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Chapter-10 Responsibility towards the Persons with Disabilities

 

  1. Responsibility of the Government of Nepal, Provincial Government and Local Level: (1) It shall be the responsibility of the Government of Nepal, Provincial Government and Local Level to implement, or cause to be implemented, effectively the rights of the persons with disabilities.

                        (2) It shall be the responsibility of the Government of Nepal, Provincial Government and Local Level to provide easily such support as may be provided to the persons with disabilities from the State.

(3) It shall be the responsibility of the concerned Local Level to provide such services, facilities and opportunities to the persons with disabilities within its jurisdiction as may be provided as the local level.

(4) The Government of Nepal shall take such measures as prescribed in order to ensure that there exists the environment that enables the persons with disabilities to make living with respect and dignity without any discrimination, on an equal basis with others.

  1. Responsibility of educational institutes: It shall be the responsibility of the concerned educational institute to effectively implement the education related provisions provided by this Act for the persons with disabilities.
  2. Responsibility of family member and guardian: (1) The family member or guardian shall look after, maintain, and provide opportunity of education to, the persons with disabilities, by having special regard according to the condition of disability.

                        (2) In cases where a person with disability may suffer further risk if his or her treatment is not made, the family member or guardian shall immediately take him or her to the nearby hospital or such health institution as specified by the Government of Nepal for his or her treatment.

(3) No person with disability shall be expelled from the home or family or be disregarded.

(4) The Government of Nepal, Provincial Government and Local Level may provide self-care and maintenance related training and other necessary service, support to the families of the persons with disabilities in a manner to assist them in the performance of the responsibility towards such persons.

  1. Responsibility of medical doctor: (1) If a medical doctor considers that there is a risk that any person present before him or her for treatment may have disability, the doctor shall give information thereof to the concerned person and make treatment by having proper regard to that also.

                        (2) A medical doctor shall make treatment of a person with disability in a disability friendly environment by giving priority to such a person, and if, for any reason, such a doctor is not in a position to make treatment of such a person, he or she shall make recommendation to the place where such treatment may be possible.

  1. Social responsibility towards the persons with disabilities: (1) An enterprise and educational institute shall set aside under the social responsibility such amount as prescribed from their income for the promotion and enhancement of the opportunities of health, education, employment of the persons with disabilities.

                        (2) A development partner engaged in Nepal shall spend such amount as determined by the Ministry of Finance, out of the total amount to be spent in development programs of Nepal, for the empowerment of the persons with disabilities and rehabilitation related activities referred to in this Act.

(3) The amount referred to in sub-section (1) shall be used as prescribed.

(4) The owner or operator of a means of transport shall reserve seats in such a number as prescribed for the persons with disabilities, in public means of transport including bus, rail, aircraft.

  1. Priority may be accorded to services, facilities according to classification: In providing any services, facilities and concessions to the persons with disabilities from the State, priority shall be accorded on the basis of the degree, gravity of disability or economic condition of a person with disability.