The Council shall promote the establishment and maintenance of institutions for persons with severe disabilities at such places as it thinks fit.

The Council shall promote and advise in the development and implementation by local authorities, community based organizations and other stakeholders, of suitable community based rehabilitation and welfare programs for the inclusion, integration, maintenance, care and support of children and persons with disabilities, including offenders with disabilities who may at the material time be serving a probationary sentence and ex-prisoners, in the respective communities.

To this end, training under community rehabilitation program shall include vocational and trade skills, independent living skills and capacity building of children and persons with disabilities for effective rehabilitation and inclusion of children and persons with disabilities in the community.

Where the Council is of the opinion that any institution other than an institution established under subregulation (1) is fit for the rehabilitation of the persons with severe disabilities, the Council may recognize such institution as an institution for persons with severe disabilities for the purposes of this Regulation.

No institution shall be recognized under this regulation unless such institution has complied with the requirements of these Regulations.

A person with a disability to whom subsection (1) refers shall apply to the Council for consideration for admission in an institution with a view to his/her rehabilitation, care and maintenance for a period not exceeding 12 months, provided that the Council shall thereafter facilitate the implementation of community based care, support and maintenance of children and persons with severe disabilities in the community.

In determining any case or application for admission of a person with severe disability in any institution established under this regulation, the Council shall at its own discretion consider the age, gender, economic status, family background, special needs and nature of disability of the applicant, and the suitability of the proposed institution.

The Council may, by writing, delegate any of its powers under the provisions of this Act, in relation to any particular matters, or class of matters or to any particular place, area, district or region, so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified in the place, area, district or region specified in the instrument of delegation.

For the purposes of this section "person with severe disabilities" means a person who, in the opinion of a medical professional approved by the Council, has eighty per cent or more of one or more disabilities.

Where it is established that any person has been guilty of wilful neglect to provide reasonable care and maintenance in respect of a person with a disability for whose care and maintenance the person is by or under any law responsible, the court may, on the application of either the person with a disability or the Council, order that the person makes monthly payments towards the maintenance of that person with a disability as the court may think just having regard to the means of the person.

Without prejudice to the foregoing, the court may, in exercise of its discretion under this subregulation, reprimand, warn, or order the attachment of the assets of, the defaulting party and direct that the same be administered by any person or community based organization appointed by the court for the care and maintenance of the person with disability.

The court shall have power from time to time by an order under this regulation to vary or discharge any previous order made in this regard.

Where the court makes an order under subregulation (1) of this Regulation the court may, if it thinks fit, order that any person shall, to the satisfaction of the court, secure the monthly payments to a person with disability and may for that purpose give any directions it may consider necessary.

The Council may establish and maintain general institutions for persons with disabilities at such places as it may think fit.

Without prejudice to the provisions of regulations 5 and 6, where a person with a disability has no person who can provide for his care and maintenance or where, owing to the special nature of his disability, such a person must be admitted in an institution for the person with a disabilities specially established to cater for such disability, the person may be admitted in an institution for persons with disabilities established under paragraph (1), or the Council may recommend admission into an institution which caters for the special disability as the case may be.

A person with a disability to which subrule (1) refers, other than a person with a special disability as referred to in that subregulation, shall apply to the Council for consideration for admission in a general institution for person with a disabilities.

The Council may specify conditions for admission of persons with disabilities into a general institution for persons with disabilities established under this regulation.

The Council may, by writing, delegate any of its powers under the provisions of this Act, in relation to any particular matters, or class of matters or to any particular place, area, district or region, so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified in the place, area, district or region specified in the instrument of delegation.

Every institution established under regulations 1 and 6 shall be maintained in such manner and satisfy such conditions as may be specified by the Council.

The funding of institutions referred to in subregulation (1) shall be subject to section 33 of the Act.

Where a person with a disability is unable to make application for admission into an institution of persons with disabilities under these Regulations, the application may be made by a designated officer of the Council to whom the application may be made or by any other person chosen by the person with a disability.

The application referred to in paragraph (1) shall be in such form as may from time to time be specified by the Council.

Every local authority shall, either alone or in collaboration with any person or institution, establish, operate, manage and maintain facilities for the care and maintenance of persons with disabilities.

At purchase or construction or basic repair of a dwelling house, a person with severe disabilities may be advanced credit of up to seventy-five per cent of the value of a standard living area.

The extent of the standard referred to in subregulation (3), the conditions and the order for providing credit, shall be determined by the Council with the approval of the Minister.

