74. Appointment of Chief Commissioner and Commissioners. - (1) The Central Government may, by notification, appoint a Chief Commissioner for Persons with Disabilities (hereinafter referred to as the "Chief Commissioner") for the purposes of this Act.
(2) The Central
Government may, by notification appoint two Commissioners to assist the Chief
Commissioner, of which one Commissioner shall be a persons with disability.
(3) A person shall
not be qualified for appointment as the Chief Commissioner or Commissioner
unless he has special knowledge or practical experience in respect of matters
relating to rehabilitation.
(4) The salary and
allowances payable to and other terms and conditions of service (including
pension, gratuity and other retirement benefits) of the Chief Commissioner and
Commissioners shall be such as may be prescribed by the Central Government.
(5) The Central
Government shall determine the nature and categories of officers and other
employees required to assist the Chief Commissioner in the discharge of his
functions and provide the Chief Commissioner with such officers and other
employees as it thinks fit.
(6) The officers
and employees provided to the Chief Commissioner shall discharge their
functions under the general superintendence and control of the Chief
Commissioner.
(7) The salaries
and allowances and other conditions of service of officers and employees shall
be such as may be prescribed by the Central Government.
(8) The Chief
Commissioner shall be assisted by an advisory committee comprising of not more
than eleven members drawn from the experts from different disabilities in such
manner as may be prescribed by the Central Government.
75. Functions of
Chief Commissioner. - (1) The
Chief Commissioner shall-
(a) identify, suo
motu or otherwise, the provisions of any law or policy, programme
and procedures, which are inconsistent with this Act and recommend necessary
corrective steps;
(b) inquire, suo
motu or otherwise, deprivation of rights of persons with
disabilities and safeguards available to them in respect of matters for which
the Central Government is the appropriate Government and take up the matter
with appropriate authorities for corrective action;
(c) review the safeguards provided by or under this Act or
any other law for the time being in force for the protection of rights of
persons with disabilities and recommend measures for their effective
implementation;
(d) review the factors that inhibit the enjoyment of rights
of persons with disabilities and recommend appropriate remedial measures;
(e) study treaties and other international instruments on
the rights of persons with disabilities and make recommendations for their
effective implementation;
(f) undertake and promote research in the field of the
rights of persons with disabilities;
(g) promote awareness of the rights of persons with
disabilities and the safeguards available for their protection;
(h) monitor implementation of the provisions of this Act and
schemes, programmes meant for persons with disabilities;
(i) monitor utilization of funds disbursed by the Central
Government for the benefit of persons with disabilities; and
(j) perform such other functions as the Central Government
may assign.
(2) The Chief
Commissioner shall consult the Commissioners on any matter while discharging
its functions under this Act.
76. Action of
appropriate authorities on recommendation of Chief Commissioner. - Whenever the Chief Commissioner
makes a recommendation to an authority in pursuance of clause (b) of section
75, that authority shall take necessary action on it, and inform the Chief
Commissioner of the action taken within three months from the date of receipt
of the recommendation:
Provided that where
an authority does not accept a recommendation, it shall convey reasons for
non-acceptance to the Chief Commissioner within a period of three months, and
shall also inform the aggrieved person.
77. Powers of Chief
Commissioner. - (1) The Chief
Commissioner shall, for the purpose of discharging his functions under this
Act, have the same powers of a civil court as are vested in a court under the
Code of Civil Procedure, 1908 while trying a suit, in respect of the following
matters, namely:-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record or copy thereof from
any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or
documents.
(2) Every
proceeding before the Chief Commissioner shall be a judicial proceeding within
the meaning of sections 193 and 228 of the Indian Penal Code and the Chief
Commissioner shall be deemed to be a civil court for the purposes of section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
78. Annual and
special reports by Chief Commissioner. - (1) The Chief Commissioner shall submit an annual
report to the Central Government and may at any time submit special reports on
any matter, which, in his opinion, is of such urgency or importance that it
shall not be deferred till submission of the annual report.
(2) The Central
Government shall cause the annual and the special reports of the Chief Commissioner
to be laid before each House of Parliament, along with a memorandum of action
taken or proposed to be taken on his recommendations and the reasons for
nonacceptance the recommendations, if any.
