LEGAL SUPPLEMENT 1

to the Government Gazette of Mauritius No. 39 of 25 April 2024

THE PROTECTION AND PROMOTION OF THE RIGHTS

OF PERSONS WITH DISABILITIES ACT 2024

Act No. 1 of 2024

I assent

PRITHVIRAJSING ROOPUN, G.C.S.K.

25 April 2024
th
President of the Republic of Mauritius

_______________

ARRANGEMENT OF SECTIONS
Section
PART I – PRELIMINARY
1. Short title
2. Interpretation
3. Application of Act
4. Independent Monitoring Mechanism
PART II – PROHIBITION FROM DISCRIMINATION AND ABUSIVE
TREATMENT
5. Prohibition from discrimination
6. Prohibition from abusive treatment
7. Research, medical and scientific experimentation
PART III – PROTECTION AND PROMOTION OF RIGHTS OF PERSONS
WITH DISABILITIES
8. Training and education
9. Employment
10. Protection and safety in situation of risks
2 Acts 2024

11. Habilitation and rehabilitation

12. Statistics and data collection
13. International cooperation
14. Obligations to ensure the continued protection and promotion of rights of persons
with disabilities
PART IV – EMPOWERMENT UNIT
Sub-Part A – Establishment of Empowerment Unit
15. The Unit
16. Objects of Unit
17. Functions and powers of Unit
Sub-Part B – Administration of Unit
18. Staff of Unit
Sub-Part C – Disability Rights Watch
19. Disability Rights Watch
Sub-Part D – Protection from Acts of Abuse
20. Duty to report acts of abuse
21. Powers of entry of officers of Unit
22. Police assistance
23. Protection order
24. Appeal against protection order
PART V – NATIONAL EMPOWERMENT AUTHORITY
Sub-Part A – The Authority
25. Establishment of Authority
26. Objects of Authority
27. Functions of Authority
28. Powers of Authority
Sub-Part B – Board of Authority
29. The Board
30. Meetings of Board
31. Committees of Board
32. Hearing Committee
 Acts 2024 3

33. Appeal
34. Powers of Minister
Sub-Part C – Staff of Authority
35. Chief Executive Officer
36. Appointment of officers of Authority
Sub-Part D – Registration of Organisations
37. Application for registration
38. Inspection of registered organisations
PART VI – EMPLOYMENT OF PERSONS WITH DISABILITIES
Sub-Part A – Employment of Persons With Disabilities
39. Duty to employ persons with disabilities
40. Duty to provide suitable employment
Sub-Part B – Fiscal Incentives for Employing Persons with Disabilities
41. Deduction from gross income by employer
42. Deduction to charitable institution
43. Prime à l’Emploi Scheme
44. Other fiscal incentives
Sub-Part C – Registers
45. Establishment of registers
46. Register of persons with disabilities
47. Register of employers employing persons with disabilities
PART VII – MISCELLANEOUS
48. General Fund
49. Income and expenditure
50. Annual report
51. Donations and exemptions
52. Execution of documents
53. Confidentiality
54. Legal proceedings
55. Protection from liability
56. Offences and jurisdiction
4 Acts 2024

57. Regulations
58. Repeal
59. Consequential amendments
60. Saving and transitional provisions
61. Commencement
SCHEDULE
_______________

An Act
To make provisions for the protection and promotion of the
rights of persons with disabilities, and to provide for better
measures to eliminate discrimination against them

ENACTED by the Parliament of Mauritius, as follows –

PART I – PRELIMINARY
1. Short title

This Act may be cited as the Protection and Promotion of the Rights
of Persons with Disabilities Act 2024.

2. Interpretation

In this Act –
“abuse” includes –
(a) physical, sexual, psychological, emotional, financial or moral
abuse; and
(b) using derogatory words, gestures or caricatures that demean,
humiliate or insult a person with disability;
“act of abuse” means an act or omission referred to in section 6(1);

“Authority” means the National Empowerment Authority

established under section 25;
 Acts 2024 5

“benefit” means any benefit provided by the State to a person with

disability;

“Board” means the Board referred to in section 29;

“Chairperson” means the Chairperson of the Board appointed as

such under section 29(1)(a);

“Chief Executive Officer” means the Chief Executive Officer of the

Authority referred to in section 35;

“Convention” means the United Nations Convention on the Rights

of Persons with Disabilities;

“Court” means –
(a) in the Island of Mauritius, the District Court of the district in
which a person with disability resides; or
(b) in Rodrigues, the Magistrate for Rodrigues;
“disability” means a long-term physical, mental, intellectual or
sensory impairment of a person which substantially hinders his
ability to carry out normal day to day activities;
“Disability Rights Watch” means a Disability Rights Watch referred
to in section 19;
“disaster” has the same meaning as in the National Disaster Risk
Reduction and Management Act;

“discriminate” means –
(a) treating a person with disability less favourably than a person
without disability;
(b) treating a person with one type of disability less favourably
than a person with another type of disability;
(c) requiring a person with disability to comply with a requirement
or condition which would give a person without disability an
advantage; or
6 Acts 2024

(d) any other distinction, exclusion or restriction on the basis of

disability which has the purpose and effect of impairing or
nullifying the recognition of a person with disability;
“employer” –
(a) means any person who has in his regular employment one or
more persons; and
(b) includes the State, a local authority and a statutory body;

“exploitation” includes –
(a) all forms of slavery or practices similar to slavery;
(b) sexual exploitation;
(c) forced labour;
(d) child labour, in respect of a child with disability under the age
of 16; or
(e) the illegal removal of body organs;
“financial year” has the same meaning as in the Finance and
Audit Act;

“free communication” means sign languages, display of texts,

Braille, tactile communications, large prints, or any alternative
mode, means or form of communication that allows persons with
disabilities to interact in society;

“Hearing Committee” means the committee referred to in section 32;

“impairment” means any loss or limitation of psychological,

physiological or anatomical structure or function;

“intellectual impairment” means the limitation in cognitive

functioning and skills of a person, including communication, social
and self-care skills, which results in reduced ability to understand
new or complex information, to learn and apply new skills and to be
able to cope independently;
 Acts 2024 7

“member” –
(a) means a member of the Board; and
(b) includes the Chairperson;
“Minister” means the Minister to whom responsibility for the
protection and promotion of the rights of persons with disabilities
is assigned;
“Ministry” means the Ministry responsible for the protection and
promotion of the rights of persons with disabilities;
“officer of the Authority” –
(a) means an officer of the Authority; and
(b) includes the Chief Executive Officer;
“officer of the Unit” –
(a) means an officer of the Empowerment Unit; and
(b) includes the Head of the Empowerment Unit;
“person with disability” means a person who has one or more
disabilities;
“place of safety” includes a foster home, residential care institution,
charitable institution, hospital and such other place as the Authority
may designate;
“protection order” means an order issued under section 23;
“reasonable accommodation” means necessary and appropriate
modification and adjustments to the workplace, but not imposing
a disproportionate or undue burden on the employer, to ensure to
persons with disabilities the enjoyment or exercise on an equal basis
with others of all human rights and fundamental freedoms;
“Special Education Needs Authority” has the same meaning as in
the Special Education Needs Authority Act;
8 Acts 2024

