EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  1
CHAPTER 413
EQUAL OPPORTUNITIES (PERSONS WITH 
DISABILITY) ACT
10th February, 2000
1st October, 2000
ACT I of 2000.
PART I
P R E L I M I N A R Y
Short title.
with Disability) Act.
Interpretation.
"accommodation" includes residential or business
accommodation, and structural adaptation or modifications to
existing buildings; 
"auxiliary aid" means any palliative or therapeutic device, any
prosthetic aid, or any other device or aid that may be required by a
person with a disability specifically because of that disability;
"Commission" means the National Commission Persons with
Disability established in terms of article 21 of this Act, and
includes any officer of the Commission duly authorised by it to act
on its behalf for a specific purpose or class of purposes under this
Act;
"compulsory school age", in relation to a person means the age at
which such person is subject to the provisions of the Education Act
insofar as these relate to such age;
"contract of service" means an agreement of employment
between two persons, or between one person and an association of
persons, whether written, oral or implied, whereby the employee
shall be under an obligation to render to the employer services for
definite hours, be it on a full-time, part-time or temporary basis, at
a specified wage, salary, remuneration in kind or any other benefit
or privilege, subject to the right of the employer to exercise control,
supervision, direction, and any form of disciplinary action, as may
be allowed by law, over the employee as to the method of
performance of his duties;
"disability" means, a physical or mental impairment that
substantially limits one or more of the major life activities of a
person;
"educational authority" means a body or person administering an
educational institution;
"educational institution" means a kindergarten, school, college,
university or other institution at which education or training is
provided;
"employment" means work under a contract of service;
2 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
"employment agency" means any person who, or association of
persons that, whether for payment or not, assists persons to find
employment or other work or assists employers to find employees
or workers, and includes any activity carried out in Malta for the
recruitment of persons for employment in Malta or outside Malta;
"family member", in relation to an individual, includes -
( a ) the parents;
( b ) the spouse;
( c ) a son, daughter, brother or sister aged eighteen years
or over; and
( d ) a legal guardian or curator of such individual;
"impairment" in the context of disability, means any loss,
restriction or abnormality of psychological, physiological, or
anatomical structure or function;
"Minister" means the Minister responsible for social policy and
its development, and includes any person duly authorised by the
said Minister to act on his behalf for a specific purpose or class of
purposes under this Act;
"pensionable age", in relation to a person, means any age during
which such person is entitled to a pension in respect of retirement
under the provisions of the Social Security Act;
"qualified person with a disability" means -
( a ) in relation to any employment as is referred to in Title
1 of Part III of this Act, a person with a disability who
is over compulsory school age but has not yet reached
pensionable age, and who, with or without any
accommodation in accordance with the
aforementioned Title, can perform the essential
functions of the employment position that he holds or
applies for or can hold or apply for; and
( b ) in relation to the provision of goods, facilities or
services as are referred to in Title 4 of Part III of this
Act, a person with a disability who meets the essential
eligibility requirements for the provision of such
goods, facilities or services or for participation in such
programmes or activities as may be provided by any
person or body in terms of the aforementioned Part of
this Act.
P A R T  II
D I S A B I L I T Y  D I S C R I M I N A T I O N
Disability 
discrimination 
because of loss 
favourable 
treatment.
3. (1) A person shall be discriminating against another person
on the grounds of disability in any circumstances relevant for the
purposes of any provision of this Act, if:
( a ) in circumstances which are similar or are not
materially different, he treats or proposes to treat a
person who has a disability less favourably than he
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  3
treats or would treat a person who does not have such a
disability; or
( b ) he treats or proposes to treat a person less favourably
on the basis of a characteristic that appertains
generally to persons who have such a disability or a
presumed characteristic that is generally imputed to
persons who have such a disability.
(2) For the purposes of paragraph ( a ) of sub-article (1) of this
article, the fact that different accommodation and, or, services may
be required by the person with a disability shall in no case be
deemed as constituting circumstances which are materially
different.
Disability 
discrimination 
because of non-
compliance with 
requirement 
condition.
4. A person shall be discriminating against another person on
the grounds of disability if such other person is required to comply
with a requirement or condition with which the majority of persons
who do not have the disability comply or are able to comply, and 
( a ) which is unreasonable in the circumstances of the
case; and
( b ) with which such other person does not comply or is
unable to comply.
Disability 
discrimination 
because of 
auxiliary aids.