The Council shall, from the Fund established under the Act, facilitate access to residences for persons with severe disabilities.

The parents or guardian of a person with a disability who is under eighteen years of age and with severe disabilities which require specialized care shall be entitled to a monthly allowance of such amount as may be determined by the Council and approved by the Minister.

The allowances referred to under subregulation (1) shall, unless the Council is satisfied that owing to the severity of the disability the circumstances of any particular case so warrant, terminate on the attainment by the person with disability of the age of eighteen years.

Beyond the age of eighteen, the allowances payable under this regulation shall be paid directly to the person with disability and such person may be treated in his own right under the other regulations for Cost, Care and Maintenance, and the Council may recommend the person to whom such allowance may be made.

The parents of a person with severe disabilities shall not receive a monthly allowance if the persons under subregulation (1) are accommodated in an institution with full Government support.

Any institution or organization referred to in section 33(2)(a) and (b) of the Act may, in such form as the Council may from time to time specify, apply to the Council for financial assistance in furtherance of the objects of such institutions.

The Council shall, before considering any application under this regulation, ascertain that the institution is registered under the Act.

Any contribution or funding given by the Council under this regulation shall be within the limits of the economic capacity of the Council.

The Council shall promote the establishment and maintenance of institutions for persons with severe disabilities at such places as it thinks fit.

The Council shall promote and advise in the development and implementation by local authorities, community based organizations and other stakeholders, of suitable community based rehabilitation and welfare programs for the inclusion, integration, maintenance, care and support of children and persons with disabilities, including offenders with disabilities who may at the material time be serving a probationary sentence and ex-prisoners, in the respective communities.

To this end, training under community rehabilitation program shall include vocational and trade skills, independent living skills and capacity building of children and persons with disabilities for effective rehabilitation and inclusion of children and persons with disabilities in the community.

Where the Council is of the opinion that any institution other than an institution established under subregulation (1) is fit for the rehabilitation of the persons with severe disabilities, the Council may recognize such institution as an institution for persons with severe disabilities for the purposes of this Regulation.

No institution shall be recognized under this regulation unless such institution has complied with the requirements of these Regulations.

A person with a disability to whom subsection (1) refers shall apply to the Council for consideration for admission in an institution with a view to his/her rehabilitation, care and maintenance for a period not exceeding 12 months, provided that the Council shall thereafter facilitate the implementation of community based care, support and maintenance of children and persons with severe disabilities in the community.

In determining any case or application for admission of a person with severe disability in any institution established under this regulation, the Council shall at its own discretion consider the age, gender, economic status, family background, special needs and nature of disability of the applicant, and the suitability of the proposed institution.

The Council may, by writing, delegate any of its powers under the provisions of this Act, in relation to any particular matters, or class of matters or to any particular place, area, district or region, so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified in the place, area, district or region specified in the instrument of delegation.

For the purposes of this section "person with severe disabilities" means a person who, in the opinion of a medical professional approved by the Council, has eighty per cent or more of one or more disabilities.

Where it is established that any person has been guilty of wilful neglect to provide reasonable care and maintenance in respect of a person with a disability for whose care and maintenance the person is by or under any law responsible, the court may, on the application of either the person with a disability or the Council, order that the person makes monthly payments towards the maintenance of that person with a disability as the court may think just having regard to the means of the person.

Without prejudice to the foregoing, the court may, in exercise of its discretion under this subregulation, reprimand, warn, or order the attachment of the assets of, the defaulting party and direct that the same be administered by any person or community based organization appointed by the court for the care and maintenance of the person with disability.

The court shall have power from time to time by an order under this regulation to vary or discharge any previous order made in this regard.

Where the court makes an order under subregulation (1) of this Regulation the court may, if it thinks fit, order that any person shall, to the satisfaction of the court, secure the monthly payments to a person with disability and may for that purpose give any directions it may consider necessary.

The Council may establish and maintain general institutions for persons with disabilities at such places as it may think fit.

Without prejudice to the provisions of regulations 5 and 6, where a person with a disability has no person who can provide for his care and maintenance or where, owing to the special nature of his disability, such a person must be admitted in an institution for the person with a disabilities specially established to cater for such disability, the person may be admitted in an institution for persons with disabilities established under paragraph (1), or the Council may recommend admission into an institution which caters for the special disability as the case may be.

A person with a disability to which subrule (1) refers, other than a person with a special disability as referred to in that subregulation, shall apply to the Council for consideration for admission in a general institution for person with a disabilities.