“supervising officer” means the supervising officer of the Ministry;

“Unit” means the Empowerment Unit referred to in section 15.
3. Application of Act
(1) This Act shall bind the State.
(2) This Act shall be in addition to, and not in derogation from,
the Data Protection Act, the Equal Opportunities Act, the Mental Health
Care Act and the Workers’ Rights Act 2019.
(3) Every Government department, local authority and statutory
body shall take into account the protection and promotion of the rights of
persons with disabilities in all their policies and programmes.
(4) The State shall take reasonable measures within its available
resources to achieve the progressive realisation of the rights of persons
with disabilities.
(5) Part VI shall be in addition to, and not in derogation from, the
Income Tax Act.
4. Independent Monitoring Mechanism
(1) There shall be, within the Ministry, an Independent
Monitoring Mechanism which shall be responsible to promote and monitor
the implementation of the Convention.
(2) The Independent Monitoring Mechanism shall consist of –
(a) a representative of the Ministry, as chairperson;
(b) a representative of the Human Rights Division of the
Ministry responsible for the subject of foreign affairs;
(c) a representative of the Authority;
(d) 4 representatives of organisations providing support to
persons with disabilities, each having a different type
of disability, to be appointed by the Minister.
 Acts 2024 9

(3) The Independent Monitoring Mechanism may co-opt any

other person who may be of assistance in relation to the promotion and
monitoring of the implementation of the Convention.

(4) The Independent Monitoring Mechanism shall conduct its

meetings in such manner as it may determine.
PART II – PROHIBITION FROM DISCRIMINATION
AND ABUSIVE TREATMENT

5. Prohibition from discrimination

(1) No person shall discriminate against another person on the
basis of his disability.
(2) Any person who contravenes subsection (1) shall commit
an offence and shall, on conviction, be liable to a fine not exceeding
200,000 rupees and to imprisonment for a term not exceeding 5 years.
6. Prohibition from abusive treatment
(1) Any person who –
(a) subjects a person with disability to degrading treatment
or ill-treatment, whether physical or verbal;
(b) subjects a person with disability to prolonged mental or
emotional harassment;
(c) intentionally causes pecuniary loss or material prejudice
to a person with disability;
(d) subjects a person with disability to violent treatment;
(e) fails to provide a person with disability under his
care with adequate food, medical attention, shelter or
clothing;
(f) subjects a person with disability to any form of
exploitation; or
(g) otherwise neglects a person with disability,
shall commit an act of abuse.
10 Acts 2024

(2) Any person who commits an act of abuse shall commit

an offence and shall, on conviction, be liable to a fine not exceeding
200,000 rupees and to imprisonment for a term not exceeding 5 years.

7. Research, medical and scientific experimentation

(1) Notwithstanding any other enactment, no person with

disability shall be subjected to any research, medical or scientific
experimentation without his free and informed consent obtained in writing
or through accessible modes of free communication.

(2) Any person who contravenes subsection (1) shall commit

an offence and shall, on conviction, be liable to a fine not exceeding
200,000 rupees and to imprisonment for a term not exceeding 5 years.

PART III – PROTECTION AND PROMOTION OF RIGHTS

OF PERSONS WITH DISABILITIES

8. Training and education

(1) Every manager or owner of an educational or a training

institution shall take into account the special education needs of a person
with disability when admitting that person as a student in his institution.

(2) Every person who owns or establishes a special education

needs school for persons with disabilities shall provide adequate facilities
for such purposes.

(3) An admission as a student to a special education needs school

shall be for a transitional period except where it is otherwise determined by
the Special Education Needs Authority.

9. Employment

(1) No employer shall discriminate against a person with disability

in any matter relating to employment, remuneration and conditions of
employment, including but not limited to recruitment, promotion, rights to
labour and trade union activities.
 Acts 2024 11

(2) An employer shall redeploy an employee who is no longer

capable of performing the duties required in the course of his employment
due to a disability provided that there is no disproportionate or undue
burden to the employer.

(3) Where an employer redeploys an employee under

subsection (2), the employer shall redeploy the employee to a position or
an existing vacancy which –
(a) is commensurate with the current skills and abilities of
the employee;
(b) does not result in loss in remuneration and benefits to
the employee; and
(c) which is closest to the graded post previously held by
the employee.

(4) Notwithstanding any other enactment, no redeployment under

this section shall be considered as constructive dismissal by an employer.

(5) (a) No agreement shall be terminated by an employer by

reason of an employee’s performance as a result of an injury sustained
out of, and in the course of, work where the employee produces a medical
certificate from a medical practitioner registered under the Medical Council
Act certifying that he has not fully recovered from the injury.

(b) No employer shall reduce in rank an employee who

acquired a disability as a result of an injury sustained out of, and in the course
of, work unless it is established that it is not possible to accommodate the
employee to any other post or the employee is not in a position to continue
working after having been subject to such a disability.

(6) Every employer shall provide reasonable accommodation to

any employee who is a person with disability, unless the employer can
prove that the required adjustments would unduly prejudice the operation
of the trade or business run by such employer.
12 Acts 2024

(7) No employer shall dispense with, or reduce in rank, an

employee who acquired a disability during service unless it is established
that it is not possible to accommodate the employee to any other post or the
employee is not in a position to continue working after having been subject
to such a disability.

10. Protection and safety in situation of risks

(1) The Ministry shall maintain a record of persons with

disabilities in every district.

(2) The Ministry responsible for the subject of disaster

management shall take suitable measures to ensure the protection and
safety of persons with disabilities in situations of disasters.