5. A person shall be discriminating against another person on
the grounds of disability if he treats or proposes to treat such other
person less favourably than he treats or would treat others who do
not have such a disability because of the fact that such other person
is accompanied by or possesses an auxiliary aid that is used by such
other person or because of any matter related to that fact, whether
or not it is the practice to treat in such less favourable manner any
person who is accompanied by or is in possession of such an
auxiliary aid.
Disability 
discrimination 
because of 
assistance.
6. A person shall be discriminating against another person on
the grounds of disability if he treats or proposes to treat such other
person less favourably than he treats or would treat others who do
not have such a disability because of the fact that such other person
is accompanied by -
( a ) an interpreter; or 
( b ) a reader; or
( c ) an assistant; or
( d ) a carer,
who provides interpretative, reading or other services to such other
person because of the disability of such other person or because of
any matter related to that fact, whether or not it is the practice to
treat less favourably any person who is accompanied by an
interpreter, a reader, an assistant or a carer, as the case may be.
4 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
P A R T  III
P R O H I B I T I O N   O F  D I S A B I L I T Y  D I S C R I M I N A T I O N
T I T L E  1 - E M P L O Y M E N T
Employment. 7. (1) No employer shall discriminate on the grounds of
disability against a qualified person with a disability in regard to -
( a ) procedures relative to applications for employment;
( b ) the hiring, promotion or dismissal of employees;
( c ) employee compensation;
( d ) job training; and
( e ) any other terms, conditions and privileges related to
employment
(2) For the purposes of sub-article (1) of this article and
without prejudice to the generality of Part II of this Act, an
employer shall be considered to discriminate on the grounds of
disability against a person as is referred to therein, if such employer
unreasonably -
( a ) limits, segregates or classifies such a person in a way
that adversely affects the opportunities or status of
such a person; or
( b ) participates in any contract, or other arrangement or
relationship, the implementation of which has the
effect of subjecting such a person to discrimination; or
( c ) uses standards, criteria or methods of administration
that have an adverse effect on the opportunities, status
or benefits of such a person; or
( d ) fails to make reasonable accommodation for the
disability of such a person, unless the employer can
prove that the required accommodation would unduly
prejudice the operation of the trade or business run by
such employer; or
( e ) denies employment opportunities to such a person
where such denial is based on the need of the employer
to make reasonable accommodation for the disability
of such a person; or
( f ) uses qualification standards, employment tests, or
other selection criteria that screen out or tend to screen
out a person or a class of persons with a disability
unless the employer can prove that the standards, tests
or other selection criteria are an essential qualification
or requirement for the position in question; or
( g ) fails to select and to administer tests concerning
employment in the manner most effective to ensure
that, when the test is administered to such a person and
such person happens to have a disability that impairs
sensory, manual or speaking skills, the results of such
tests accurately reflect the skills or aptitudes of such a
person.
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  5
(3) Whenever an employer excludes from any employment or
continuation of employment a person who is qualified to take up
such employment or to continue in such employment or otherwise
limits in any way the opportunities, status or benefits of such a
person because of the disability of another person with whom such
person is known or believed to have a relationship or association,
such exclusion or limitation shall, for the purposes of this article,
be deemed as if it were a discrimination on the grounds of
disability against a person as is referred to in sub-article (1) of this
article.
(4) For the purposes of paragraph ( d ) of sub-article (2) of this
article, the factors to be considered in determining whether an
accommodation would unduly prejudice the operation of the trade
or business run by the employer shall include:-
( a ) the nature and cost of the accommodation;
( b ) the overall financial resources of the workplace
involved in the making of the accommodation;
( c ) the number of employees at the workplace requiring
accommodation; 
( d ) the effect on expenses and resources and the impact of
the required accommodation upon the operation of the
workplace; 
( e ) the overall financial resources of the employer;
( f ) the overall size of the business of the employer
including the number of employees, and the number,
type and location of its workplaces;
( g ) the type of operation or operations of the employer,
including the composition, structure and functions of
the work-force; and
( h ) the availability of financial assistance from public
funds to defray the expense of any accommodation.
(5) For the purposes of this article, the term "make reasonable
accommodation" includes -
( a ) making existing facilities used by employees readily
accessible to and usable by persons with disabilities;
and
( b ) restructuring jobs, instituting part-time or modified
work schedules, reassigning vacant positions,
acquiring or modifying equipment or devices,
appropriately adjusting or modifying examinations,
training materials or policies, providing qualified
readers or interpreters, and making any other similar
accommodation for a person with a disability.
