ACT No. XXVI of 1995 AN ACT to amend the Disabled Persons (Employment) Act, Cap . 210.

(LS.)

Uoo MIFSUD BONNICI

President

17th October, 1995

ACT No. XXVI of 1995

AN ACT to amend the Disabled Persons (Employment) Act,

Cap . 210.

BE IT ENACtED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1)

This Act may be cited as the Disabled Pe rso ns Sllonti,I •• nd

(Employment) (Amendment) Act, 1995 and shall be read and construed roon........, .... nt .

as one with the Disabled Persons (Employment) Act, which shall

henceforth and for the purposes of this Act and for all effeclll and

purposes of this and any other law be known as the Persons with

Disability (Employment) Act, hereinafter referred to as "the principal Cap. 210.

Act" .

(2) This Act s hall come into force on such date as the

Minister responsible for labour may by notice in Ille Gazette appoint,

and different dates may be so appointed for different purposes of this

Act,

For the words "disabled person" and "disabled persons" A ... _ .. of

wherever these occur in the title and in several sections of the principal

Act there shall be substituted the words "person with disabil ity" and priJripol Act.

"persons with disabi lity" respectively.

In sectioo I of tne principal Act. for the woros " Disabled

M

Penons (Employment) ACI there shall be: substituted the words

"Persons with Disability (Employment) Act".

Section 2 of the principal Act shall be: amended as follows

(a) the expressions "the Bo ard" , " th e Committee" ,

"Dc:parunent" and "Director" shall be deleted;

(b)

immediately after the expression "association of

persons~ there shall be added the following

.. "the Authority" means the National Employment

Authori ty established by section 3 of the Employment and

Training Services Act;";

immediately after the clIpression "compulsory school

(c)

age" there shall be added the fo llowing

"the Corporation" means the Employment and Training

Corporation established by section 5 of the Employment and

Training Service Ac t;"; and

(d) for the expression "placement medical officer" there

shall be substituted the: following

.. " place me nt medic al officer" means any s uitabl y

qualified medical officer autho ri se d in wri ting by the

M inister,",

S. In subsection (1) of section 3 of the principal Act , immediately

after the words " by any government department" there shall be addc:d

the words "or the Corporation",

For subsection (I) of section 5 of the: principal Act. the:re

shall be substituted the following

"(I) 'The Corporation shall set up and maintain I Register

of Per.;ons with Disabi lilY." ,

In subsection (2)ofscction 8 o f the principal Act. immediately

after the words "of the Min ister" there shall be added the words "on

the advice of the Authorit y".

In section 9 of the principal Act, for the word " Director" ~

:::,,,,,,9

whereve r it occurs there shall be substituted the word "Corporation".

In subsection (2) of section iO of the principal Act, for the An . ......

::=ioa

word "Director" wherever it occurs there shall be substi tuted the word

''Corporation''.

Fl-anikolu 12 ta' I-All principali, minflok il-kliem "mid- Emtrdo la'

DiretlUr" u "tal-Bord" ghandhomjidhlu J-kliem "mill-Korporazzjoni" I·An prin6poll.

u "ta' I-AwtoritA" rispettivament.

L-artikolu 13 ta' I-A I! principali ghandu jigi emcndat kif Eo,

Section 13 o f the principal Act shall be amended as..... 1 ....

follows:-

(a) in subsection (I) thereof, for the word " Director" there

shall be substituted the word "Corporation" ;

(b) in subsec tion (2) thereof, for the word " Board"

wherever it occurs there shall be substituted the word "Authority";

(c) in subsection (3) thereof, for the words "Board" and

"Director" wherever these occur there shall be substituted the

words " AuthOrity" and "Corporation";

(d) in subsection (4) thereof, for the word " Board" there

shall be substituted the word "Authority"; and

(e) in the marginal note thereof, for the word " Director"

there shall be substituted the word "Corporation".