11. Habilitation and rehabilitation

The Ministry and the Ministry responsible for the subject of health
shall take appropriate measures to –

(a) promote the physical, cognitive and psychological recovery,

rehabilitation and social reintegration of persons with
disabilities who become victims of any form of exploitation,
violence or abuse;
(b) enable persons with disabilities to attain and maintain
maximum independence, full physical, mental, social and
vocational ability, and full inclusion and participation in all
aspects of life based on a multidisciplinary assessment of the
individual person’s needs and strength;
(c) promote the development of initial and continuing training
for professional and staff working in habilitation and
rehabilitation services; and
(d) promote the availability, knowledge and use of assistive
devices and technologies, designed for persons with
disabilities, as they relate to habilitation and rehabilitation.
 Acts 2024 13

12. Statistics and data collection

Every Government department, local authority and statutory body
shall collect appropriate disaggregated information on persons with
disabilities and research data to formulate and implement policies.
13. International cooperation
Every Government department, local authority and statutory body
shall ensure that international cooperation, including any international
development programme, is accessible to persons with disabilities.
14. Obligations to ensure the continued protection and promotion of
rights of persons with disabilities
Notwithstanding the obligations specified in this Part, the persons or
bodies specified in the second column of the First Schedule shall have the
obligations set out in the third column of that Schedule.
PART IV – EMPOWERMENT UNIT
Sub-Part A – Establishment of Empowerment Unit

15. The Unit

There shall be, within the Ministry, a Unit to be known as the
Empowerment Unit.
16. Objects of Unit
The Unit shall –
(a) ensure that all persons with disabilities are entitled, without
discrimination, to the equal protection and benefits under
the Act;
(b) guarantee persons with disabilities equal and effective
protection against discrimination on all grounds and be
responsible for the coordination of all activities relating to the
implementation of the Convention, and other international
instruments to which Mauritius is a party;
14 Acts 2024

(c) in collaboration with organisations providing support to

persons with disabilities, the private sector and other relevant
stakeholders, be responsible for the protection and promotion
of the rights of persons with disabilities;
(d) be responsible for the conceptualisation and implementation
of disability policies, projects and programmes; and
(e) monitor, at national level, any administrative arrangement
to support coordination of the Government’s activities with
regard to persons with disabilities.
17. Functions and powers of Unit
The Unit shall, in the discharge of its functions and exercise of its
powers –
(a) take such appropriate measures as may be necessary to
provide protection and assistance to persons with disabilities;
(b) improve generally the social and economic status and
condition of persons with disabilities;
(c) provide support, counselling and guidance services to persons
with disabilities and their families, if need be;
(d) organise public awareness and sensitisation campaigns on
the rights of persons with disabilities and the need to provide
them with assistance and protection;
(e) assist in arranging for the admission of persons with disabilities
to places of safety, where required;
(f) apply to the Court for a protection order where there is a real
danger to, or threat on, the life of a person with disability;
(g) where necessary, assist, in case a person with disability is a child
and is a victim of violence, the Ministry responsible for the
subject of child development in the discharge of its functions
and exercise of its powers under the Children’s Act 2020;
(h) where necessary, assist, in case a person with disability is an
elderly person and is a victim of violence, the Elderly Persons’
Protection Unit in the discharge of its functions and exercise
of its powers under the Protection of Elderly Persons Act;
 Acts 2024 15

(i) where necessary, assist, in case a person with disability is a

victim of domestic violence, the Ministry responsible for the
subject of family welfare in the discharge of its functions and
exercise of its powers under the Protection from Domestic
Violence Act;
(j) advise the Minister on any matter with regard to persons with
disabilities; and
(k) do such other things as may be necessary to attain its objects.

Sub-Part B – Administration of Unit

18. Staff of Unit

(1) There shall be a Head of the Unit, who shall be a public

officer.

(2) The Unit shall comprise other public officers to be known as

the Empowerment Officers, who shall assist the Head of the Unit in the
discharge of his functions and exercise of his powers under this Act.

(3) The officers of the Unit shall be under the administrative

control of the supervising officer.

Sub-Part C – Disability Rights Watch

19. Disability Rights Watch

(1) There shall be, in such part of Mauritius as the Minister may
determine, a Disability Rights Watch.

(2) The functions of a Disability Rights Watch shall be to –

(a) promote the empowerment of persons with disabilities;
(b) provide support to families that need protection and
assistance for persons with disabilities;
(c) endeavour to prevent acts of abuse on persons with
disabilities;
16 Acts 2024

(d) identify persons with disabilities, who are subject to

acts of abuse and report those cases to the Unit or the
Police; and
(e) provide psychological support to persons with
disabilities who are subject to acts of abuse and carry
out mediation exercise with their families and the
community.
(3) Every Disability Rights Watch shall consist of such persons
working for the protection and promotion of the rights of persons with
disabilities as the Minister may approve.
(4) Every member of a Disability Rights Watch shall be paid such
fee as the Minister may approve.
Sub-Part D – Protection from Acts of Abuse

20. Duty to report acts of abuse

(1) Where a person has reasonable ground to believe that an act
of abuse has been, is being, or is likely to be, committed against a person
with disability, he shall forthwith report the matter to the Unit or nearest
police station.
(2) Where an officer of the Unit has reasonable ground to believe
that an act of abuse has been, is being, or is likely to be, committed against
a person with disability, he shall –
(a) forthwith report the matter to the nearest police station;
(b) forthwith arrange for the person to consult such suitable
person for counselling or such other support as, in the
circumstances, may be required;
(c) issue a summons, in such form as may be prescribed, to
any person to –
(i) attend such place at such time as he may direct; and
(ii) provide such written or oral information as may
be necessary; and
 Acts 2024 17

(d) depending on the nature of the case, apply for a

protection order, if need be, under section 23.
21. Powers of entry of officers of Unit
(1) Subject to subsection (2), an officer of the Unit may, for
the purpose of discharging any of the functions of the Unit, enter, at any
reasonable time, any premises and make inspections, seek information,
examine records and make copies of them.
(2) (a) A District Magistrate may, upon an affidavit sworn by
an officer of the Unit to the effect that he has reasonable ground to believe
that an act of abuse has been, is being, or is likely to be, committed against
a person with disability, issue a warrant authorising the officer to enter
such premises as may be specified in the warrant for any of the purposes
specified in subsection (1).
(b) A warrant issued under paragraph (a) shall be valid for
the period specified in the warrant.
(3) An officer of the Unit exercising his powers under
subsection (1) or (2) –
(a) shall, on demand, show his authority by producing
a card or other document signed by the supervising
officer and bearing the seal of the Ministry; and
(b) may be accompanied by a police officer.
22. Police assistance
(1) Where a police officer has reasonable grounds to believe that
a person with disability –
(a) has been, is being, or is likely to be, the victim of an
act of abuse, he shall forthwith intervene to assist in
preventing the person from being abused; and
(b) represents any danger to himself or to others, he shall
forthwith intervene to assist in preventing any danger
to himself or to others.
18 Acts 2024

(2) Notwithstanding any other enactment, a police officer may,

for the purpose of subsection (1) –
(a) enter, at any time, any place where the person with
disability is present;
(b) where it is urgent and in the best interests of the person
with disability –
(i) bring the person to a hospital for medical
examination; and
(ii) notify the Unit forthwith for any action deemed
fit and necessary.

23. Protection order

(1) Where the Court is satisfied by information on oath that

a person with disability, a family member or an officer of the Unit has
reasonable ground to believe that an act of abuse has been, is being, or is
likely to be, committed against a person with disability, the Court shall
issue a protection order restraining the respondent from engaging in any
conduct which may constitute an act of abuse.