Medical 
examinations.
8. (1) Save as provided for in sub-articles (2) and (3) of this
article, an employer shall not conduct or require any medical
examination or otherwise make any enquiries of an applicant for
employment or of any of his employees as to whether such
applicant or employee is a person with a disability or as to the
nature or severity of such disability except to ascertain the ability
6 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
of the applicant to perform job-related functions or to identify the
cost involved in any adaptations that may be required as a result of
such disability.
(2)  After an offer of employment has been made to an
applicant for employment and, prior to the commencement of such
employment, an employer may conduct or require a medical
examination or make the offer of such employment conditional on
the results of such examination if all applicants for this same kind
of employment are made subject to such an examination.
(3) Whenever an examination as is referred to in sub-articles
(1) and (2) of this article is in fact conducted, any information
obtained regarding the medical condition and history of the
applicant in relation to his disability shall be -
( a ) collected and maintained on separate forms;
( b ) kept in separate medical files; and 
( c ) treated as a confidential medical record.
(4) Notwithstanding the provisions of sub-article (3) of this
article, if such applicant is subsequently employed, nothing shall
preclude his employer from informing, if he so deems fit,
( a ) supervisors and managers within the same
establishment regarding any necessary restrictions on
the work or duties of such applicant and any necessary
accommodations that may be required and,
( b ) first aid and safety personnel regarding any emergency
treatment that might be required by such applicant
because of his disability or regarding any special
precautions that might need to be taken because of the
said disability.
(5) Further to the provisions of sub-article (1) of this article,
but subject to the provisions of sub-articles (3) and (4) of this
article, an employer may also conduct voluntary medical
examinations, including the compilation of voluntary medical
histories, which form part of a health programme for employees.
(6) For the purposes of this article, any medical examination as
is referred to therein shall include any medical and, or,
psychological assessment that may be necessary in the
circumstances of the case.
Trade Unions.
Cap. 452.
9. It shall be unlawful for a registered organisation under the
Employment and Industrial Relations Act, or for the committee of
management or a member of the committee of management of such
a registered organisation, to discriminate against -
( a ) a person, on the grounds of the disability of such
person or a disability of any of the family members of
such person -
(i) by refusing or failing to accept his application
for membership; or
(ii) in the terms or conditions on which such
organisation is prepared to accept his application
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  7
for membership; and, or 
( b ) a member of such registered organisation, on the
grounds of the disability of such member or a
disability of any of his family member by -
(i) denying him access to any benefit provided by
the organisation or limiting his access to such
benefit; or
(ii) depriving him of membership of the
organisation; or varying the terms of such
membership.
Employment 
agencies.
10. (1) It shall be unlawful for an employment agency to
discriminate against a person on the grounds of his disability or a
disability of any of his family members:
( a ) by refusing to provide such person with any of its
services; or
( b ) in the terms or conditions it offers to provide such
person with any of its services; or
( c ) in the manner in which it provides such person with
any of its services.
(2) For the purposes of this article, an employment agency
shall not be deemed to discriminate against a person on the grounds
of his disability, if, taking into account his training, qualifications
and experience relevant to the work sought, and all other relevant
factors that it finds reasonable to take into account, such person
would, because of his disability, be unable to carry out the inherent
requirements of the work sought.
T I T L E  2 - E D U C A T I O N  
Education.
article, it shall be unlawful for an educational authority or
institution to discriminate against -
( a ) an applicant for admission as a student on the grounds
of his disability or a disability of any of his family
members -
(i) by refusing or failing to accept his application
for such admission, or
(ii) in the terms or conditions on which such
educational authority or institution is prepared to
admit him as a student; and, or,
( b ) a student on the grounds of his disability or disability
of any of his family members by -
(i) denying him access, or limiting his access, to
any benefit provided by such educational
authority or institution; or 
(ii) expelling him from the educational institution he
is attending.
(2) Where an educational authority or institution has been
wholly or primarily established for students who have a particular
8 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
or a specific disability, such educational authority or institution
may restrict admission to such an institution to persons who only
have that particular or specific disability and refuse admission to
other persons who do not have that particular or specific disability
but another disability.
(3) Where the admission of a person with a disability as a
student in an educational institution would necessitate the
procurement of services or facilities that are not required by
students who do not have a disability, the educational authority or
institution concerned may refuse or fail to accept the admission as a
student of such a person in that educational institution if such
authority or institution proves that the admission of such person in
such institution would require services or facilities the provision of
which would impose unjustifiable hardship on the educational
institution or authority concerned.
