Asia
Pacific Country Laws and Policies:
The Protection and Welfare of the Disabled
Persons Rules 2051 (1994)
The exercise of the powers conferred by Section 24 of the
Protection and Welfare of the Disabled Persons act,2039 (1982), His
Majesty’s Government has framed the following rules:
1. Short title Commencement:
1. These Rules shall be cited as “the protection and Welfare
of the Disabled persons Rules”, 2051 (1994)”
2. These Rules shall commence at once.
2. Definitions:
Unless the subject or context otherwise provides in these rules:
a. “Act” means the Protection and Welfare of the Disabled
Persons Rules.2039 (1982).
b. “Board of Directors” means the Board of Directors of
the disabled person home constituted under Rule 11 for the operation
of the disabled person home.
c. “Ministry” means the Ministry of Education, Culture
and Social Welfare.
3. Disability Determination Committee:
1. In case where any doctor has not been designated for the definition
of disabled persons and determination of disability under sub-section
2,of section 3 of the Act, the Ministry may fot he purpose of the
said sub-section constitute a Disability Determination Committee consisting
in maximum of seven members comprising of the organizations, associations,
doctors and experts related with the disabled person welfare. The
name of the chairman, member and their term of office shall be as
prescribed at the time when the committee is constituted.
2. The committee shall itself set the procedure with respect to the
meeting of the committee constituted under sub-rule 1.
4. To maintain Inventory:
1. A Village Development Committee or Municipality shall maintain
up to date inventory of the disabled persons within its own area.
2. The Social welfare Officer shall, through the concerned Village
Development Committee or Municipality and with the help also of the
associations, organizations relating to the disabled persons welfare
engaged in local level, prepare the records according to the nature
and type of the disabled persons and mandatorily send a copy thereof
to the Ministry; and the Ministry shall on the basis also of the records
prepare and keep the national record according to the nature and type
of the disabled persons in the Kingdom of Nepal.
3. The Central Bureau of Statistics shall so set out an inventory
of disabled persons as is to clearly reflect in the National census.
5. Identity card may be granted:
The Social welfare Officer may for the purpose of providing facilities
to the disabled
persons under the Act and these Rules grant identity card in a format
as prescribed.
6. Functions, duties and Powers of the Social Welfare Officer:
To formulate district level plan and program with respect to the
protection of the interest of the disabled persons and the disabled
persons welfare and submit it to the Ministry for approval.
a. To carry out or cause to be carried out the directions of the Ministry.
b. To evaluate the implemented condition of an approved program and
forward the progress details to the Ministry.
c. To explore necessary sources for the protection of the interests
of and welfare of the disabled persons in the district and mobilize
the availability sources to a maximum extent.
d. To carry out or cause to be carried out such other functions as
are prescribed by the Ministry.
7. Terms of service and facilities of the Social Welfare Officer:
The remuneration, term of service and facilities of the social welfare
officer shall be
as prescribed by the Ministry.
8. Establishment and Operation of disabled person home:
1. His Majesty’s Government may as per necessity establish
the disabled person home in various areas of the kingdom of Nepal.
2. His Majesty’s Government may utilize even a disabled person
home operated by any other person or association until the disabled
person house is established under sub-rule 1.
3. In case the Social Welfare Officer or police personnel shall himself
find any aged or helpless disabled person or any other person shall
come to hand over the disabled person, he shall record the details
including three generation, if possible, name, surname, address, photograph
and any special marks on the body, of such disabled person as well
as the thumb impression of such disabled person and hand over such
disabled person to the nearby disabled person home shall also receive
the disabled person.
4. The chief of a disabled person home shall keep the aged or helpless
disabled person separately of the basis of sex.
5. The Social welfare Officer, chief of a disabled person home or
the police office may, for the purpose of finding out the father,
mother , relative or guardian of an unclaimed helpless disabled person,
publish a notice along with the identification mark and photograph
of such disabled person in any news paper or get it broadcast through
other means of communication.
9. Chief of Disabled person home:
1. His Majesty’s Government may appoint or designate any person
as the chief of a disabled person home to act as the chief of the
disabled person home established under the Rules.
2. The remuneration, terms of service and the facilities of the chief
of the disabled person home appointed or designated under sub rule
1 shall be as prescribed by the Ministry.
10. Functions, duties and power of the chief of disabled person
home:
The functions, duties and powers of the chief of the disabled person
home shall be as follows:
a. To assist the Board of Directors to formulate
the long term policy and plan of the disabled person home.
b. To prepare annual program and budget of the disabled person home
according to the approved policy and plan and submit oit to the Board
of Directors for approval.
c. To implement or cause to be implemented the decision and directives
of the Board of Directors.
d. To carry out or cause to be carried out the day to day business
of the disabled person home and supervise it.
e. To or cause to monitor and evaluate the programs of the disabled
person home and submit the progress details to the meeting of Board
of Directors.
f. To deal the financial transaction of the disabled person home and
cause to be maintain the account thereof correctly.
g. To carry out or cause to be carried out such other functions as
are delegated and directed by the Board of Directors.
11. Constitution of the Board of Directors:
1. The Ministry shall in order to operate the disabled person home
constitute a Disabled Person Home Board of Directors consisting a
maximum of seven members including the members from amongst the local
social workers, woman social workers, doctors and teachers.