The Council may specify conditions for admission of persons with disabilities into a general institution for persons with disabilities established under this regulation.

The Council may, by writing, delegate any of its powers under the provisions of this Act, in relation to any particular matters, or class of matters or to any particular place, area, district or region, so that the delegated powers may be exercised by the delegate with respect to the matters or class of matters specified in the place, area, district or region specified in the instrument of delegation.

Every institution established under regulations 1 and 6 shall be maintained in such manner and satisfy such conditions as may be specified by the Council.

The funding of institutions referred to in subregulation (1) shall be subject to section 33 of the Act.

Where a person with a disability is unable to make application for admission into an institution of persons with disabilities under these Regulations, the application may be made by a designated officer of the Council to whom the application may be made or by any other person chosen by the person with a disability.

The application referred to in paragraph (1) shall be in such form as may from time to time be specified by the Council.

Every local authority shall, either alone or in collaboration with any person or institution, establish, operate, manage and maintain facilities for the care and maintenance of persons with disabilities.

At purchase or construction or basic repair of a dwelling house, a person with severe disabilities may be advanced credit of up to seventy-five per cent of the value of a standard living area.

The extent of the standard referred to in subregulation (3), the conditions and the order for providing credit, shall be determined by the Council with the approval of the Cabinet Secretary.

The parents or guardian of a person with a disability who is under eighteen years of age and with severe disabilities which require specialized care shall be entitled to a monthly allowance of such amount as may be determined by the Council and approved by the Cabinet Secretary.

The allowances referred to under subregulation (1) shall, unless the Council is satisfied that owing to the severity of the disability the circumstances of any particular case so warrant, terminate on the attainment by the person with disability of the age of eighteen years.

Beyond the age of eighteen, the allowances payable under this regulation shall be paid directly to the person with disability and such person may be treated in his own right under the other regulations for Cost, Care and Maintenance, and the Council may recommend the person to whom such allowance may be made.

The parents of a person with severe disabilities shall not receive a monthly allowance if the persons under subregulation (1) are accommodated in an institution with full Government support.

Any institution or organization referred to in section 33(2)(a) and (b) of the Act may, in such form as the Council may from time to time specify, apply to the Council for financial assistance in furtherance of the objects of such institutions.

The Council shall, before considering any application under this regulation, ascertain that the institution is registered under the Act.

Any contribution or funding given by the Council under this regulation shall be within the limits of the economic capacity of the Council.

An application for registration under section 7(1)(c) of the Act shall be made to the Council in Form 1 set out in the Schedule.

In addition to the information required to be furnished in the prescribed form the applicant shall furnish such further information and material as may be required by the Council for the proper evaluation of the application.

Any person who provides false information under this regulation commits an offence and is liable on conviction to a fine not exceeding six thousand shillings or to imprisonment for a term of six months.

Subject to this regulation, no fee may be charged in respect of an application made under regulation 3.

A fee of fifty shillings shall be payable for the issue of a duplicate copy of the certificate of registration if the original is defaced, damaged or lost and the duplicate copy so issued shall bear the words "DUPLICATE COPY".

A person with a disability may apply to have his or her name and particulars entered in the register of persons with disabilities.

An applicant under subregulation (1) may be required to attend such interview, medical examination and other assessment as the Council may consider necessary.

Where the person with disability is a minor or is otherwise incapacitated or the extent or nature of the disability is such that personal application for registration by him or her is not possible, his or her guardian, custodian or caretaker, as the case may be, may submit the application for registration on behalf of the person with disability.

The Council may, notwithstanding that no application has been made by a person under subregulations (1) or (3), on the application of any other person or on its own motion, if satisfied that it is in the best interests of a person with disability to be registered, and after affording the person with disability and any other interested or affected person an opportunity to be heard, register such person in the register of persons with disabilities.

A person who is aggrieved by the decision of the Council to register him or her under subregulation (4) may apply to the High Court for an order to remove to the High Court and quash such decision.

The Council may require a representative of an applicant under this regulation to attend an interview and may visit and inspect the offices or premises of the applicant.

The Council may notwithstanding that no application has been made by an institution under subregulations (1), on the application of any other person or on its own motion, if satisfied that it is in the best interests of persons with disability so to do, and after affording the institution and any other interested or affected person an opportunity to be heard, register such institution.

The Council may visit and inspect the offices or premises of any organization or institution that holds itself out as being an organization of or for persons with disabilities, notwithstanding that the organization is not registered under these Regulations.

