or to renew or
extend the authorisation or qualification or,

©) by revoking or withdrawing the authorisation or
qualification or varying the terms or the conditions upon which it is
held.

5. Registered organisations.

(1) No registered organisation, the committee of management
of a registered organisation or a member of the committee of management
of a registered organisation shall discriminate against a person on the
ground of the person's disability:

(a) by refusing or failing to accept the person's
application for membership or,

(b) in the terms or conditions on which the
organisation is prepared to admit the person to membership.

(2) No registered organisation, the committee of management
of a registered organisation or a member of the committee of management
of a registered organisation shall discriminate against a person who is a
member of the registered organisation on the ground of the member's
disability:

(a) by denying or limiting the partner's access to
any benefit provided by the organisation;

(b) by depriving the member of membership or varying
the terms of membership or,

©) by subjecting the member to any other detriment.

6. Education.

(1) No educational authority shall discriminate against a
person on the ground of the person's disability:

(a) by refusing or failing to accept the person's
application for admission as a student or,

(b) in the terms or conditions on which it is
prepared to admit the person as a student.

(2) No educational authority shall discriminate against a
student on the ground of the student's disability:

(a) by denying or limiting the partner's access to
any benefit provided by the educational authority;

(b) by expelling the student or,

©) by subjecting the student to any other detriment.

(3) This section does not render it unlawful to discriminate
against a person on the ground of the person's disability in respect of
admission to an educational institution established wholly or primarily
for students who have a particular disability where the person does not
have that particular disability.

7. Access to public buildings.

(1) No person shall discriminate against another person on
the ground of the other person's disability:

(a) by refusing to allow the other person access to,
or the use of, any buildings or part of a building, that the public or a
section of the public is entitled or allowed to enter or use (whether for
payment or not);

(b) in the terms or conditions on which the first-
mentioned person is prepared to allow the other person access to, or the
use of, any such buildings;

©) in relation to the provision of means of access
to such buildings;

(d) by refusing to allow the other person the use of
any facilities in such buildings that the public or a section of the
public is entitled or allowed to use (whether for payment or not);

(e) in the terms or conditions on which the first-
mentioned person is prepared to allow the other person the use of any
such facilities or,

(f) by requiring the other person to leave such
buildings or cease to use such facilities.

8. Goods, services and facilities.

(1) No person who, whether for payment or not, provides goods
or services, or makes facilities available shall discriminate against
another person on the ground of the other person's disability:

(a) by refusing to provide the other person with
those goods or services or to make those facilities available to the
other person;

(b) in the terms or conditions on which the first-
mentioned person provides the other person with those goods or services
or makes those facilities available to the other person or,

©) in the manner in which the first-mentioned person
provides the other person with those goods or services or makes those
facilities available to the other person.

9. Accomodation.

(1) No person shall discriminate against another person on
the ground of the other person's disability:

(a) by refusing the other person's application for
accomodation;

(b) in the terms or conditions on which the
accomodation is offered to the other person or,

©) by deferring the other person's application for
accomodation or according to the other person a lower order of precedence
in any list of applicants for that accomodation.

(2) No person shall discriminate against another person on
the ground of the other person's disability:

(a) by denying or limiting the other person's access
to any benefit associated with accomodation occupied by the other person;

(b) by evicting the other person from accomodation
occupied by the other person or,

©) by subjecting the other person to any other
detriment in relation to accomodation occupied by the other person.

10. Land and properties.

(1) No person shall discriminate against another person on
the ground of the other person's disability:

(a) by refusing or failing to dispose of a land or
property or interest in land or property to the other person or,

(b) in the terms or conditions on which a land or
property or interest in land or property is offered to the other person.

11. Sports and recreational activities.

(1) No person shall discriminate against another person on
the ground of the other person's disability by excluding that other
person from a sport or recreational activity.

(2) This section does not render unlawful discrimination
against a person if:

(a) the person is not reasonably capable of
performing the actions reasonably required in relation to the sports or
recreational activity or,

(b) a sport activity is conducted only for persons
who have a particular disability and the first-mentioned person does not
have that disability.


PART 3. DISCRIMINATION INVOLVING HARASSMENT.

1. Harassment in employment.

(1) No person shall, in relation to the disability, harass
another person who:

(a) is an employee of that person and,

(b) has a disability.

(2) No person shall, in relation to the disability, harass
another person who:

(a) is an employee of a person by whom the first-
mentioned person is employed and,

(b) has a disability.

