Appendix I − Third Draft - Disabled Persons Law

According to Hr. F. Pletsch, ILO Adviser on Vocational Rehabilitation of the Disabled, the following is a draft legislation that was presented to the Government for consideration to replace/supplement the Disabled Persons Employment Act, 1958 (see Chapter IX − General, sub-section 26 hereunder):

THE LAW RELATING TO DISABLED PERSONS
THE THIRD DRAFT LAW
1982
D E C E M B E R
The Disabled Persons Law

Introduction

Whereas it is expedient to have an effective and comprehensive rehabilitation services for persons who become disabled due to various reasons, the Pyithu Hluttaw (Parliament) hereby promulgate the Disabled Persons Law. (Pyithu Hluttaw Law No. of 198 ) .

Chapter I Title, effective date and definition

1.(a) This law shall be known as Disabled Persons Law. (b) This law shall become into immediate effect

2. The following expressions contained in this law shall have the meanings given here under:

• Disabled persons mean persons who become perpetually disabled physically or mentally.
• In the expression disabled persons include:
  • those who are physically disabled
  • those who are blind
  • those who are deaf and dumb
  • those who ire disabled in communication with words or speech
  • those who are deficient in intellectual ability (mentally retarded)
  • persons suffering from a lingering or protracted illness
• Extremely disabled persons mean those who are badly incapacitated in earning their own livelihood.
• A disabled child means a disabled child who is under 12 years of age.
• A disabled youth means a boy who is disabled between the age of 12 years and 1 8 years,
• Disabled persons mean persons who are disabled and have attained the age of 18 years.
• Vocational Training School means a Vocational Training School run by respective Government Departments including such schools under the auspices of the Social Welfare Department.
• Workers mean persons who mainly earn a living on a wage or income gained by his or her own physical or mental capacity without exploiting other's services.

Chapter II
Formation

3. The Council of State may form a National Disabled Persons Board to oversee the implementation of the law.

4. In order to be able to carry out the works of the Board effectively and efficiently suitable worker groups may be formed.

Chapter III
Prevention

5. In order to prevent disability the Board mentioned in section 3, may draw up work-plans' and execute them accordingly.

Chapter IV
Registration

6. Congenital disability or becoming disabled at any age for various reasons shall be registered by the disabled person himself or by his parents or guardian stating the nature of the disability.

7. A disabled person is to be registered only once at a locality and can hold only one Disabled Persons Registration Card.

Chapter V
Medical Rehabilitation

8. The disabled person shall have the right of medical rehabilitation.

9. The Departments concerned shall endeavor for the procurement of prosthesis for the disabled persons.

10. Prosthesis for the disabled persons may be made available with'-special rates.

Chapter VI
Vocational Training and Right to Education

11. Social Welfare Department shall provide training schools and teaching programmes for disabled children who cannot attend and study at ordinary (regular) schools.

12. The Ministry of Social Welfare may open vocational training schools and practical training centers for adult disabled persons.

13. The Ministry of Education shall make provisions at normal schools and vocational training schools to enable disabled persons to attend them.

14. A disabled person may have the right to at-tend and learn as an apprentice at a workshop, factory and work center according to his skill and capacity.

15. workshop, factories and departments shall appoint disabled persons who have gained certificates from the Vocational Training Schools.

Chapter VII
Help to be given on Humanitarian Grounds

16. Arrangements shall be made for the disabled to travel in public conveyance with ease.

17. Special rates shall be prescribed for the benefit of disabled persons when traveling.

18. Exemption from profit tax and tax on goods produced by Disabled Persons Producer Cooperatives or producer workshops owned by the Disabled Persons.

Chapter VIII
Right to work

19. If worker's disability does not effect the performance of his original work he must be re-assigned to it after undergoing a medical treatment.

20. A worker who either becomes disabled during his work-hours or contracts disease and becomes sick as prescribed in the Workmen's Compensation Act, and if his disability prevents him to be assigned to the original duty, he shall have the right to be transferred to a suitable section of the workshop and continue his employment.

Note: Reply from the Burma Armed Forces regarding supplement to sections 19 and 20 is being awaited.

21. Workers though disabled are able to perform their original duties, there shall be no restriction to promote them to higher posts.

22. For the livelihood of the disabled persons, Producer Cooperative Societies may be established under the supervision of the Township People's Councils.

23. Whenever Government Departments are in need of goods preference to purchase the products of the Disabled Producer Cooperative Societies or Collective Workshops may be given and encouraged.

24. Regarding the sale of raw-materials preference may be given to the disabled persons Producer Cooperative Societies or Collective Workshops whenever possible.

25. For those who are extremely disabled, the Social Welfare Department may establish suitable after care homes for them.

Chapter IX
General

26. The Social Welfare Department in conjunction with the Health Department may establish guidance centers for the disabled persons.

27. For the successful and effective -implementation of this law, the cabinet may issue rules, regulations and procedures.

The cabinet may ratify the ILO convention and recommendation on the rehabilitation of disabled persons 1983.

26. The 1958 Disabled Persons Employment Act is repealed by this law.

"Employment of Disabled Persons Act − 1958" (Act No. 33 of 1958)

It is hereby enacted as follows: Chapter I

1. (1) This Act may be called "Employment of Disabled Persons Act - 1958".

(2) This Act may come into force on the day or the days fixed by The President of the Union by notification in the official Gazette. Moreover The President of the Union may declared separately the place and the date or the effective-date of any provision in this Act that may come into force.