The Council shall consider an application made under regulation 4, and may make such enquiries as it may consider necessary and, where it is satisfied that the applicant has complied with the requirements of these Regulations, it shall register the applicant and issue a certificate of registration which shall be in Form 2 set out in the Schedule.

If the Council is not satisfied as to the particulars provided by the applicant, it may, after providing an opportunity to the applicant to be heard, reject the application for registration of the applicant, and shall inform the applicant in writing of such rejection and the reasons for the rejection.

A certificate of registration issued under these Regulations shall, unless earlier suspended or revoked, be in force for a period of five years from the date of issue, and may thereafter be renewed for periods not exceeding five years at any one time.

If an application for renewal is made before the expiration of the period of validity of the certificate of registration the certificate shall remain in force until the application is approved; except that where the application for renewal is made after the expiration of the period of validity of the certificate of registration the application shall be considered as a fresh application and the provisions of regulations 6 and 7 shall apply accordingly.

The Council may, on the application of any person or on its own motion, revoke a certificate of registration issued under these Regulations or suspend it for such period as the Council may determine.

Any person who is aggrieved by a decision or order of the Council refusing to grant a certificate or revoking or suspending a certificate may, within thirty days from the date of the Order, appeal to the Minister against such decision or order.

The decision of the Minister on an appeal under subregulation (1) shall be final.

Notwithstanding anything in these Regulations, the Council may on the application of a person with disability remove the name of a person from the register of persons with disabilities if it is satisfied that there are sufficient reasons to do so.

Any person who, being responsible for the management of an organization of or for persons with disability that is required to be registered under these Regulations, wilfully fails or refuses to apply for such registration, commits an offence and is liable upon conviction to a fine of six thousand shillings or to imprisonment for a period of six months, or to both such fine and imprisonment.

An application for registration under section 7(1)(c) of the Act shall be made to the Council in Form 1 set out in the Schedule.

In addition to the information required to be furnished in the prescribed form the applicant shall furnish such further information and material as may be required by the Council for the proper evaluation of the application.

Any person who provides false information under this regulation commits an offence and is liable on conviction to a fine not exceeding six thousand shillings or to imprisonment for a term of six months.

Subject to this regulation, no fee may be charged in respect of an application made under regulation 3.

A fee of fifty shillings shall be payable for the issue of a duplicate copy of the certificate of registration if the original is defaced, damaged or lost and the duplicate copy so issued shall bear the words "DUPLICATE COPY".

A person with a disability may apply to have his or her name and particulars entered in the register of persons with disabilities.

An applicant under subregulation (1) may be required to attend such interview, medical examination and other assessment as the Council may consider necessary.

Where the person with disability is a minor or is otherwise incapacitated or the extent or nature of the disability is such that personal application for registration by him or her is not possible, his or her guardian, custodian or caretaker, as the case may be, may submit the application for registration on behalf of the person with disability.

The Council may, notwithstanding that no application has been made by a person under subregulations (1) or (3), on the application of any other person or on its own motion, if satisfied that it is in the best interests of a person with disability to be registered, and after affording the person with disability and any other interested or affected person an opportunity to be heard, register such person in the register of persons with disabilities.

A person who is aggrieved by the decision of the Council to register him or her under subregulation (4) may apply to the High Court for an order to remove to the High Court and quash such decision.

The Council may require a representative of an applicant under this regulation to attend an interview and may visit and inspect the offices or premises of the applicant.

The Council may notwithstanding that no application has been made by an institution under subregulations (1), on the application of any other person or on its own motion, if satisfied that it is in the best interests of persons with disability so to do, and after affording the institution and any other interested or affected person an opportunity to be heard, register such institution.

The Council may visit and inspect the offices or premises of any organization or institution that holds itself out as being an organization of or for persons with disabilities, notwithstanding that the organization is not registered under these Regulations.

The Council shall consider an application made under regulation 4, and may make such enquiries as it may consider necessary and, where it is satisfied that the applicant has complied with the requirements of these Regulations, it shall register the applicant and issue a certificate of registration which shall be in Form 2 set out in the Schedule.

If the Council is not satisfied as to the particulars provided by the applicant, it may, after providing an opportunity to the applicant to be heard, reject the application for registration of the applicant, and shall inform the applicant in writing of such rejection and the reasons for the rejection.

A certificate of registration issued under these Regulations shall, unless earlier suspended or revoked, be in force for a period of five years from the date of issue, and may thereafter be renewed for periods not exceeding five years at any one time.

