CHAPTER 33:02
HANDICAPPED PERSONS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ADMINISTRATION

   3.   Establishment of Council

   4.   Composition of the Council

   5.   Secretary/Registrar and officers

   6.   Tenure of office of members

   7.   Remuneration of members of the Council

   8.   Proceedings of the Council

   9.   Non-liability of members of Council

   10.   Functions of the Council

   11.   Power of the Council

   12.   Authentication of the Common seal

   13.   Annual report

   14.   Exemption from taxes

   15.   Funds of the Council

   16.   Accounts

   17.   Appointment of auditors and audit of Council’s accounts

   18.   Duties of auditors

PART III
REGISTRATION

   19.   Registration of the handicapped

   20.   Registration of associations

   21.   Power to impose conditions

   22.   Inspection of institutions

   23.   Penalties for failing to register

PART IV
MISCELLANEOUS

   24.   Restrictions on seeking subscriptions, contributions or collections

   25.   Minister may make regulations

48 of 1971
9 of 1986

An Act to make provision for the improvement of the care, assistance and education of handicapped persons in Malawi; to establish a Council for the handicapped; to provide for the voluntary registration of handicapped persons; to provide for the registration, direction, control and regulation of associations whose objects include the welfare of the handicapped; and further to provide for matters incidental thereto and connected therewith

[1ST OCTOBER 1972]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Handicapped Persons Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   "association” has the meaning assigned to it by section 20;

   “authorized officer” means a medical practitioner and any other person authorized by the Minister for the purposes of this Act;

   “Chairman” means the Chairman of the Council appointed and designated pursuant to section 4;

   “Council” means the Malawi Council for the Handicapped established by section 3;

   “the handicapped” means those persons who, by reason of any defect or impairment of the mind, senses or body, congenital or acquired, are unable to take part in normal education, occupation and recreation, or who, by reason of any such defect or impairment, require special assistance or training to enable them to take part in normal education, occupation or recreation, and

   “handicap” shall be construed accordingly;

   “institution” means any land, buildings or other premises in which an association carries on work for the promotion of the welfare of the handicapped, and includes premises where the handicapped live and are cared for by any such association;

   “Minister” means the Minister for the time being responsible for the administration of this Act;

   “Vice-Chairman” means the Vice-Chairman of the Council elected pursuant to section 4.

PART II
ADMINISTRATION

3.   Establishment of Council

   There is hereby established a Council to be known as the Malawi Council for the Handicapped (hereinafter referred to as “the Council") which shall be a body corporate by that name with perpetual succession and common seal and shall be capable of suing and being sued, of acquiring, holding, letting and otherwise disposing of land and, subject to the provisions of this Act, of performing all such acts and things as a body corporate may by law perform.

4.   Composition of the Council

   (1) The Minister shall, by notice in the Gazette, appoint the members of the Council.

   (2) The Council shall consist of—

   (a)   one member designated by the Minister as Chairman;

   (b)   two independent members who shall be persons with wide and specialized knowledge in the field of the handicapped;

   (c)   five other members.

   (3) The Minister may appoint to the Council such additional members, not exceeding two, as he deems essential to the Council in the exercise of its functions and powers.

   (4) The Council shall, at its first meeting, elect one of its members to be Vice-Chairman of the Council for the period ensuing from the date of that meeting to the date of its first annual general meeting, and shall, at its first annual general meeting, and at each and every annual general meeting held thereafter, elect one of its members to be Vice-Chairman of the Council for the ensuing year.

5.   Secretary/ Registrar and officers

   (1) There shall be a Secretary to the Council who shall be appointed by the Minister, and who shall be the Registrar for all of the purposes of this Act.

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