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PWD Act 1995 - The Chief Commissioner & Commissioner for Persons with Disabilities

57. Appointment of Chief Commissioner for persons with disabilities-

    1. The Central Government may, by notification, appoint a Chief Commissioner for persons with disabilities for the purposes of this Act.

    2. A person shall not be qualified for the appointment as the Chief 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 Chief Commissioner shall be such as may be prescribed by the Central Government.

    4. The Central Government shall determine the nature and categories of officers and other employees require 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.

    5. The officers and other employees provided to assist the Chief Commissioner shall discharge of their functions under the general superintendence of the Chief Commissioner.

    6. The salary and allowances and other conditions of service of officers and employess provided to the Chief Commissioner shall be such as may be prescribed by the Central Government.

58. Functions of the Chief Commissioner- The Chief Commissioner shall-

    1. co-ordinate the work of the Commissioners;

    2. monitor the utilisation of funds disbursed by the Central Government;

    3. take steps to safeguard the rights and facilities made available to persons with disabilities;

    4. submit reports to the Central Government on the implementation of the Act at such intervals as that Central Government may prescribe.

59. Chief Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities-Without prejudice to the provisions of Sec.58 the Chief Commissioner may of his own motion or on the applicationof any aggrieved person or otherwise look into complaints with respect to matters relating to-

    1. deprivation of rights of persons with disabilities;

    2. non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights for persons with disabilities,
       and take up the matter with the appropriate authorities

60. Appointment of Commissioners for Persons with disabilities

    1. Every State Government may, by notification, appoint a Commissioner for persons with disabilities for the purposes of this Act.

    2. A person shall not be qualified for the appointment as the 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 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 require to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit.

    5. The officers and other employees provided to assist the Commissioner shall discharge of their functions under the general superintendence of the Commissioner.

    6. The salary and allowances and other conditions of service of officers and employess provided to the Commissioner shall be such as may be prescribed by the State Government.

61. Powers of the Commissioner- The Commissioner within the State shall-

    1. co-ordinate with the departments of the State Government for the programmes and schemes for the benefit of persons with disabilities;

    2. monitor the utilisation of funds disbursed by the State Government;

    3. take steps to safeguard the rights and facilities made available to persons with disabilities;

    4. submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy therof to the Chief Commissioner.

62. Commissioner to look into complaints with respect to deprivation of rights of persons with disabilities-Without prejudice to the provisions of Sec.61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to-

    1. deprivation of rights of persons with disabilities;

    2. non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights for persons with disabilities,
       and take up the matter with the appropriate authorities

63. Authority and officers to have certain powers of Civil Court-

    1. The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:-

       1. summoning and enforcing the attendance of witnesses;

       2. requiring the discovery and production of any document;

       3. requisitioning any public record or copy thereof from any Court or office;

       4. receiving evidence on affidavit; and

       5. issuing commissions for the examination of witnesses or documents

    2. Every proceeding before the Chief Commissioner and Commissioners shall be a judicial proceeding within the meaning of Secs. 193 and 228 of the Indian Penal Code (45 of 1860) and the Chief Commissioner, the Commissioner, the competent authority, shall be deemed to be a Civil Court for the purposes of Sec. 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

64. Annual Report to be prepared by the Chief Commissioner-

    1. The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government.

    2. The Central Government shall cause the annual report to be laid before each House of the Parliament along with the recommendations explaining the action taken or action proposed to be taken on the recommendation made therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.

65. Annual Report to be prepared by the Commissioners-

    1. The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government.

    2. The State Government shall cause the annual report to be laid before each House of State Legislature along with the recommendations explaining the action taken or action proposed to be taken on the recommendation made therein in so far as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.

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