If an application for renewal is made before the expiration of the period of validity of the certificate of registration the certificate shall remain in force until the application is approved; except that where the application for renewal is made after the expiration of the period of validity of the certificate of registration the application shall be considered as a fresh application and the provisions of regulations 6 and 7 shall apply accordingly.

The Council may, on the application of any person or on its own motion, revoke a certificate of registration issued under these Regulations or suspend it for such period as the Council may determine.

Any person who is aggrieved by a decision or order of the Council refusing to grant a certificate or revoking or suspending a certificate may, within thirty days from the date of the Order, appeal to the Cabinet Secretary against such decision or order.

The decision of the Cabinet Secretary on an appeal under subregulation (1) shall be final.

Notwithstanding anything in these Regulations, the Council may on the application of a person with disability remove the name of a person from the register of persons with disabilities if it is satisfied that there are sufficient reasons to do so.

Any person who, being responsible for the management of an organization of or for persons with disability that is required to be registered under these Regulations, wilfully fails or refuses to apply for such registration, commits an offence and is liable upon conviction to a fine of six thousand shillings or to imprisonment for a period of six months, or to both such fine and imprisonment.

The Minister shall by notice in the Gazette notify the appointment of members of the Board.

Subject to the Act, no person who is a member of the Council may be appointed to the Board.

The Chairperson or a member of the Board other than ex officio members shall, subject to the provisions of this Schedule, hold office for a period of three years, on such terms and conditions, subject to the Trustees Act and other laws governing trustees, as may be specified by the Council in the instrument of appointment, but shall be eligible for re-appointment for one further term.

The Board shall, at its first meeting, elect a chairperson and a Vice-Chairperson from amongst its members and shall thereupon forward the names of the persons so elected to the Minister for gazettement.

The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.

Notwithstanding paragraph (2), the Chairperson may, and upon requisition in writing by at least five members shall, convene a special meeting of the Board at any time for the transaction of the business of the Board.

Unless three quarters of the total members of the Board otherwise agree, at least fourteen days’ written notice of every meeting of the Board shall be given to every member of the Board.

The quorum for the conduct of the business of the Board shall be more than half of the total members including the Chairperson or the person presiding.

The Chairperson or in his absence, the Vice-Chairperson, shall preside at every meeting of the Board but the members present shall elect one of their number to preside whenever the Chairperson and Vice-Chairperson are absent, and the person so elected shall have all the powers of the Chairperson with respect to that meeting and the business transacted thereat.

Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

Subject to paragraph (5), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

Subject to the provisions of these Regulations, the Board may determine its own procedure and the procedure for any committee of the Board and for the attendance of other persons at its meetings and may make standing orders in respect thereof.

The Board may establish such committees as it may deem appropriate to perform such functions and responsibilities as it may determine.

The Board shall appoint the Chairperson of a committee established under paragraph (1) from amongst its members.

The Board may where it deems appropriate, co-opt any person to attend the deliberations of any of its committees.

All decisions by the committees appointed under paragraph (1) shall be ratified by the Board.

A member who has an interest in any contract, or other matter, present at a meeting shall at the meeting and as soon as reasonably practicable after the commencement, disclose the fact thereof and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

A disclosure of interest made under paragraph (1) shall be recorded in the minutes of the meeting at which it is made.

A member of the Board who contravenes paragraph (1) commits an offence and is liable to a fine not exceeding six thousand shillings or to imprisonment for a term of six months, or to both.

The Council shall respect the need for the operational independence of the Board and shall not seek to unduly control or direct the Board in the discharge of its functions.

Notwithstanding paragraph (1), the Board shall prepare and submit to the Council an annual report on the discharge of its functions in each year.

No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any action, claim or demand whatsoever.

The provisions of paragraph (1) shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by the Act or by failure, whether wholly or partially, of any works.

The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board.

The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson and the secretary to the Board and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the secretary to the Board.

Not withstanding the provisions of paragraph (2) the Board shall, in the absence of either the Chairperson or the secretary to the Board in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the secretary to the Board.

The common seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this regulation shall be presumed to have been duly given.

The Cabinet Secretary shall by notice in the Gazette notify the appointment of members of the Board.

Subject to the Act, no person who is a member of the Council may be appointed to the Board.

The Chairperson or a member of the Board other than ex officio members shall, subject to the provisions of this regulations, hold office for a period of three years, on such terms and conditions, subject to the Trustees Act and other laws governing trustees, as may be specified by the Council in the instrument of appointment, but shall be eligible for re-appointment for one further term.