(3) No person shall, in relation to the disability, harass
another person who:

(a) is seeking employment by the first-mentioned
person or by an employer of the first-mentioned person and,

(b) has a disability.

2. Harassment in education.

No person who is a member of the staff of an educational
institution shall, in relation to the disability, harass another person
who:

(a) is a student at that educational institution or is
seeking admission to that educational institution as a student and,

(b) has a disability.


PART 4. EXEMPTIONS.

1. Acts done under statutory authority.

This Part does not render unlawful anything done by a person in
direct compliance with:

(a) a statutory authority;

(b) an order of a court or a tribunal or,

©) any law or regulation.

2. Infectious diseases.

This Part does not render unlawful for a person to discriminate
against another person on the ground of the other person's disability if:

(a) the person's disability is an infectious disease and,

(b) the discrimination is reasonably necessary to protect
public health.

3. Commission may grant exemptions.

The Commission may, on application by an affected person, by
notification in writing grant an exemption from the operation of a
provision of Chapter iii Part 2 subject to such terms and conditions as
are specified in the notice.


CHAPTER iii

PERSONS WITH DISABILITIES COMMISSION.

1. Establishment of the Commission.

An independent body to be known as Commission For Persons With
Disabilities (elsewhere to be referred to as "the Commission") shall be
established for the purpose of this act.

2. Membership.

The Commission shall comprise of the following members to be
appointed by the Minister:

(a) a Chairman, who shall also be the Executive Chairman of
the Commission;

(b) Four persons to represent the government and,

©) four persons of individuals with disabilities or
representing the organizations of persons with disabilities.

A person shall not be qualified for the appointment as members of
the Commission unless he or she has substantial knowledge or practical
experience in respect of matters relating to rehabilitation or other
aspects of disabilities.

3. Terms of office.

Subject to the terms and conditions as stipulated in the letter
of appointment, a member of the Commission shall hold office for a term
not exceeding three years and shall be eligible for reappointment.

4. Remuneration and other expenses.

The Parliament shall allocate sufficient fund for remuneration of
the members of the Commission and other expenses of the Commission.

The Commission may develop its own procedures relating to its
general management.

5. Functions of the Commission.

• To exercise all the powers conferred on it by this Act.

• To advise the Minister with respect to disability
discrimination.

• Submit reports to the to the Parliament on the
implementation of the act.

• Takes steps to safeguard the rights and facilities made
available to persons with disability.

• To promote an understanding and acceptance of, and
compliance with, this Act.

• To undertake research and educational programmes for the
purpose of promoting the objects of this Act.

• To prepare, and to publish in such manner as the
Commission considers appropriate, guidelines for the avoidance of
discrimination on the ground of disability.

The Executive Chairman of the Commission shall co-ordinate the
work of the Commission and shall be responsible to the day to day running
of the Commission. The other members shall discharge of their functions
under the general superintendence of the Executive Chairman.

6. Commission to look in to complaints.

Without prejudice to the foregoing, the Commission may, of its
own motion or on the application of any aggrieved person, look in to
complaints with respect to matters relating to:

• deprivation of rights of persons with disability;
• non-implementation of laws, rules, bye-laws, regulations,
executive orders, guidelines, or instructions made or issued by relevant
authorities, institutions, corporate bodies and non-governmental
organizations for the welfare and protection of rights for persons with
disability;
• and take up the matter with the appropriate authorities
or bodies.

7. Commission to investigate.

For the purpose of discharging their functions of enquiries and
investigations under this act, the Commission shall have the same powers
as are vested in a court under the Courts of Judicature act in respect of
the following matters:

• Summoning and enforcing the attendance of witnesses;

• Requiring the discovery and production of any document;

• Requisitioning any public record or copy thereof from any
court or office;

• Receiving evidence on affidavit.



8. prosecution.

After due investigation, if in the opinion of the Commission
there is a violation of any provision of this act, the Commission may
teke up the matter to the relevant prosecuting authority for prosecution
purposes.


CHAPTER iv

OFFENCES.

(to be formulated in consultation with the Attorney-General office).



PREPARED BY,


(Mah Hassan Haji Omar)
Chairman
TWG On Legislation, NACCD.
President, Society of the Blind Malaysia.

Date: 16 September 2002
 

Original Draft of Persons with Disability Act    Summary of Act in English

Amendments proposed by SILA

Chinese Version         Summary of Chinese Version

Malay Version             RINGKASAN: Cadangan Akta Orang Kurang Upaya

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