T I T L E  3 - A C C E S S  
Access to 
premises.
12. (1) Save as provided for in sub-article (2) of this article, it
shall be unlawful for any person to discriminate against another
person on the grounds of the disability of such other person or a
disability of any of his family members:
( a ) by refusing to allow such other person access to, or the
use of any premises, or of any facilities within such
premises, that the public or a article of the public is
entitled or allowed to enter or use (whether on
payment or not); or
( b ) in the terms or conditions on which such person is
prepared to allow such other person access to, or the
use of any such premises or facilities; or
( c ) in relation to the provision of means of access to such
premises including any necessary alterations to such
premises or facilities so as to make such access
possible; or
( d ) by requiring such other person to leave such premises
or to cease to use such facilities or to unjustifiably
restrict in any way such use.
(2) Where -
( a ) such premises or facilities as aforesaid in this article
are designed or constructed in such a way as to render
them inaccessible to a person with a disability; and
( b ) any alteration of such premises or facilities would
impose unjustifiable hardship on whoever is required
to provide such an access,
then it shall not be unlawful for such a person to discriminate
against a person with a disability by refusing him such access to or
use of any premises or facilities as are referred in paragraph ( a ) of
sub-article (1) of this article or to refuse to carry out any alterations
to such premises or facilities that would otherwise render such
premises or facilities accessible to a person with a disability.
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  9
T I T L E  4 - P R O V I S I O N   O F  G O O D S , F A C I L I T I E S   O R  S E R V I C E S .
Provision of goods 
and services to 
qualified persons 
with a disability.
13. (1) Save as provided for in sub-article (3) of this article,
no qualified person with a disability shall, on the grounds of
disability, be excluded from participation in or be denied the
benefits of the programmes or activities of any person or body in
relation to the goods, facilities or services to which this article
applies or be discriminated against by any person or body
providing such goods, facilities or services which the qualified
person seeks to obtain or use.
(2) This article applies to the provision (whether on payment
or not) of goods, facilities and services to the public or any article
of the public and includes in particular, but without prejudice to the
generality of the foregoing -
( a ) access to and use of any place which members of the
public or a section of the public are permitted to enter;
( b ) the provision of property rights and of housing;
( c ) accommodation in a hotel, boarding house or similar
establishment;
( d ) facilities by way of banking, insurance or for grants,
loans, credit or finance;
( e ) participation in occupational and other pension
schemes;
( f ) facilities for education;
( g ) facilities for entertainment, sports or recreation;
( h ) facilities for transport or travel by land, sea or air;
( i ) the services of any profession or trade, or of any local
or other public authority;
( j ) membership of associations, clubs or other
organisations;
( k ) enjoyment of civic rights and performance of civic
duties; and
( l ) such other facilities and services as the Minister may
prescribe by regulations made under this Act.
(3) The provisions of sub-articles (1) and (2) of this article
shall not apply where compliance with such provisions in relation
to a qualified person with a disability would be impracticable or
unsafe and could not be made practicable and safe by reasonable
modification to rules, policies or practices, or the removal of
architectural, communication or transport barriers or the provision
of auxiliary aids or services.
T I T L E  5 - A C C O M M O D A T I O N  
Accommodation.
article no person, whether as principal or agent, shall discriminate
against another person on the grounds of the disability of such
other person or a disability of any of the his family members - 
( a ) by refusing the application of such other person for
10 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
accommodation; or
( b ) in the terms or conditions on which the
accommodation is offered to such other person; or
( c ) by deferring the application of such other person for
accommodation or by according to such other person a
lower order of precedence in any list of applicants for
that accommodation; or
( d ) by denying such other person access, or limiting the
access of such other person, to any benefit associated
with accommodation occupied by such other person;
or
( e ) by evicting such other person from any
accommodation that is occupied by such other person;
or
( f ) by subjecting such other person to any other detriment
in relation to accommodation occupied by such other
person; or
( g ) by refusing to permit such other person to make
reasonable alterations to accommodation occupied by
such other person if -
(i) such other person has undertaken to restore at
his own expense the accommodation to its
condition before alteration on leaving the
accommodation and the action required to
restore the accommodation to its condition
before alteration, is, in fact, practicable;
(ii) the alteration does not involve the alteration of
premises occupied by other persons.