(2) The information on oath referred to in subsection (1) and the

protection order shall be in such form as may be prescribed.

(3) On an application being made for a protection order, the

Court shall cause notice of the application to be served on the respondent
requiring him to appear before the Court on such day as may be specified
in the notice, not being later than 7 days after the date of the application, to
show cause why the order applied for should not be made.

(4) An application for a protection order shall be heard as a civil

case between the parties.

(5) Where the Court is satisfied that there is a risk of harm being
caused to a person with disability before the application may be heard
and that the circumstances revealed in the application are such as to
 Acts 2024 19

warrant the intervention of the Court even before the respondent

is heard, the Court may –
(a) issue an interim protection order in such form as may
be prescribed, restraining the respondent from engaging
in any conduct which may constitute an act of abuse
and ordering him to be of good behaviour towards the
person with disability; and
(b) order the Commissioner of Police to provide police
protection to the person with disability until such time
as the interim order is served on the respondent or for
such time as the particular circumstances of the case
may justify.

(6) Where an interim protection order is issued, the Clerk of the

Court shall forthwith take steps to have a copy of the order served on the
respondent requiring him to appear before the Court on such day as may be
specified in the order to show cause why the order should not be confirmed,
varied or discharged.

(7) An interim protection order shall, unless the Court directs

otherwise, remain in force until such time as the Court makes a final
pronouncement on the application for the protection order.

(8) (a) Where a protection order is in force, either party

may apply to the Court for a variation or revocation of the order.

(b) The party applying for the variation or revocation

of the order shall cause a copy of the application to be served on the
other party.

(9) Where any person under subsection (1), except an officer of

the Unit, has applied for a protection order and the person with disability
has obtained a protection order, he shall forthwith inform the Unit who
shall be responsible for providing appropriate support and assistance to the
person with disability.
20 Acts 2024

24. Appeal against protection order

(1) Subject to subsection (2), an appeal shall lie to the Judge in
Chambers against any decision concerning a protection order in the same
way as an appeal lies from a decision of a District Court in the exercise of
its civil jurisdiction.
(2) Notwithstanding any other enactment, no appeal shall lie
against any decision concerning an interim protection order.
(3) An appeal against a protection order shall not have for effect
the suspension of its operation until the decision of the Judge in Chambers.

PART V – NATIONAL EMPOWERMENT AUTHORITY

Sub-Part A – The Authority

25. Establishment of Authority

(1) There is established, for the purposes of this Act, the National
Empowerment Authority.
(2) The Authority shall be a body corporate.
26. Objects of Authority
The Authority shall be responsible for –
(a) assisting and supporting persons with disabilities to reach and
maintain their optimal human potential;
(b) ensuring that the environment is barrier-free to enable persons
with disabilities to lead independent and meaningful lives;
(c) promoting and advocating for effective service delivery and
collaboration between service providers and persons with
disabilities;
(d) undertaking regular audits of general schemes and
programmes to ensure that they meet the requirements and
concerns of persons with disabilities and they do not have an
adverse impact upon them; and
 Acts 2024 21

(e) advising the Ministry on national policies and other matters

related to persons with disabilities.
27. Functions of Authority
The Authority shall have such functions as are necessary to further
its objects most effectively and may, in particular –
(a) do such things as is necessary to prevent, as provided under
section 5, discrimination against persons with disabilities
resulting from, or arising out of, their disabilities;
(b) facilitate the social integration of persons with disabilities in
mainstream society and ensure that they participate in society
and community life;
(c) (i) set the requirements and standards for organisations
that provide support to persons with disabilities
registered with the Authority; and
(ii) issue codes of conduct for the organisations registered
with the Authority;
(d) sensitise employers on the importance of employing persons
with disabilities and contribute to remove barriers on
prejudices with regard to the employment of such persons;
(e) encourage the establishment of appropriate centres and other
institutions for the training of persons with disabilities;
(f) operate and encourage schemes and projects for the training,
employment and empowerment of persons with disabilities;
(g) develop and implement measures to achieve equal
opportunities for persons with disabilities by ensuring, to
the maximum extent possible, that they obtain education
and employment, participate fully in sports, recreational and
cultural activities and are afforded full access to community
and social services;
(h) ensure that employers comply with such quota for the
employment of persons with disabilities as specified in the
Second Schedule;
22 Acts 2024

(i) register persons with disabilities and organisations that

provide support to persons with disabilities;
(j) promote public awareness on all aspects of disability by
combating stereotypes, prejudices and harmful practices
relating to persons with disabilities, highlighting abilities,
talents and contributions of persons with disabilities, fostering
an attitude of respect for the rights of persons with disabilities
and encouraging all organs of the media to portray persons
with disabilities in a manner consistent with the Act and the
Convention;
(k) set up centres for persons with disabilities; and
(l) perform such other functions, not inconsistent with this Act,
as the Minister may, in writing, direct.
28. Powers of Authority
The Authority shall have such powers as are necessary to attain its
objects and discharge its functions most effectively, and may –
(a) enter into any contract in accordance with the Public
Procurement Act;
(b) receive grants and donations, and raise funds; and
(c) do such other acts and things as may be necessary for the
purposes of this Act.
Sub-Part B – Board of Authority

29. The Board

(1) The Authority shall be administered by a Board which shall
consist of –
(a) a Chairperson, to be appointed by the Minister;
(b) a representative of the Ministry;
(c) a representative of the Ministry responsible for the
subject of education;
 Acts 2024 23

(d) a representative of the Ministry responsible for the

subject of finance;
(e) a representative of the Ministry responsible for the
subject of gender equality, child development and
family welfare;
(f) a representative of the Ministry responsible for the
subject of health;
(g) a representative of the Ministry responsible for the
subject of labour;
(h) a representative of the Ministry responsible for the
subject of land transport and light rail;
(i) a representative of the Ministry responsible for the
subject of public infrastructure;
(j) a representative of the Ministry responsible for the
subject of social integration;
(k) 4 persons with disabilities, 2 of whom shall be women,
to be appointed by the Minister;
(l) 2 persons from the private sector, to be appointed by
Minister.
(2) The Chairperson and the persons appointed under
subsection (1) –
(a) shall hold office for a period of 2 years; and
(b) may be eligible for reappointment for not more than
2 terms.
(3) Every member shall be paid such fee as the Minister may
approve.
(4) Where any person appointed under subsection (1) ceases to
hold office, the vacancy shall be filled by another person appointed by the
Minister, who shall hold office for the remainder of the term of office of
that member.
24 Acts 2024

(5) (a) The Board may co-opt any other person who may be of
assistance in relation to any matter before it.