In section 14 of the principal Act, for the word MDirector"

there shall be substituted the word Corporation".

Section 1.5 of the principal Act shall be amended as "-'--1 ..

follows:-

(a) in subsection (6) thereof, for the words "Board" and

" Director" wherever these occur there shall be substituted the

words "Authority" and "Corporation"; and

(b) in subsection (7) thereof, for the word "Board" there

shall be substituted the word " Authority".

In subsection s (2) and (6) of section 16 of the principal

Act, for the word "Committee" whereve r it occurs there shall be .~

substituted the word "Corporation".

I S. In section 17 ofme principal Act, forme words "blind person

or a deaf pcr.iOn without speech~ there shall be substituted the words

"severely disabled person as ccnificd by a place ment medical officer".

and the marigna] nOle [0 section 17 of the principal Act shall be de leted

and substituted wi th "Severely disabled persons.".

A -anikolu 17 ta' I-Atl prindpali, minflok il-kliem "persuna

ghamjajew persuna tru)la u muta'" ghandhom jidhlu I-kl ieffi "pcrsuna

b ' dizab ilit~ gravi kif ligi ce nifikata minn ufficjal mediku dwar

pjanament", un -nota marginali ta' I-anikolu 17 lal-ligi princi pali

ghand ha tithassar u ffiinflokha tidhol "Persuni b'diiabilitl gravi.",

In subsection (3) of section 18 of the principal Act, for the

word "Committee" there shall be substituted the word "Corporation" .

In subsection ( I) of section 19 of the principal Act, for the

word "Committee" there shall be substitu ted the word "Corporati on",

In subsection (3) of section 20 of the principal Act , for the

word "Dimctor" there shall be substitu ted the word ''Corporat ion'',

19, In subsec tion (1) of sect ion 21 of the principal Act,

immediately after the words "ll11y government department or" there

s hall be added the words ·'the Corporation or",

For section 22 of the principal Act there shall be substitutcd

the following

.-

- prcr ... oc:e

In submitting to any person to whom section 15

of thi s Act applies the names of registered persons for

rcl;·ttr<d

employment, the Corporntion shall give preference to pel1iOllS

with severe disabil ity as ce rti fied by a placement med ical

officer

Provided that nothing in this section s hall be

dcemed to imply that the e m ployer, in takin g into his

employment a person with disab ility for the purpose of

complying with the provisions of this Act, shall be bound to

engage a person submitted to him by the Corporation under

this section .".

Section 23 of the principal Act shall be deleted.

2 1.

22. In section 24 afme principal Act. for the word '·Committee·'

wherever it occurs and in the marginal note thereof there shall be

substituted the word "Corporation",

For section 25 of the principal Act there shalt be substilUted

the follOwing

2.5 . (1) There shall be an ofrscial oflhe Dcpanmenl

of Labour 10 be !fyled Disablement Resettlement Officer .

It shall be the duty of such officer to monilor

(2)

generally the conditions of employment and the work

environment in which persons with disability are gainfully

employed. In carrying out such duties Ihe Disablement

Rescttlcmc;nt Officer shall be eJOpected 10-

(a) investigate any complaints he may receive

regarding the conditions of employment under which

any person with disability is employed. laking into

acCOUDllhc physical or mental disability ofthc person

with disabi lity, and

rcpon 10 the Director of Labour and the

(b)

Chief Executive of the CorporBlion the results of his

investigat ions.

(3)

In carrying out his inve5ligalions the

Disablement ReSClllemen l Officer shall have access to the

registration records of persons with disability and he may

seek the advicc of placement medical officers or any other

medical officer as may be appropriate.

(4) A copy of the repon of the Disablement

Resettlement Officer s hall be sent to the National

Employment Authority and to the person who has submitted

the complainL".

Passed by the House of Representatives at Sitting No. 456 of the 9th October,

R ICHAlI.D J . CAIJCH]

Clerk to the House of RepresemQtil'(!s.

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