(2) The provisions of sub-article (1) of this article shall not
apply if -
( a ) the person who provides or proposes to provide the
accommodation or a near relative of that person,
resides and intends to continue to reside on those
premises; and
( b ) the accommodation provided in those premises could
cater for no more than four persons.
(3) The provisions of sub-article (1) of this article shall also
not apply if the provision of accommodation in premises where
special services or facilities would be required by the person with a
disability would impose unjustifiable hardship on the person
providing or proposing to provide the accommodation whether as
principal or agent.
T I T L E  6 - E X E M P T I O N S  
Positive 
discrimination.
15. Nothing under this Act shall in any way be constructed as
prohibiting any form of action that may be taken in the
circumstances of the case by any person, authority or institution to
ensure that persons who have a disability are in one way or
another-
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  11
( a ) granted equal opportunities with other person who do
not have a disability; or
( b ) accorded special treatment commensurate with their
special needs in the provision of goods, facilities,
services or opportunities in order to meet such special
needs; or
( c ) allowed grants, benefits or programmes, whether
direct or indirect, to meet their special needs,
with a view to the integration of such persons with other persons
who do not have a disability in matters related to employment,
education, accommodation, the provision of goods, services and
facilities, the administration of laws and their capacity to lead an
independent life within the community as a whole.
Insurance 
coverage.
16. (1) Notwithstanding any of the foregoing provisions of
this Act, a person shall not be deemed to discriminate against
another person on the grounds of disability of such other person by
refusing to offer to such person an insurance policy or by offering
discriminatory terms or conditions for insurance coverage,
provided that: 
(i) such decision is based on actuarial or statistical
data which is reasonably relevant to the
assessment of the risk insured; and
(ii) whenever such actuarial or statistical data is not
available and cannot reasonably be obtained,
such decision is reasonable having regard to any
other relevant factors which are relevant to the
assessment of the risk to be insured.
(2) A person may, for the purpose of this article only, require
from a person who requests insurance coverage, any further
information relevant to the assessment of the risk to be insured.
Acts done under 
authority.
17. Nothing under this Act shall in any way be construed as
prohibiting any person, authority or institution from complying
with an order or award of a court or tribunal.
Infectious diseases.
prohibiting any person, authority or institution from discriminating
against a person on the grounds of his disability if -
( a ) such disability constitutes an infectious or a
contagious disease; and
( b ) discrimination as aforesaid is considered by the health
authorities as imperative in the interests of public
health.
Exemption for 
charities.
19. The provisions of this Act shall not affect any provision in
a charitable instrument that confers charitable benefits, or enables
charitable benefits to be conferred, wholly or in part on persons
who have a disability or a particular disability.
12 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
P A R T  IV
T E S T   O F  R E A S O N A B L E N E S S
Test of 
reasonableness.
20. (1) For the purposes of this Act, in determining the
reasonableness of - 
( a ) any modification to rules, policies or practices; or 
( b ) the removal of architectural, communication or
transport barriers; or 
( c ) the provision of auxiliary aids or services, 
regard shall be had as to whether such actions could be undertaken
without unjustifiable hardship.
(2) The factors to be considered in determining whether such
actions could be undertaken without unjustifiable hardship shall
include -
( a ) the nature and cost of the actions in question;
( b ) the overall financial resources of the person, body,
authority or institution concerned and the effect on
expenses and resources or the impact of such actions
upon the operations of such person, body, authority or
institution; and
( c ) the availability of grants from public funds to defray
the expense of the said actions.
P A R T  V
T H E  N A T I O N A L  C O M M I S S I O N  P E R S O N S   W I T H  D I S A B I L I T Y
Appointment and 
composition of the 
National 
Commission 
Persons with 
Disability.
21. (1) The Prime Minister shall upon the advice of the
Minister appoint a Commission, called the National Commission
Persons with Disability (hereinafter referred to as the
"Commission") composed of not less than fourteen members.
Seven of the members shall be appointed from amongst such
persons appearing to the Prime Minister to best represent the
Ministries responsible for Social Policy, Labour, Health,
Education, Housing and Economic Planning. Another seven of the
members shall be appointed from among such persons who, in the
opinion of the Prime Minister, best represent voluntary
organisations working in the field of disability issues. 
(2) At least one half of the total number of the members of the
Commission shall themselves be persons with a physical disability
or family members of persons with a mental disability and if
possible, there shall be a balanced representation of women and
men.
(3) The Prime Minister shall appoint a Chairman and a Deputy
Chairman from amongst the members of the Commission one of
whom shall himself be a person with a disability or a family
member of a person with a mental disability.