(b) A person co-opted under paragraph (a) shall –

(i) not have the right to vote at a meeting of the
Board; and
(ii) be paid such fee as the Minister may approve.
(6) The Board shall designate an officer of the Authority to act as
Secretary to the Board who shall –
(a) prepare and attend every meeting of the Board;
(b) keep minutes of proceedings of every meeting of the
Board; and
(c) have such other duties as may be conferred upon him
by the Board.

30. Meetings of Board

(1) Subject to subsections (2) and (3), the Board shall regulate its
meetings and proceedings in such manner as it may determine.

(2) The Board shall meet at the request of the Chairperson or of

at least 7 members.

(3) At any meeting of the Board, 9 members shall constitute a

quorum.

(4) At a meeting of the Board, each member shall have one vote
on a matter in issue and in the event of an equality of votes, the person
presiding shall have a casting vote.

(5) The Chief Executive Officer shall, unless otherwise directed

by the Board, attend every meeting of the Board and may take part in its
deliberations, but shall not have the right to vote.
 Acts 2024 25

(6) Where a member or a person related to him by blood or

marriage has a pecuniary or other material interest in relation to any matter
before the Board, the member shall –
(a) disclose the nature of the interest before or at the
meeting convened to discuss that matter; and
(b) not take part in any deliberations of the Board relating
to that matter.
31. Committees of Board
(1) The Board may set up such committees as may be necessary
to assist it in the discharge of its functions.
(2) A committee shall consist of not less than 3 members and
such other persons as may be co-opted by the Board.
(3) A committee shall –
(a) meet as often as is necessary and at such time and place
as the chairperson of the committee thinks fit;
(b) meet as and when required by the Board; and
(c) regulate its meetings and proceedings in such manner
as it may determine.

(4) A committee shall submit its report within such time as the
Board may determine.

(5) The report referred to in subsection (4) shall contain the

committee’s observations, comments, recommendations or findings, if any,
on any matter referred to it.

32. Hearing Committee

(1) Notwithstanding section 31, the Board shall set up a Hearing

Committee to hold hearings in matters relating to employment under this
Act, and any determination made by the Hearing Committee shall be
communicated to the Board for consideration and decision.
26 Acts 2024

(2) The Hearing Committee shall consist of –

(a) a chairperson, who shall be a law practitioner with
at least 5 years of standing, to be appointed by the
Minister, after consultation with the Attorney-General;
(b) a representative of the Ministry responsible for the
subject of social security;
(c) a representative of the Attorney-General’s Office;
(d) a representative of Business Mauritius;
(e) a representative of employees with disabilities, to be
appointed by the Minister;
(f) a member of the Board of the Authority.
(3) (a) The Hearing Committee may co-opt such person as
may be of assistance in relation to any matter brought before it.
(b) A person co-opted under paragraph (a) shall not have
the right to vote.
(4) The Hearing Committee shall keep a proper record of its
proceedings.
(5) The Board shall, in the light of any determination of the
Hearing Committee, give such directions to an employer as it may consider
reasonable and proper in the circumstances.
(6) An employer shall, subject to section 33, comply with any
direction of the Board under subsection (5).
(7) Every member and co-opted member of the Hearing
Committee shall be paid such fee as the Minister may approve.
33. Appeal
(1) A person with disability or an employer, as the case may be,
who is aggrieved by –
(a) a direction given by the Board under section 32(5)
or 39(5); or
 Acts 2024 27

(b) a removal from the register under section 46(4),

may appeal, not later than 21 days of the notification of such direction or
removal, to the Judge in Chambers.

(2) The Judge in Chambers may, on an appeal under subsection (1) –

(a) affirm, reverse or amend a decision or direction of the
Board; or
(b) make such other order as he thinks fit.

34. Powers of Minister

(1) The Minister may give such directions of a general character

to the Board, not inconsistent with this Act, as the Minister considers
necessary in the public interest, and the Board shall comply with those
directions.

(2) The Minister may require the Board to furnish such

information in such manner and at such time as the Minister thinks fit
in respect of its activities and the Board shall supply that information in
a timely manner.

Sub-Part C – Staff of Authority

35. Chief Executive Officer

(1) There shall be a Chief Executive Officer of the Authority who

shall be appointed, subject to the approval of the Minister, by the Board on
a fixed term performance contract.

(2) The Chief Executive Officer shall be responsible for the

execution of the policy of the Board and for the control and management
of the day to day business of the Authority.

(3) The Chief Executive Officer shall, in the discharge of his

functions, act in accordance with such directions as he may receive from
the Board.
28 Acts 2024

(4) (a) The Board may, subject to such instructions as it

may give, delegate to the Chief Executive Officer such of its powers and
functions as may be necessary for the effective management of the day to
day business and activities of the Authority.
(b) The Chief Executive Officer may, with the approval
of the Board, delegate his powers and functions to such officer of the
Authority as he may determine.
36. Appointment of officers of Authority
(1) The Board may, subject to the approval of the Minister,
appoint such number of officers of the Authority as may be necessary for
the proper discharge of its functions under this Act.
(2) Every officer of the Authority shall be under the administrative
control of the Chief Executive Officer.
(3) The Authority may, with the approval of the Minister, make
provision to govern the conditions of service of officers of the Authority
and, in particular, to deal with –
(a) the appointment of, discipline against, pay and leave
of, and the security to be given by, the officers;
(b) appeals by the officers against dismissal or other
disciplinary measures; and
(c) the establishment and maintenance of provident and
pension fund schemes and the contributions payable to,
and the benefits recoverable from, such schemes.
Sub-Part D – Registration of Organisations

37. Application for registration

(1) No organisation shall provide support to more than 20 persons
with disabilities unless it is registered with the Authority.
(2) An application for registration shall be made in such form and
manner as may be prescribed and shall be accompanied by a copy of the
constitution or rules that govern that organisation.
 Acts 2024 29

(3) No organisation shall be registered under this Act unless it

complies with established good governance principles.

(4) Every organisation registered under this Act shall comply

with this Act and shall conform to every requirement, standard and the
code of conduct set by the Authority with respect to the organisation.

38. Inspection of registered organisations

(1) The Chief Executive Officer shall designate appropriate

officers of the Authority to inspect registered organisations to ensure that
the services offered to persons with disabilities are provided in accordance
with this Act.

(2) The Chief Executive Officer shall issue an identity card to

every officer of the Authority designated under subsection (1).

(3) A designated officer of the Authority shall submit to the Chief

Executive Officer such reports and information relating to any inspection
undertaken by him as the Chief Executive Officer may direct.

PART VI – EMPLOYMENT OF PERSONS WITH DISABILITIES

Sub-Part A – Employment of Persons with Disabilities

39. Duty to employ persons with disabilities

(1) Subject to this section, every employer shall employ such

number of persons with disabilities as specified in Part I of the Second
Schedule.

(2) The Board may summon an employer to show cause, on

such date and at such time as it may direct, why he is not complying with
subsection (1).

