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PWD Act 1995 - The State Co-ordination Committee

13. The Central Co-ordination Committee.-

    1. Every State Government shall by notification constitute a body to be known as the State Co-ordination Committee to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.

    2. the Central Co-ordination Committee shall consist of-

       1. the Minister in-charge of the Department of Welfare in the State Government, Chairperson, ex officio;

       2. the Minister of State in-charge of the Department of Social Welfare ,if any,Vice-Chairperson, ex officio;

       3. Secretaries to the State Government in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Legal Affairs, Public Enterprises, by whatever name called, Members, ex officio;

       4. Secretary of any other Department which the State Government considers necessary, Member, ex officio;

       5. Chairman, Bureau of Public Enterprises (by whatever name called) Member, ex officio;

       6. five persons as far as practicable, being persons with disabilities, to represent non-governmental organisations or associations which are concerned with disabilities, to be nominated by the Central Government, one from each area of disability, Members:
          Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

       7. three Members of State Legislature, of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any;

       8. three persons to be nominated by the State Government to represent agriculture, industry or trade or any other interest, which in the opinion of State Government ought to be represented, Members; ex officio

       9. the Commissioner, Member, ex officio

       10. Secretary to the State Government dealing with the welfare of the handicapped, Member-Secretary, ex officio,

    3. Notwithstanding anything contained in this section, no State Co-ordination Committee shall be constituted for a Union territory and in relation to a Union territory, the Central Co-ordination Committee shall excercise the functions and perform the functions of a State Co-ordination Committee for the union territory:
       Provided that in relation to a Union territory, the Central Co-ordination Committee may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.
       

       Comment

       Proviso.- A proviso must be considered with relation to the principal matter to which it stands as a proviso.¹

14. Terms and conditions of service of Members.-

    1. Save as otherwise provided by or under this Act, a Member of a State Co-ordination Committee nominated under Cl.(f) or Cl.(h) of sub-section(2) of Sec.13 shall hold office for a term of three years from the date of his nomination:
       Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enter upon his office.

    2. The term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated.

    3. The State Government may if it thinks fit, remove any Member nominated under Cl.(f) or Cl.(h) of sub-section(2) of Sec.13, before the expiry of his term of office after giving him a reasonable opportunity of showing the cause against the same.

    4. A Member nominated under Cl.(f) or Cl.(h) of sub-section (2) of Sec.3 may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.

    5. A casual vacancy in the State Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.

    6. Member nominated under Cl.(f) or Cl.(h) of sub-section (2) of Sec.3 shall be eligible for re-nomination.

    7. Member nominated under Cl.(f) or Cl.(h) of sub-section (2) of Sec.3 shall receive such allowances as may be prescribed by the State Government.

15. Disqualifications.-

    1. No person shall be a Member of the State Co-ordination Committee, who-

       1. is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or

       2. is of unsound mind and stands so declared by a competent Court, or

       3. is or has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or

       4. is or at any time has been convicted of an offence under this Act, or

       5. has so abused in the opinion of the State Government, his position as a Member as to render his continuance in the State Co-ordination Committee detrimental to the interests of the general public.

    2. No order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.

    3. Notwithstanding anything contained in sub-section (1) or sub-section (6) of Sec.14, a Member who has been removed under this section shall not be eligible for re-nomination as a Member.

16. Vacation of seats by Members.-If a Member of the Central Co-ordination Committee becomes subject to any of the disqualifications specified in Sec.15 his seat shall become vacant.

    Comment

    Section 16 deals with vacation of seats of a member of the State Co-ordination Committe subject to any disqualification.

17. Meetings of the State Co-ordination Committee.-The State Co-ordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed .

18. Functions of the State Co-ordination Committee.-

    1. Subject to the provisions of this Act, the function of the State Co-ordination Committee shall be to serve as the State focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.

    2. In particular and without prejudice to the generality of the foregoing, the State Co-ordination Committee may perform all or any of the following functions, namely:-

       1. review and co-ordinate the activities of all the Departments of the Government and other Governmental and non-governmental Organisations which are dealing with matters relating to persons with disabilities;

       2. develop a state policy to address issues faced by persons with disabilities;

       3. advise the State Government on the formulation of policies, programmes, legislation and projects with respect to disability;

       4. review in consultation with the donor agencies their funding policies from the perspective of their impact on persons with disabilities;

       5. take such other steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions;

       6. monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;

       7. to perform such other functions as may be prescribed by the State Government.

19. State Executive Committee.-

    1. The State Government shall constitute a Committee to be known as the State Co-ordination Committee to perform the functions assigned to it under this Act.

    2. The State Co-ordination Committee shall consist of-

       1. the Secretary, Department of Social Welfare, Chairperson, ex officio;

       2. the Commissioner, Member, ex officio;

       3. nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of Health, Finance, Rural Development, Education, Welfare, Personnel, Public Grievances, Urban Affairs Labour and Employment, Science and Technology, Members, ex officio;

       4. one person to be nominated by the State Government to represent the interest, which in the opinion of the State Government ought to be represented, Member;

       5. five persons, as far as practicable being persons with disabilities, to represent non-governmental organisations or associations which are concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members;
          Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;

       6. Joint Secretary dealing with the disability division in the Department of Welfare, Member-Secretary, ex officio

    3. Member nominated under Cl.(d) or Cl.(e) of sub-section (2) shall receive such allowances as may be prescribed by the State Government.

    4. A Member nominated under Cl.(d) or Cl.(e) of sub-section (2) may at any time resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.

20. Functions of the State Executive Committee.-

    1. The State Executive Committee shall be the executive body of the State Co-ordination Committee and shall be responsible for carrying out the decisions of the State Co-ordination Committee.

    2. Without prejudice to the provisions of sub-section(1), the State Executive Committee shall also perform such other functions as may be delegated to it by the State Co-ordination Committee.

21. Meetings of the State Executive Committee.- The State Executive Committee shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the State Government.
    

22. Temporary association of persons with State Executive Committee for particular purposes.-

    1. The State Co-ordination Committee may associate with itself in such shall and for such purposes as may be prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

    2. A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.

    3. A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee; as may be prescribed by the State Government.

23. Power to give directions.-In the performance of its functions under this Act,-
    

    1. the Central Co-ordination Committee shall be bound by such directions in writing, as the Central Government may give it; and

    2. the State Co-ordination Committee shall be bound by such directions in writing, as the Central Co-ordination Committee or the State Government may give it:
       

    Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Co-ordination Committee, the matter shall be referred to the Central Government for its decision.

24. Vacancies not to invalidate proceedings.-No act or proceeding of the Central Co-ordination Committee, Central Executive Committee, a State Co-ordination Committee, or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

    Comment

    Section 24 provides that no act or proceeding shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.

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