Functions of the 
Commission.
22. The Commission, whilst paying particular attention to the
different needs of children, women and men with disability, shall -
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  13
( a ) identify, establish and update all national policies
directly or indirectly related to disability issues;
( b ) identify the needs of persons with disabilities, their
families and voluntary bodies working in the field of
disability issues and to take all necessary steps or
propose appropriate measures in order to cater for such
needs as much as possible;
( c ) ensure that all government programmes concerning the
affairs and interests of persons with disabilities, their
families and voluntary bodies working in the field of
disability issues, are implemented in accordance with
national policies for disability issues; 
( d ) ensure the necessary co-ordination between all
government departments and agencies in
implementing measures, services or initiatives
proposed by government or proposed by the
Commission from time to time;
( e ) keep direct and continuous contact with local and
foreign bodies working in the field of disability issues,
and with other groups, agencies or individuals as the
need arises;
( f ) monitor the provision of services offered by
government or its agencies or by any other person or
group of persons, where the clients of such services
are persons with disability;
( g ) work towards the elimination of discrimination against
people with disabilities;
( h ) carry out general investigations with a view to
determining whether the provisions of this Act are
being complied with;
( i ) investigate such complaints as may be made to them of
failure to comply with any provision of this Act in an
individual case and, where it seems appropriate,
conciliate in relation to such complaints;
( j ) inquire into, and make determinations on, matters
referred to it by the Minister;
( k ) provide, where and as appropriate, assistance,
including legal and financial assistance, to persons
with disabilities in enforcing their rights under this
Act;
( l ) keep under review the working of this Act and, when
deemed fit by the Commission or so required by the
Minister, draw up and submit to the Minister proposals
for amendments to same; 
( m ) examine enactments, and (when requested to do so by
the Minister) propose enactments, for the purpose of
ascertaining whether the enactments or proposed
enactments are or would be, inconsistent with or
contrary to the objects of this Act, and to report to the
Minister the results of any such examination;
14 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
( n ) provide all such services that may be necessary or
required for the Commission to attain its objectives;
( o ) collate, analyse and publish statistics related to the
disability sector which,  inter alia , indicates the
national level achieved in inclusive policy.
Legal status of the 
Commission.
23. On the appointment by the Prime Minister of the first
members, the Commission shall have its own legal personality and
its legal and judicial representation shall vest in the Chairman or
the Deputy Chairman; provided that the Commission may appoint
any one or more of its members or any one or more of its officers or
employees, to appear in its name and on its behalf in any judicial
proceedings and on any act, contract, agreement or other document
whatsoever.
24. (1) Every member of the Commission shall hold office for
a term of two years and may be re-appointed at the end of his term
of office.
(2) The Prime Minister may terminate the appointment of a
Commission member if he is satisfied that -
( a ) without the consent of the Commission, he failed to
attend the meetings of the Commission during a
continuous period of six months;
( b ) he is an undischarged bankrupt, or has made an
arrangement with his creditors, or is insolvent or has
been found guilty of any voluntary crime against a
person;
( c ) he is incapable of carrying out his duties;
( d ) if, being a member chosen on the basis of his
representative status, he ceases to retain such
representative status.
Proceedings and 
business.
25. (1) The quorum of the Commission shall be of five
members, one of whom shall be the Chairman or the Deputy
Chairman.
(2) The validity of any proceedings of the Commission shall
not be affected by any vacancy among the members of the
Commission or by any defect in the appointment of any member. 
(3) Decisions of the Commission shall be taken by majority of
the votes of the members present. The Chairman or, in his absence,
the Deputy Chairman, shall also have a casting vote.
(4) Subject to the provisions of this Act and of any regulations
made thereunder, the Commission may appoint sub- committees
and, in general, shall regulate its own proceedings.
Personnel of the 
Commission.
26. (1) The Commission shall be administered by a full time
Executive Director who shall hold office under such terms and
conditions as the Commission, with the concurrence of the
Minister, may establish. Where the Executive Director is a public
officer seconded from the government, he shall have the right, on
the termination of his secondment, to revert to his former post
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  15
without loss of rank or seniority.
(2) The Commission may, after consultation with the Minister,
appoint such officers as it may think fit, subject to the approval of
the Minister as to numbers and as to remuneration and other terms
and conditions of service.