(3) Every employer who fails or is unable to comply with

subsection (1), wholly or in part, shall inform the Board of the reasons for
such non-compliance.
30 Acts 2024

(4) The Board shall, after examination of the grounds for

non-compliance under subsection (3), determine whether the employer
cannot reasonably be expected, having regard to the nature of his business,
to provide suitable employment to, or create suitable employment
opportunities for the employment of, persons with disabilities.

(5) The Board may, pursuant to subsection (4) –

(a) give such directions to an employer as it may, in
the circumstances, consider reasonable and proper,
including a direction that the employer shall pay to the
Authority such contribution as specified in Part II of
the Second Schedule; or
(b) exempt the employer from his obligation to employ
persons with disabilities.
(6) Every employer shall, subject to section 33, comply with any
direction of the Board under subsection (5).
40. Duty to provide suitable employment
(1) A person with disability shall not be employed to perform
work which, having regard to the nature of his disability, is not suitable.
(2) Where a dispute arises as to whether any work is or is not
suitable for a person with disability, the dispute may be referred by the
person with disability or his employer to the Board for a direction.
(3) The Board shall, on being requested to make a direction under
subsection (2), require the Hearing Committee to hold the hearing and
make a determination under section 32(1).
(4) Every employer shall, subject to section 33, comply with any
direction of the Board given under section 32(5) following a referral under
this section.
(5) Every employer shall submit an annual report to the Authority
on the employment of persons with disabilities employed in his organisation
not later than 31 March in every year.
 Acts 2024 31

Sub-Part B – Fiscal Incentives for Employing Persons with Disabilities

41. Deduction from gross income by employer

An employer shall be eligible to deduct an amount equal to 300 per
cent of the expenditure incurred by him in an income year for the purpose
of computing his chargeable income where he satisfies the requirements
of section 18(1) of the Income Tax Act and the expenditure is incurred on
emoluments in respect of a person with disability.
42. Deduction to charitable institution
(1) Subject to subsection (2) and section 66 of the Income Tax,
where in an income year, an employer has made a donation through
electronic means to a charitable institution approved by the Director-General
under the Income Tax Act which is involved in supporting persons with
disabilities, he shall be allowed, in that income year, a deduction from
his gross income of an amount representing thrice the amount of
such donation.
(2) The amount of deduction allowed under subsection (1) shall
not exceed one million rupees in an income year.
43. Prime à l’Emploi Scheme
Subject to Part XIIE of the Income Tax Act, the Director-General
of the Mauritius Revenue Authority shall, in respect of every approved
qualifying employee who is a person with disability, pay to his employer
an allowance equivalent to the basic wage or salary of that employee for
that month, not exceeding 15,000 rupees, in the month he is employed
and in the next 60 consecutive months immediately following the
month of employment.
44. Other fiscal incentives
The Minister to whom responsibility for the subject of finance is
assigned may, after consultation with the Minister, make such regulations
as he deems necessary for providing other fiscal incentives to employers
who employ persons with disabilities.
32 Acts 2024

Sub-Part C – Registers

45. Establishment of registers

The Board shall establish and maintain –
(a) a register of persons with disabilities;
(b) a register of employers employing persons with disabilities; and
(c) a register of organisations supporting persons with disabilities,
in such manner as may be prescribed.
46. Register of persons with disabilities
(1) (a) Every person with disability may apply to the Board to
have his name and particulars in such manner as may be prescribed entered
in the register of persons with disabilities.
(b) The next of kin or legal guardian of a person with
disability may, on behalf of a person with disability, make an application
under paragraph (a).
(2) Every applicant under subsection (1) may be required to
attend such interview, medical examination and other assessment as the
Board may consider necessary.
(3) Where the Board is satisfied that the applicant is a person with
disability, it shall cause the name of the applicant and his particulars to be
entered in the register of persons with disabilities.
(4) The Board may, at any time, remove, subject to this Act,
the name and particulars of a person from the register of persons with
disabilities where –
(a) it is satisfied that the entry in the register has been
obtained by misrepresentation or through fraudulent
means or where the person has ceased to be a person
with disability, and shall immediately inform the person
concerned;
 Acts 2024 33

(b) a person with disability requests that his name be

removed from the register; or
(c) the next of kin or legal guardian of a person with
disability makes an application to have the name of
the person removed from the register and the Board
is satisfied that the name and particulars should be
so removed.

(5) The Board may, for the purpose of administering and

implementation of this Act, share information relating to a person with
disability with the Ministry or other Government departments.

47. Register of employers employing persons with disabilities

(1) Every employer having a workforce as specified in Part I

of the Second Schedule shall apply to have his name entered in the register
of employers and specify, in the application –
(a) his full name, residential address and business
registration number;
(b) the registered name and address of his organisation;
(c) the number of employees in his organisation;
(d) the number of persons with disabilities he employs or
may employ;
(e) the nature or description of any employment which
he is providing or may provide to persons with
disabilities; and
(f) the name, address and nature of disability of any person
with disability employed by him.

(2) After verifying the particulars under subsection (1), the Board
may direct that the name of the applicant and the particulars specified in
the application be entered in the register of employers employing persons
with disabilities.
34 Acts 2024

(3) The Board may, for the purpose of administering and

implementation of this Act, share information relating to an organisation
employing a person with disability with the Unit or the Ministry.
PART VII – MISCELLANEOUS

48. General Fund

(1) The Authority shall set up a General Fund –
(a) into which shall be paid all the revenue of the
Authority; and
(b) out of which shall be paid all the expenses incurred by
the Authority.

(2) The revenue of the Authority shall consist of –

(a) Government grants;
(b) special Government funding for specific projects; and
(c) external aid funding for specific projects.

49. Income and expenditure

(1) The Authority shall, not later than 31 March in every year,
submit to the Minister an estimate of the expenditure and income of the
Authority for the next financial year for his approval.

(2) Subject to subsection (3), the Minister shall, before the

beginning of every financial year, signify in writing his approval of the
estimates.

(3) Where the Minister gives his approval under subsection (2),
he may direct the Authority to amend the estimate in respect of any item in
such manner as he thinks fit.

(4) Subsection (1) shall not apply to the first financial year of
the Authority.
 Acts 2024 35

50. Annual report

(1) The Board shall prepare and submit, in accordance with

the Statutory Bodies (Accounts and Audit) Act, an annual report to the
Minister, together with an audited statement of accounts on the operations
of the Authority in respect of every financial year.

(2) The Minister shall, at the earliest available opportunity,

lay a copy of the annual report and audited accounts of the Authority
before the National Assembly.

(3) The auditor to be appointed under section 5(1) of the Statutory

Bodies (Accounts and Audit) Act shall be the Director of Audit.

51. Donations and exemptions

(1) Article 910 of the Civil Code shall not apply to the Authority.

