Handicapped Persons Act
- Commenced on 1 October 1972
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Handicapped Persons Act.
2. InterpretationIn 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 CouncilThere 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
5. Secretary/ Registrar and officers
6. Tenure of office of members
7. Remuneration of members of the CouncilAny member of the Council who is not an officer in the public service shall be paid, out of the funds of the Council, such remuneration and allowances, if any, as the Minister may in his case fix.
8. Proceedings of the Council
9. Non-liability of members of CouncilNo member of the Council, or of any committee of the Council, shall be liable for any act or default of his, or of the Council, done in the exercise in good faith of the functions or powers of the Council.
10. Functions of the CouncilThe Council shall act as an agent of the Government and, in promoting the welfare of the handicapped, its functions shall be—
11. Powers of the CouncilThe Council shall have power—
12. Authentication of the common sealThe common seal of the Council shall be authenticated by the signature of the Chairman or of some other member of the Council authorized by the Chairman, in writing, in that behalf and such seal shall be officially and judicially noticed.
13. Annual report
14. Exemption from taxesThe Council shall be exempt from any tax on income, profits or capital gains.
15. Funds of the CouncilThe funds of the Council shall consist of—
16. AccountsThe Council shall keep or cause to be kept a full and correct account of all moneys and assets vested, received or otherwise obtained and all moneys expended and assets sold or otherwise disposed of by the Council.
17. Appointment of auditors and audit of Council’s accounts
18. Duties of auditorsIt shall be the duty of the auditors of the Council, in addition to the ordinary duties of auditors, to certify not less than once in each financial year whether or not—
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 registerIf at any time after three months after the commencement of this Act—
Part IV – Miscellaneous
24. Restrictions on seeking subscriptions, contributions or collections
25. Minister may make regulationsThe Minister may make regulations for the better administration and efficient working of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for—
History of this document
01 October 1972