2. The functions duties of the chairman member and secretary of the
Board of Directors and their tenure shall be as prescribed by the
ministry at the time of constitution of the Board.
12. Functions, duties and powers of the Board of Directors:
The functions, duties and powers of the Board of Directors shall
be as follows;
a. To formulate the long term policy and program of the disabled person
home and submit them to the Ministry through the Social Welfare Officer
for approval.
b. To prepare and approve annual program according to the approved
policy and plan to explore necessary resources for its operation and
mobilize the available resources.
c. To make or cause to be made appropriate arrangements with respect
to the facilities including lodging, fooding and clothing as well
and others to the aged disabeld person and helpless ones staying in
the disabled person home.
d. To arrange or to cause to be arranged extra activities including
entertainment and cultural programs for the physical and mental development
of the aged helpless disabled person.
e. To or cause to review as well as evaluate the working progress
of the disabled person home.
f. To make arrangements for the regular health examination and medical
treatment, as per necessity of the aged or helpless disabled persons.
g. To abide by or cause to be abided by the recommendations and directios
made/given by the Ministry or the Social Welfare Officer in regard
to the operation of the disabled person home.
13. Procedures with respect to meeting:
The procedures with respect to the meetings of the Board of Directors
shall be as set by the Board of Directors itself.
14. His Majesty’s Government to provide assistance:
His Majesty’s Government may provide necessary assistance to
the organizations/associations or the disabled persons homes, involved
in the disabled person welfare act, operated in non-governmental we
well as private level.
15. Arrangements for education and training:
1. In case any association operated in non-governmental or private
level is to arrange education as well as training to the disabled
persons, the Ministry may provide necessary assistance to such associations.
2. The ministry shall make arrangements for free education upto two
descendants of a disabled person.
3. The ministry may establish and operate the schools providing special
education in a required number in the kingdom of Nepal to provide
education to such disabled persons according to the nature and type
of the disability.
4. The provisions with respect to the operation of the schools established
under sub-rule 3 and the remuneration, terms of service and facilities
of the teachers and staff working in such schools shall be as provided
for the Education rule 2049 (1992)
5. In case the technical and vocational trainings to be provided by
His Majesty’s Government and any corporate body under full or
majority ownership of His Majesty’s Government shall be useful
for the disabled person, five percent seats be reserved for them in
such training and no fees in any form shall be collected from the
disabled persons for such training.
16. Provisions with respect to medical treatment:
1. The health of the disabled person shall be checked up fee of cost
in the hospitals within the kingdom of Nepal.
2. There shall be arranged at least two seats free of cost in the
Government hospitals having more than fifty beds within the kingdom
of Nepal, for the treatment of the disabled persons.
3. Arrangements may be made for the free medical treatment of the
aged disabled persons above the age of 65 years and helpless disabled
persons in the government hospital within the kingdom of Nepal.
4. In case any non-government hospital shall arrange with obtaining
prior approval of his Majesty’s Government, for free health
check-up, free beds or medical treatment to the disabled persons the
Ministry may provide necessary assistance to such hospitals.
17. To give priority to the disabled persons in work:
1. His Majesty’s Government and corporate bodies under full
or majority ownership of His Majesty’s Government shall give
priority to the disabled persons in such works as are conducive to
the education, training and physical condition of the disabled persons.
2. No discrimination in any form between the disabled employees and
other employees working in His Majesty’s Government and corporate
body under full or majority ownership of His Majesty’s Government
shall subject to the Act ,be made with respect to remuneration, facilities
and other terms of services.
18. Exemption from Income tax:
1. A factory providing employment to the disabled persons shall
be fully exempted, by following the process of the prevailing law,
from income tax on the amount of remuneration, allowances or any other
facilities or concessions provided by the factory to the disabled
persons.
2. The sum of expenses incurred by any factory for the special replace
made or for the spare-parts fitted in the machinery of the factory
in order to appoint the disabled person, shall be fully exempted from
income tax by following the process of the prevailing law.
19.Provision of disabled person device fund:
1. His Majesty’s Government may establish a disabled person
service fund for the
education ,training, health treatment and rehabilitation of the disabled
persons, and the fund shall comprise of the amounts as mentioned below:
a. Amounts received from His Majesty’s Government
b. Amounts of donation, gift, assistance etc. received.
2.The amounts
collected in the name of the disabled person service fund shall be
deposited in an account which shall be opened with any bank within
the kingdom
of Nepal.
3. The operation of the accounts of the disabled person service fund
and other
provisions relating thereto shall be as prescribed by the Ministry.
20. Legal Facility:
In case of any disabled person wishes to have legal facility of any
type in the course of the hearing of a case/suit, he shall be provided
with necessary legal facility through stipendiary lawyer appointed
by His Majesty’s Government.
21. Terms/restrictions for the use of the land:
The land to be made available to the disabled person for the purpose
of housing or agriculture under sub-section 1 or section 10 of the
Act ,may be made available on the terms that the land shall not be
sold or disposed.
22. Delegation of powers:
The ministry may delegate all or any of the powers conferred on it
under these rules to any association, organization established under
the prevailing law or to a body office bearer under it. |