(3) The Commission shall deal with all documents and other
information in its possession or under its control, or otherwise
coming to its notice, concerning persons with disability, and all
matters and things relating to such persons, as confidential and the
obligation of confidentiality imposed upon the Commission shall
extend to all the members of the Commission, the Executive
Director and to all the officials and servants of the Commission.
Detailing of public 
officers for duty 
with the 
Commission.
27. (1) The Prime Minister may, at the request of the
Commission, from time to time direct that any public officer shall
be detailed for duty with the Commission in such capacity and with
effect from such date as may be specified in the direction.
(2) The period during which a direction as aforesaid shall
apply to any officer specified therein shall, unless the officer retires
from the public service, or otherwise ceases to hold office at an
earlier date, or a different date is specified in the direction, end on
the happening of any of the following events, that is to say -
( a ) the acceptance by such officer of an offer of transfer to
the service of, and permanent employment with the
Commission made in pursuance of sub-article (8) of
this article; or
( b ) the revocation by the Prime Minister of any direction
made by him under this article in relation to such
officer.
(3) Where a direction as aforesaid is revoked by the Prime
Minister in relation to any officer, the Prime Minister may, by
further direction, detail such officer for duty with the Commission
in such capacity and with effect from such date as may be specified
in the further direction, and the provisions of sub-article (2) of this
article shall thereupon apply to the period of duration of such
further direction in relation to such officer.
(4) When a public officer is detailed for duty with the
Commission under any of the provisions of this article, such officer
shall, during the time the direction has effect in relation to him, be
under the administrative authority and control of the Commission,
but he shall for other intents and purposes remain, and be
considered and treated as, a public officer.
(5) Without prejudice to the generality of the foregoing, a
public officer detailed for duty as aforesaid -
( a ) shall not during the time while such officer is so
detailed -
(i) be precluded from applying for a transfer to a
department of the Government in accordance
with the terms and conditions of service attached
to the appointment under the Government held
16 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
by him at the date on which he was detailed for
duty; or
(ii) be so employed that his remuneration and
conditions of service are less favourable than
those which are attached to the appointment
under the Government held by him at the date he
was detailed for duty as aforesaid or which
would have become attached to such
appointment, during the said period, had such
officer not been detailed for duty with the
Commission; and
Cap. 93.
Cap. 58.
( b ) shall be entitled to have his service with the
Commission considered as service with the
Government for the purpose of any pension, gratuity
or benefit under the Pensions Ordinance and the
Widows’ and Orphans’ Pension Act, and of any other
right or privilege to which he would be entitled, and
shall be liable to any liability to which he would be
liable, but for the fact that he is detailed for duty with
the Commission.
(6)  Where an application is made as provided in subparagraph
(i) of paragraph ( a ) of sub-article (5) of this article, the same
consideration shall be given thereto as if the applicant had not been
detailed for duty with the Commission.
(7) The Commission shall pay to the Government such
contributions as may from time to time be determined by the
Minister responsible for Finance in respect of the cost of pensions
and gratuities earned by an officer detailed for duty with the
Commission as aforesaid during the period in which he is so
detailed.
(8) The Commission may, with the approval of the Prime
Minister, offer to any public officer detailed for duty with the
Commission under sub-article (2) of this article permanent
employment with the Commission at a remuneration and on terms
and conditions specified in the offer.
Cap. 93.
Cap. 58.
(9) Every public officer who accepts permanent employment
with the Commission offered to him pursuant to this article shall,
for all purposes other than those of the Pensions Ordinance and the
Widows’ and Orphans’ Pensions Act, cease to be in the service of
the Government and shall enter into service with the Commission
with effect from the date of his acceptance of the offer, or such
other date agreed between him and the Commission; and for the
purposes of the said Ordinance and the said Act, service with the
Commission shall be deemed to be service with the Government
within the meaning thereof:
Provided that for the purposes of the said Pensions
Ordinance, the pensionable emoluments of such officer on
retirement shall be deemed to be the pensionable emoluments
payable to an officer in Government service in a grade and at an
incremental level corresponding to the post and incremental level at
which the officer retires from the Commission.
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  17
Financing of the 
Commission.
Cap. 93.
Cap. 58.
28.  At least two months prior to the end of its financial year,
the Commission shall submit to the Minister, a business plan
(including a financial plan) covering the proposed activities of the
Commission during the following financial year. If approved by the
Minister and by the Minister of Finance, such business plan, shall
be the approved budget of the Commission.
Accounts and 
audit.
29. (1) The Commission shall keep proper accounts of their
income and expenditure and shall prepare and send to the Minister
statements of account in relation to each financial year of the
Commission.
