Constitution of National Commission for persons with disabilities

73.( 1) The Central Government shall, by notification, constitute a body to be known as the National Commission for persons with disabilities to exercise the powers conferred upon and to perform the following functions, namely:-
(a) identify, suo motu or otherwise, provisions of any law, policies, programmes and procedures, which are inconsistent with this Act, and recommend necessary corrective steps;
(b) inquire, suo motu or otherwise with respect to 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 the 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) such other functions as the Central Government may assign.
(2) The National Commission shall consist of a Chairperson who is a person of eminence with a distinguished record of service of not less than twenty-five years in the field of disability, and two Members with distinguished record of service of not less than twenty years in the field of rehabilitation, advocacy, law, management and technology concerning disability matters:
Provided that out of the two Members, one Member shall be a person with disability.
(3) The head office of the National Commission shall be in the National Capital Region, Delhi.
 

Selection and appointment of Chairperson and Members

74.(1) The Central Government shall, for the purpose of selection of the Chairperson and the Members of the National Commission, constitute a Selection Committee consisting of-
(a) Cabinet Secretary-Chairperson;
(b) Secretary in charge of the Ministry or the Department responsible for administration of this Act as the convener-Member;
(c) Secretary in charge of the Ministries or the Departments of the Central Government dealing with health and personnel- Members;
(d) two experts in the field of empowerment and rehabilitation of persons with disability matters as may be nominated by the Central Government- Members.
(2) The Central Government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation or removal of the Chairperson or a Member of National Commission and three months before the superannuation or completion of the term of office of the Chairperson or any Member of that Commission, make a reference to the Selection Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and Members of the National Commission within two months from the date on which the reference is made to it.
(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
(5) The Selection Committee, before recommending any person for appointment as a Chairperson or other Member of the National Commission, shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a Member.
(6) No appointment of the Chairperson or other Member of the National Commission shall be invalid merely by reason of any vacancy in the Selection Committee.
 

Term of office of Chairperson and Members

75.(1) The Chairperson and a Member of the National Commission shall of Chairperson hold office for a term of three years from the date on which he enters upon his and Members. office or until he attains the age of sixty- five years, whichever is earlier and shall be eligible for reappointment for another term of three years.
(2) Notwithstanding anything contained in sub section (1), the Chairperson or any Member may-
(a) relinquish his office by giving in writing to the Central Government a notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 76.
 

Removal of Chairperson and Members

76.(1) Notwithstanding anything contained in sub-section (1) of section 75, the Central Government may, by order, remove from office the Chairperson or any other Members, if the Chairperson or as the case may be, such other Member,-
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or        
(d) has acquired such financial or other interests as is likely to affect prejudicially his functions as a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public interest.
(2) No Member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter.
 

Member to act as Chairperson or to discharge his functions in certain circumstances

77.(1) In the event of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the Central Government may designate the senior most Member to act as the Chairperson until the day on which a Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
(2) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may authorise the senior most Member to discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.
(3) The senior-most Member designated to act under sub-section (1) or to discharge functions of the Chairperson under sub-section (2), of the Chairperson shall continue to draw salary and allowances of a Member.
 

Terms and conditions of service of Chairperson and Members

78. The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members of the National Commission shall be such as may be prescribed by the Central Government:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairperson or a Member shall be varied to his disadvantage after his appointment.
 

Vacancies, etc. not to invalidate the proceedings of National Commission

79. No act or proceeding of the National Commission shall be invalid merely by reason of:-
(a) any vacancy in, or any defect in the constitution of, the National Commission; or
(b) any defect in the appointment of a person acting as a Member of the National Commission; or
(c) any irregularity in the procedure of the National Commission not affecting the merits of the case.
 

Procedure for National Commission

80.(1) The National Commission shall meet at such time and place as the Chairperson may think fit.
(2) Subject to the provisions of this Act and the rules made there under, the National Commission shall have the power to lay down, by regulations, its own procedure.
(3) All orders and decisions of the National Commission shall be authenticated by the Secretary or any other officer of the National Commission duly authorised by the Chairperson in this behalf.
 

Officers and other staff of National Commission

81.(1) The Central Government shall make available to the National Commission an officer of the rank of an Additional Secretary to the Government of India who shall be the Secretary to the National Commission.
(2) Subject to such rules as may be made by the Central Government in this behalf, the National Commission may appoint such other administrative and technical officers and staff as it may consider necessary.
(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-section (2) shall be such as may be prescribed by the Central Government.
 

Transfer of service of existing employees

82. Subject to the provisions of this Act, every person employed in the Office of Chief Commissioner for persons with disabilities constituted under section 57 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 immediately before the date of establishment of the National Commission shall, on and from such date, become an employee of the National Commission with such designation as the National Commission may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held on such date if the National Commission had not been established and shall continue to do so unless and until his employment in the National Commission is terminated or until such tenure, remuneration and terms and conditions are duly altered by the National Commission: (Remarks : 1 of 1996)
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government.
 

Action by appropriate authorities on recommendation of the National Commission

83. Whenever the National Commission makes a recommendation to an authority in pursuance of clause
(b) of sub-section (1) of section 73, that authority shall take necessary action on it, and inform the Commission 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 National Commission within the period of three months, and shall also inform the aggrieved person.
 

National Commission to have certain powers of civil court

84.(1) The National Commission shall, for the purpose of discharging its 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:- (Remarks : 5 of 1998)
(a} summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(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 National Commission shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the National Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (Remarks : 45 of 1860 & 2 of 1974)
 

Annual and special reports of National Commission

 85.(1) The National Commission shall submit an annual report to the Central 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 Central Government shall cause the annual and special reports of the National Commission to be laid before each House of Parliament, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of 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.