2. In this Act, unless there is anything repugnant in the subject or context:

• "Disabled Person" means anybody who has attained the age of 16, and had he not suffered injury, disease or congenital deformation he would be able to obtain a job or to do a work or to do his private work that suits his age, qualification and efficiency. But due to his injury, disease or congenital deformation he is experiencing considerable difficulties to obtain a job or to do a work or to do his private work. The term "Disablement" must be interpreted in accordance with this clause.
• "Disease" includes physical condition and mental condition that arise from physical retard or impairment.
• "Board" means "The Board for Normalization and Employment of Disabled Persons" constituted by The President of the Union in accordance with the Section 3 of this Act.
• "Normalization" means actions taken for the benefits of Disabled Persons and prevention of Disability so that the person may again take active part in social activities.
• "Normalization by medical treatment" means medical treatment given to disabled persons with the aim to improve their remaining efficiency or to be able to work in ordinary industrial works as daily workers.
• "Vocational Training" means training of disabled persons so that they may be able to do as wages earners or to do their private work.
• "Registered List" means List of Disabled Persons, except those who were mentally retarded, maintained by the Board.
• "Employer" means the one who employed more than twenty persons in, any business or industry or in part of the business or at the branch of the business. The term shall also included the Government Departments and Local Bodies, Boards, Corporations or Councils constituted by the Government in accordance with any existing Law in force.
• "Prescribed" means prescribed by rules or regulations made under this Act.

Chapter II Constitution of The Board

3. (1) The Board named as the "The Board for the Normalization and Employment of Disabled Persons" shall be constituted with the following personnel:

• Minister for Social and Religious Affairs, (Chairman).
• Secretary, Social and Religious Affairs Ministry
• Director, Social Welfare Department, (Secretary).
• Secretary, Ministry of Industry.
• Secretary, Ministry of Health
• Secretary, Ministry of Labour
• Secretary, Ministry of Education
• Secretary, Ministry of Defense
• Hon Secretary, Social Planning Commission
• Manager, Social Security Board
• Manager, Vocational Training School for Disabled War Veterans
• A representative from Burma War Veteran Association
• Four persons appointed by the Government.

(2) The Board is the central body which will advise the Government on Policies concerning Normalization of Disabled Persons.

(3) The Board has the right to have its own official seal and continuous function. The Board has the right to possess movable properties and immovable properties and has right to make agreements and Sign contracts. The Board has the right to sue legal proceedings and be sued.

(4) Remuneration and allowances as prescribed by-The-President of the Union shall be paid to the members of the Board who were not Government officials.

(5) Life of the members of the Board, who were not Government officials will be two years.

(6) The President of the Union may terminate the life of any Non-Governmental Officials at any time.

Chapter III

To attain Normalcy by medical treatment and opportunities concerning vocational training

(1) The Board may plan or may arrange opportunities for medical treatment to attain normalcy and vocational training for disabled persons except mentally retarded persons.

(2) The Board may constitute any Department or organization by notification to carry out the matters as prescribed in sub-section (1).

(3) The President of the Union may constitute any Department or organization with the aim to give medical treatment to physically retarded children and mentally retarded persons to attain normalcy and to give vocational training.

Chapter IV

Plans for employment of Registered Disabled Persons and to be able to do private works

(1) The Board shall maintain a Registered List of disabled persons except mentally retarded persons.

(2) The form of the Register, the procedures for entries made in the Register, alterations made in the Register and deletion of entries may be made according to the decisions of the Board.

(3) Anyone whose name is in the Registered List may be referred to as "the one who is experiencing a bad condition in comparing with other normal persons and because of his disability he is being registered".

(4) The Board may prescribe regulations-in accordance with the rules made by this Act, which laid down the procedures to prove the facts a person's name is entered in the Register. In these regulations without affecting the general objective of this power, will consist of regulations concerning the producing evidences, keeping these evidence in custody, uses of these evidences and return of these evidences.

6, (1) The Board may prescribed regulations in accordance with the rules made by this Act which laid down the procedures for entering one's name in the Register, under what facts his name is to be Registered or not to be Registered; and may prescribed regulations which laid down procedures and rules concerning to keep the said name in the Register.

(2) Anyone who wishes that his name be entered in the Register shall put up an application in accordance with the rules and regulations prescribed for this matter.

(3) If the Board satisfied;

• that the applicant is a disabled person,
• that his disability may continue to exist for six months or more than six months from the date on which his name is entered in the Register,
• that it is in accordance with any regulation prescribed regarding entry of names in the Register which is related to him,
• that the applicant is not barred by any regulation which prescribed facts that prohibit the registration of the name of the applicant, his name shall be entered in the Register,

Chapter VI Management

15. The Board if it thinks at anytime, that it can not provide vocational trainings and medical treatments needed for normalization of disabled persons shall select the persons who wish to take medical treatment and vocational training to attain normalcy at its own discretion. In making such selection, those included in the following categories shall be given preferences:

• Those who have served full time in Burma Army before and during World War II.
• Those who have served full time in Burma Independence Army (B.I.A.) or Burma National Army (B.N.A.) or Patriotic Burma Forces (P.B.F.) during World War II.
• Those who have served full time in Union of Burma Navy, Army or Air Force.

16. The President of the Union may appoint officers and staffs to carry out the matters as prescribed in this Act. Furthermore the President of the Union instead of appointing officers and staff or in addition to appointing officers and staffs, may make arrangements with any Government Department so that its officers and staffs to carry out matters as provided in this Act.

17. If the one who has committed against any provision of this Act .is a company or Partnership Firm or other legal organizations, the Director or the Manager or the Secretary or the Officer in Partnership or an agent or an implied agent, unless he can prove that the commitment has been done without his agreement, that not due to his negligence, that he has used his reasonable effort to prevent the commitment, he shall be held as the one who has committed the crime.

18. The President of the Union may, by notification, prescribe rules so that the provisions in this Act shall be effective and enforceable. These rules shall be come into force as law.