(2) Notwithstanding any other enactment, the Authority shall be

exempt from payment of any registration duty, fee or charge in respect of
any document under which the Authority is the sole beneficiary.

52. Execution of documents

(1) (a) Subject to subsection (2), every document shall

be executed by or on behalf of the Authority if signed by the Chief
Executive Officer.

(b) The Chief Executive Officer may delegate his powers

under subsection (1) to any officer of the Authority.

(2) No cheque shall be executed by, or on behalf of, the Authority

unless it is signed by –
(a) the Chairperson or, in his absence, a member designated
by the Board; and
(b) the Chief Executive Officer, or, in his absence, an
officer of the Authority designated by the Board.
36 Acts 2024

53. Confidentiality
(1) No member of the Board, officer of the Authority or officer
of the Ministry or Unit shall, during or after his term of office, use or
disclose any matter which has come to his knowledge in the discharge of
his functions or use any material of the Authority or Unit, as the case may
be, except for the purpose of administering this Act.
(2) Any person who contravenes subsection (1) shall commit
an offence and shall, on conviction, be liable to a fine not exceeding
10,000 rupees and to imprisonment for a term not exceeding one year.
54. Legal proceedings
(1) The Authority shall act, sue and be sued in its corporate name.
(2) Service of process by, or on the Authority, shall be sufficient
if made on behalf of, or on, the Chief Executive Officer.
55. Protection from liability
No liability, civil or criminal, shall be incurred by the Ministry, an
officer of the Ministry or Unit, the Authority, an officer of the Authority
or a member of the Board in respect of any act done or omitted in good
faith in the discharge of its or his functions or exercise of its or his powers
under this Act.
56. Offences and jurisdiction
(1) Any person who fails to comply with a protection order shall
commit an offence and shall –
(a) on a first conviction, be liable to a fine not exceeding
50,000 rupees or to imprisonment for a term not
exceeding 2 years;
(b) on a second conviction, be liable to a fine not exceeding
200,000 rupees or to imprisonment for a term not
exceeding 5 years; and
(c) on any subsequent conviction, be liable to penal
servitude for a term not exceeding 10 years.
 Acts 2024 37

(2) Any person –

(a) on whom a summons is served under section 20(2)(c)
and who fails, without reasonable excuse, to appear at
the time and place specified in the summons;
(b) who molests, hinders or obstructs an officer of the
Unit in the discharge of his functions or exercise of his
powers; or
(c) who otherwise contravenes this Act,

shall commit an offence and shall, on conviction, be liable to a fine not

exceeding 200,000 rupees or to imprisonment for a term not exceeding
5 years.

(3) (a) Where an act of abuse is committed against a person

with disability, the Court shall, for the purpose of sentencing, have regard
to the existence of the following aggravating circumstances surrounding
the commission of the offence –
(i) the offender is the parent of the person with
disability;
(ii) the offender has abused his position of
responsibility, trust or authority towards the
person with disability;
(iii) the offence exposed the person with disability to
a life-threatening illness;
(iv) medications, drugs or weapons were used in the
commission of the offence;
(v) the offender has previously been convicted for
same or similar offences.

(b) Any person who is convicted of an offence on a person

with disability shall, where aggravating circumstances exist, be liable
to penal servitude for a term of not less than 3 years and not exceeding
10 years.
38 Acts 2024

(4) Notwithstanding section 114 of the Courts Act and section 72

of the District and Intermediate (Criminal Jurisdiction) Act, a Magistrate
shall have jurisdiction to try an offence under this Act and may impose any
penalty provided in this Act.
(5) Part X of the Criminal Procedure Act and the Probation
of Offenders Act shall not apply to a person liable to be sentenced under
this Act.
57. Regulations
(1) The Minister may make such regulations as he thinks fit for
the purposes of this Act.
(2) Any regulations made under subsection (1) may provide –
(a) for the amendment of the Schedule;
(b) for the levying of fees and charges;
(c) that any person who contravenes them shall commit an
offence and shall, on conviction, be liable to a fine not
exceeding 100,000 rupees and to imprisonment for a
term not exceeding 2 years.
58. Repeal
The following enactments are repealed –
(a) the Loïs Lagesse Trust Fund Act;
(b) the National Council for the Rehabilitation of Disabled
Persons Act; and
(c) the Training and Employment of Disabled Persons Act.
59. Consequential amendments
(1) The Equal Opportunities Act is amended –
(a) in section 2, in the definition of “impairment”, by
adding the following new paragraph –
(f) a disability as defined in the Protection
and Promotion of the Rights of Persons
with Disabilities Act 2024;
 Acts 2024 39

(b) in section 3, in subsection (3), by deleting the words

“Training and Employment of Disabled Persons Act”
and replacing them by the words “Protection and
Promotion of the Rights of Persons with Disabilities
Act 2024”.
(2) The Income Tax Act is amended, in section 150F –
(a) in subsection (1), in the definition of “person with
disabilities”, by deleting the words “Training and
Employment of Disabled Persons Act” and replacing
them by the words “Protection and Promotion of the
Rights of Persons with Disabilities Act 2024”;
(b) in subsection (4) –
(i) in paragraph (aa), by inserting, after the words
“he is employed and”, the words “, subject to
paragraph (ab),”;
(ii) by inserting, after paragraph (aa), the following
new paragraph –
(ab) The allowance required to
be paid to an approved qualifying employee
pursuant to paragraph (aa) shall, in the case of a
person with disabilities, be paid in the month he is
employed and in the next 60 months immediately
following the month of employment.
(3) The Protection from Domestic Violence Act is amended, in
section 13, by inserting, after subsection (2), the following new subsection –
(2A) (a) Notwithstanding subsections (1) and (2), a
person who is convicted of an offence under this Act shall, where
the victim is a person with disability, be liable to penal servitude
for a term of not less than 3 years and not exceeding 10 years.
(b) In this subsection –
“person with disability” has the same
meaning as in the Protection and
Promotion of the Rights of Persons with
Disabilities Act 2024.
40 Acts 2024

(4) The Protection of Elderly Persons Act is amended,

in section 11, by inserting, after subsection (2), the following new
subsection –
(2A) (a) Notwithstanding subsection (2), a person
who is convicted of an offence under this Act shall, where the
victim is a person with disability, be liable to penal servitude
for a term of not less than 3 years and not exceeding 10 years.
(b) In this subsection –
“person with disability” has the same
meaning as in the Protection and
Promotion of the Rights of Persons with
Disabilities Act 2024.