The Board shall, at its first meeting, elect a Chairperson and a vice-Chairperson from amongst its members and shall thereupon forward the names of the persons so elected to the Cabinet Secretary for gazettement.

The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.

Notwithstanding paragraph (2), the Chairperson may, and upon requisition in writing by at least five members shall, convene a special meeting of the Board at any time for the transaction of the business of the Board.

Unless three quarters of the total members of the Board otherwise agree, at least fourteen days’ written notice of every meeting of the Board shall be given to every member of the Board.

The quorum for the conduct of the business of the Board shall be more than half of the total members including the Chairperson or the person presiding.

The Chairperson or in his absence, the vice-Chairperson, shall preside at every meeting of the Board but the members present shall elect one of their number to preside whenever the Chairperson and vice-Chairperson are absent, and the person so elected shall have all the powers of the Chairperson with respect to that meeting and the business transacted thereat.

Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

Subject to paragraph (5), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

Subject to the provisions of these Regulations, the Board may determine its own procedure and the procedure for any committee of the Board and for the attendance of other persons at its meetings and may make standing orders in respect thereof.

The Board may establish such committees as it may deem appropriate to perform such functions and responsibilities as it may determine.

The Board shall appoint the Chairperson of a committee established under paragraph (1) from amongst its members.

The Board may where it deems appropriate, co-opt any person to attend the deliberations of any of its committees.

All decisions by the committees appointed under paragraph (1) shall be ratified by the Board.

A member who has an interest in any contract, or other matter, present at a meeting shall at the meeting and as soon as reasonably practicable after the commencement, disclose the fact thereof and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

A disclosure of interest made under paragraph (1) shall be recorded in the minutes of the meeting at which it is made.

A member of the Board who contravenes paragraph (1) commits an offence and is liable to a fine not exceeding six thousand shillings or to imprisonment for a term of six months, or to both.

The Council shall respect the need for the operational independence of the Board and shall not seek to unduly control or direct the Board in the discharge of its functions.

Notwithstanding paragraph (1), the Board shall prepare and submit to the Council an annual report on the discharge of its functions in each year.

No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done bona fide for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any action, claim or demand whatsoever.

The provisions of paragraph (1) shall not relieve the Board of the liability to pay compensation to any person for any injury to him, his property or to any of his interests caused by the exercise of any power conferred by the Act or by failure, whether wholly or partially, of any works.

The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board.

The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson and the secretary to the Board and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the Chairperson and the secretary to the Board.

Not withstanding the provisions of paragraph (2) the Board shall, in the absence of either the Chairperson or the secretary to the Board in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the secretary to the Board.

The common seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this regulation shall be presumed to have been duly given.

A person with disability may apply for exemption from income tax to the Commissioner through the Council in Form 1 set out in the Schedule.

The exemption under subparagraph (1) shall apply to the first one hundred and fifty thousand shillings of the total income per month.

The Council shall establish a committee, whose members shall include a medical doctor, for the purposes of vetting applications for tax exemption.

The Council shall after vetting an application for tax exemption, give a recommendation in Form 2 set out in the Schedule to the Commissioner.

The Commissioner shall within thirty days of receipt of a recommendation from the Council under paragraph 4(4) determine the application for tax exemption.

The Commissioner may request for any other information that he may consider necessary to facilitate the determination of an application, including requiring the applicant to appear before him for an interview.

Where the exemption is granted, the Commissioner shall issue a tax exemption certificate to the applicant.

Where the exemption is not granted, the Commissioner shall, within thirty days of receipt of the application, notify the applicant of the denial in writing.

A person with disability may apply for exemption from income tax to the Commissioner through the Council in Form 1 set out in the Schedule.

The exemption under subparagraph (1) shall apply to the first one hundred and fifty thousand shillings of the total income per month.

The Council shall establish a committee, whose members shall include a medical doctor, for the purposes of vetting applications for tax exemption.

The Council shall after vetting an application for tax exemption, give a recommendation in Form 2 set out in the Schedule to the Commissioner.

The Commissioner shall within thirty days of receipt of a recommendation from the Council under paragraph 4(4) determine the application for tax exemption.

The Commissioner may request for any other information that he may consider necessary to facilitate the determination of an application, including requiring the applicant to appear before him for an interview.

Where the exemption is granted, the Commissioner shall issue a tax exemption certificate to the applicant.

Where the exemption is not granted, the Commissioner shall, within thirty days of receipt of the application, notify the applicant of the denial in writing.