(3) The annual and
special reports shall be prepared in such form, manner and contain such details
as may be prescribed by the Central Government.
79. Appointment of
State Commissioner in States. - (1) The State Government may, by notification,
appoint a State Commissioner for Persons with Disabilities (hereinafter
referred to as the "State Commissioner") for the purposes of this
Act.
(2) A person shall
not be qualified for appointment as the State Commissioner unless he has
special knowledge or practical experience in respect of matters relating to
rehabilitation.
(3) The salary and
allowances payable to and other terms and conditions of service (including
pension, gratuity and other retirement benefits) of the State Commissioner
shall be such as may be prescribed by the State Government.
(4) The State
Government shall determine the nature and categories of officers and other
employees required to assist the State Commissioner in the discharge of his
functions and provide the State Commissioner with such officers and other
employees as it thinks fit.
(5) The officers
and employees provided to the State Commissioner shall discharge his functions
under the general superintendence and control of the State Commissioner.
(6) The salaries
and allowances and other conditions of service of officers and employees shall
be such as may be prescribed by the State Government.
(7) The State
Commissioner shall be assisted by an advisory committee comprising of not more
than five members drawn from the experts in the disability sector in such
manner as may be prescribed by the State Government.
80. Functions of
State Commissioner. - The State
Commissioner shall-
(a) identify, suo
motu or otherwise, provision of any law or policy, programme and
procedures, which are in consistent with this Act, and recommend necessary
corrective steps;
(b) inquire, suo
motu or otherwise deprivation of rights of persons with
disabilities and safeguards available to them in respect of matters for which
the State Government is the appropriate Government and take up the matter with
appropriate authorities for corrective action;
(c) review the safeguards provided by or under this Act or
any other law for the time being in force for the protection of rights of
persons with disabilities and recommend measures for their effective
implementation;
(d) review the factors that inhibit the enjoyment of rights
of persons with disabilities and recommend appropriate remedial measures;
(e) undertake and promote research in the field of the
rights of persons with disabilities;
(f) promote awareness of the rights of persons with
disabilities and the safeguards available for their protection;
(g) monitor implementation of the provisions of this Act and
schemes, programmes meant for persons with disabilities;
(h) monitor utilization of funds disbursed by the State
Government for the benefits of persons with disabilities; and
(i) perform such other functions as the State Government may
assign.
81. Action by
appropriate authorities on recommendation of State Commissioner. - Whenever the State Commissioner
makes a recommendation to an authority in pursuance of clause (b) of section
80, that authority shall take necessary action on it, and inform the State
Commissioner of the action taken within three months from the date of receipt
of the recommendation:
Provided that where
an authority does not accept a recommendation, it shall convey reasons for
non-acceptance to the State Commissioner for Persons with Disabilities within
the period of three months, and shall also inform the aggrieved person.
82. Powers of State
Commissioner. - (1) The
State Commissioner shall, for the purpose of discharging their functions under
this Act, have the same powers of a civil court as are vested in a court under
the Code of Civil Procedure, 1908 while trying a suit, in respect of the
following matters, namely:-
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any documents;
(c) requisitioning any public record or copy thereof from
any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of witnesses or
documents.
(2) Every
proceeding before the State Commissioner shall be a judicial proceeding within
the meaning of sections 193 and 228 of the Indian Penal Code and the State
Commissioners shall be deemed to be a civil court for the purposes of section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
83. Annual and
special reports by State Commissioner. - (1) The State Commissioner shall submit an annual
report to the State Government and may at any time submit special reports on
any matter, which, in its opinion, is of such urgency or importance that it
shall not be deferred till submission of the annual report.
(2) The State
Government shall cause the annual and the special reports of the State
Commissioner for persons with disabilities to be laid before each House of
State Legislature where it consists of two Houses or where such Legislature
consist of one House, before that House along with a memorandum of action taken
or proposed to be taken on the recommendation of the State Commissioner and the
reasons for non-acceptance the recommendations, if any.
(3) The annual and
special reports shall be prepared in such form, manner and contain such details
as may be prescribed by the State Government.
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