(5) The Statutory Bodies (Accounts and Audit) Act is amended,

in the Schedule –

(a) by deleting the following items and their corresponding

entries –
Loïs Lagesse Trust Fund Loïs Lagesse Trust Fund
Act
National Council for National Council for
the Rehabilitation of the Rehabilitation of
Disabled Persons Disabled Persons Act
Training and Employment Training and
of Disabled Persons Board Employment of Disabled
Persons Act
(b) by inserting, in the appropriate alphabetical order, the
following new item and its corresponding entry –
National Empowerment Protection and Promotion
Authority of the Rights of Persons
with Disabilities Act
2024
 Acts 2024 41

(6) The Statutory Bodies Pension Funds Act is amended, in the

First Schedule –
(a) by deleting the following item and its corresponding
entry –

Training and Employment of 1 December 1998

Disabled Persons Board

(b) by inserting, in the appropriate alphabetical order, the

following new item –

National Empowerment Authority

60. Saving and transitional provisions

(1) In this section –
“former organisation” means LLTF, NCRDP or TEDPB;
“LLTF” means the Loïs Lagesse Trust Fund established under
the repealed Loïs Lagesse Trust Fund Act;
“NCRDP” means the National Council for the Rehabilitation
of Disabled Persons established under the repealed National
Council for the Rehabilitation of Disabled Persons Act;
“TEDPB” means the Training and Employment of Disabled
Persons Board established under the repealed Training and
Employment of Disabled Persons Act.
(2) (a) For the purposes of the Statutory Bodies (Accounts
and Audit) Act, the period extending from the commencement of this
Act to 30 June next following shall be deemed to be the first financial
year of the Authority.
(b) Section 7 of the Statutory Bodies (Accounts and Audit)
Act shall not apply to the first financial year of the Authority.
(3) (a) Notwithstanding any other enactment, every person
employed by a former organisation shall, on the commencement of this
Act, be dealt with in accordance with this Act.
42 Acts 2024

(b) Subject to this section, every person who, on the

commencement of this Act, is employed on the permanent and pensionable
establishment of a former organisation shall be entitled to be transferred
to the permanent and pensionable establishment of the Authority on terms
and conditions which shall be not less favourable than those of his previous
employment.

(c) The period of service of every person employed on the

permanent and pensionable establishment of a former organisation who is
transferred to the Authority under paragraph (b) shall be considered to be
an unbroken period of service with the Authority.

(d) Where a person employed on the permanent and

pensionable establishment of a former organisation is transferred to the
Authority under paragraph (b), his service with the Authority shall be past
service for the purposes of the Statutory Bodies Pension Funds Act.

(e) No person employed on the permanent and pensionable

establishment of a former organisation shall, on account of his transfer to
the Authority or any resulting change in his job title, be entitled to claim
that his employment has been terminated or adversely affected in breach of
any enactment.

(f) Any person employed on the permanent and pensionable

establishment of a former organisation may, instead of a transfer under
paragraph (b), have the option to –
(i) be redeployed, so far as is practicable, to a
Ministry, Government department or statutory
corporation, where a vacancy in a similar
position is available; or
(ii) retire on the ground of abolition of office and
be paid his pension benefits in accordance with
the Pensions Act, the Statutory Bodies Pension
Funds Act or such other pension scheme as may
be applicable to a former organisation.
 Acts 2024 43

(g) (i) Subject to this section, any person employed

on the permanent and pensionable establishment of a former organisation
against whom a disciplinary inquiry or other proceedings are pending on
the commencement of this Act, who is –
(A) not interdicted, shall be transferred to the
permanent and pensionable establishment
of the Authority on terms and conditions
which shall be not less favourable than
those of his previous employment;
(B) interdicted, may opt to –
(a) be transferred to the permanent and
pensionable establishment of the
Authority on terms and conditions
which shall be not less favourable
than those of his previous
employment; or
(b) where no disciplinary charge
is subsequently found proved
against him, retire on the ground
of abolition of office and be paid
pension benefits in accordance with
the Pensions Act, the Statutory
Bodies Pension Funds Act or such
other pension scheme as may be
applicable to a former organisation.
(ii) For the purposes of this paragraph and
paragraph (f), the date of a person’s retirement on the ground of
abolition of office shall be the date of the commencement of this Act.
(h) Any disciplinary inquiry or proceedings pending on the
commencement of this Act against a person employed on the permanent
and pensionable establishment of a former organisation shall be taken up,
continued or completed by the supervising officer, and any resulting order
or decision shall have the same force and effect as if made by a former
organisation.
44 Acts 2024

(4) Any proceedings, whether judicial or extra-judicial, started

by or against a former organisation and pending on the commencement of
this Act shall be deemed to have been started by or against the Authority.
(5) The assets, training centres, schools, hostels and funds of a
former organisation shall, on the commencement of this Act, vest in the
Authority.
(6) Subject to subsection (3)(b) to (f), all rights, obligations and
liabilities subsisting in favour of or against a former organisation on the
commencement of this Act shall continue to exist under the same terms and
conditions in favour of or against the Authority.
(7) The register of disabled persons and the register of employers
established under the repealed Training and Employment of Disabled
Persons Act shall, on the commencement of this Act, be deemed to be the
register of persons with disabilities and the register of employers employing
persons with disabilities, respectively.
(8) Any act done by a former organisation shall be deemed to
have been done by the Authority.
(9) Where this Act does not make provision for any transition, the
Minister may make such regulations as may be necessary to provide for
such transition.
61. Commencement
(1) Subject to subsection (2), this Act shall come into operation
on a date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of
different sections of this Act.
Passed by the National Assembly on the sixteenth day of April two
thousand and twenty four.

Urmeelah Devi Ramchurn (Ms)

Acting Clerk of the National Assembly
_________________
 Acts 2024 45

FIRST SCHEDULE
[Section 14]

PERSONS AND BODIES HAVING OBLIGATIONS

Obligation

1. ElectoralCommissioner’s Ensure that all polling stations are

Office accessible to persons with disabilities
and that any literature or material
relating to the electoral process is
easily understood by, and accessible to,
persons with disabilities

2. Institution providing (1) Provide learning instructional

educational services materials and assistive devices suitable
for learners with special needs

(2) Provide facilities during

examinations and assessments,
including giving extra time, for students
with special disability needs
3. Institution providing (1) Include a module on teaching
training services to children with special needs in the
educators or trainers curriculum

(2) Provide adequate training for

special teaching professionals and
in-service training for educators in
mainstream schools to cater for the
educational development of persons
with disabilities

4. Owner of a new building Ensure that the building is accessible to

to which the public has any person with disability
access
_______________
46 Acts 2024

SECOND SCHEDULE
[Sections 27(h), 39 and 47]
PART I

Employer Number of persons with

disabilities to be employed
Employer having a workforce At least one person with disability
of not less than 50 nor more than
100 employees
Employer having a workforce of At least 2 persons with disability
not less than 101 nor more than
200 employees
Employer having a workforce of at At least 3 per cent of workforce
least 201 employees
PART II

Contribution to be paid by an 6,000 rupees monthly for each

employer where so directed person with disability not yet
by the Board of the National recruited
Empowerment Authority
_______________