(2) The accounts of the Commission shall be audited by an
auditor or auditors to be appointed by it and approved by the
Minister:
Provided that the Minister responsible for Finance may
require the books and other records of the Commission to be
audited or examined by the Director of Audit who shall for this
purpose have power to carry out such physical checking and other
verifications, and may demand and acquire such information, as he
may deem necessary.
(3) The financial year of the Commission shall be the twelve
months ending on the 31st of December, provided that the first
financial year of the Commission shall commence on the date of the
coming into force of this Act and shall end on the 31st day of
December of the following year.
Annual report.
year, but in any case not later than the 31st day of March of the
following year, the Commission shall submit to the Minister a
report on its activities during the year, hereinafter referred to as an
"Annual Report".
(2) Each Annual Report shall include a general report of
developments during the period to which it relates in respect of
matters falling within the scope of the duties of the Commission
and shall also include activities and initiatives undertaken to
examine and, or, provide for the different needs of children, women
and men with disabilities.
(3) The Minister shall, as soon as practicable, but in any case
not later than two months after its submission, to him by the
Commission, cause a copy of such report together with copies of
the current Commission business plan and the financial plan, to be
laid before the House of Representatives.
Exemption from 
tax and duties.
31.  The Commission shall be exempt from any liability for the
payment of income tax.
P A R T  VI
C O M P L A I N T S , I N V E S T I G A T I O N S   A N D  E N F O R C E M E N T
Complaints and 
investigations.
32. (1) The Commission may itself initiate investigations on
any matter involving an act that is allegedly unlawful under any of
the provisions of this Act.
18 ġ CAP. 413. EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY)
(2) The Commission may also initiate investigations on the
receipt of a complaint in writing alleging that a person has
committed an act that is unlawful under any of the provisions of
this Act. Such complaint may be lodged with the Commission by:
( a ) any person aggrieved by the act; or
( b ) any person who is the parent, or legal curator or family
member of a person with a mental disability.
(3) If it appears to the Commission that a person wishes to
make a complaint under sub-article (2) of this article and that
person requires assistance to formulate the complaint orally and,
or, in writing, it shall be the duty of the Commission to take
reasonable steps to provide appropriate assistance to that person.
Investigation 
procedures.
33. (1) In respect of general investigations or investigations of
complaints undertaken by the Commission, the Minister shall
prescribe by regulations -
( a ) the procedure whereby the Commission may require a
person to furnish any information as is necessary for
the investigations aforesaid in this article, and the
time, manner, and form in which such information is to
be furnished;
( b ) the procedures to be followed where a person fails to
supply such information; 
( c ) the circumstances in which, following these
investigations aforesaid, the Commission may take
appropriate legal action.
(2) Any regulations made under sub-article (1) of this article
shall prescribe, in the case of an alleged discrimination by one
person against another, the arrangements whereby the Commission
may itself refer the matter to the First Hall of the Civil Court:
Provided that no such referral shall prevent an individual
having a legal interest from making a claim of discrimination the
subject of an action, including an action for damages before the
said Court.
Civil proceedings. 34. A claim by any person having a legal interest in the matter,
made personally or through his or her legal representative, that
another person has committed an unlawful act of discrimination
against him or her as provided for under this Act shall be subject to
civil action in like manner as any other claim for damages; and any
damages in respect of an unlawful act of discrimination may
include compensation for injury to feelings whether or not they
include compensation under any other head, up to a maximum of
two hundred liri as the court may declare.
P A R T  VII
M I S C E L L A N E O U S
Regulations. 35. (1) The Minister may make regulations generally for
giving effect to the provisions of this Act, and the enforcement
EQUAL OPPORTUNITIES (PERSONS WITH DISABILITY) ġ CAP. 413.  19
thereof, and in particular, but without prejudice to the generality of
the foregoing -
( a ) for providing for any matter which is required or
authorised by this Act to be prescribed; and, or,
( b ) for the exemption of any person, or class of persons or
body, from any of the requirements of Part III of this
Act as may be specified in the aforesaid regulations;
provided that any such exemption shall only be
declared by the Minister after consultation with the
Commission and provided that such exemption shall
be for a specified period of time which can be renewed
by the Minister after consultation with the
Commission.
(2) Any regulations made by virtue of this article may specify
different periods of exemption in relation to -
( a ) the provision of different goods, facilities or services;
( b ) different persons or bodies; or
( c ) different classes of persons or bodies.
