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Constitution of State Commission for persons with disabilities

86.(1) A State Government shall constitute a body to be known as the State Commission for persons with disabilities or two or more States on mutual consent can have one Commission in respect of their States 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 of the State Government , which are inconsistent with the provisions of 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 State 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) undertake and promote research in the field of the rights of persons with disabilities;
(f) promote awareness of the rights of persons with disabilities arid 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 benefit of persons with disabilities; and
(i) such other functions as may be assigned by the State Government from time to time.
(2) The State Commission shall consist of a Chairperson who is a person of eminence, with a distinguished record of service of not less than twenty years in the field of disability, and two Members, with distinguished record of service of not less than fifteen years in the field of rehabilitation, advocacy, law, management, technology concerning disability matters:
Provided that out of the two Members, one Member shall be a person with disability.
(3) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify.
 

Selection and appointment of its Chairpersons and Members

87.(1) The State Government shall, for the purpose of selection of the Chairperson and the Members of the State Commission, constitute a Selection Committee consisting of-
(a) Chief 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 Departments of the State Government dealing with Health, and Personnel- Members;
(d) two experts in the field of rehabilitation of persons with disability matters as may be nominated by the State Government- Member.
(2) The State 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 State 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 State 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) Before recommending any person for appointment as a Chairperson or other Member of the State Commission, the Selection Committee 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 State Commission shall be invalid merely by reason of any vacancy in the Selection Committee.
 

Term of office of Chairperson and Members

88.(1) The Chairperson and Members of the State Commission shall hold office for a term of three years from the date on which he enters upon his 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 State Government a notice of not less than three months; or
(b) be removed from his office in accordance with the provisions of section 89.
 

Removal of Chairperson and Members

89.(1) Notwithstanding anything contained in sub-section (1) of section 88, the State 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 State 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

90.(1) In the event of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise, the State 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 State 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

91. The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and Members of the State Commission shall be such as may be prescribed by the State 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 not to invalidate the proceedings of State Commission

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

Procedure for State Commission

93.(1) The State 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 thereunder, the State Commission shall have the powers to lay down, by regulations, its own procedure.
(3) All orders and decisions of the State Commission shall be authenticated by the Secretary or any other officer of the State Commission duly authorised by the Chairperson in this behalf.
 

Officers and other staff of State Commission.

94.(1) The State Government shall make available to the State Commission an officer of the rank of Additional Secretary to the State Government who shall be the Secretary to the Commission.
(2) Subject to such Riles as may be made by the State Government in this behalf, the 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 State Government.
 

Transfer of service of existing employees to State Commission.

95. Subject to the provisions of this Act, every person employed in the Office of State Commissioner for persons with disabilities constituted under the section 60 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Act immediately before the date of establishment of the State Commission shall, on and from such date becomes an employee of the State Commission with such designation as the State 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 State Commission had not been established and shall continue to do so unless and until his employment in the State Commission is terminated or until such tenure, remuneration and terms and conditions are duly altered by the State Commission:
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the approval of the Central Government. (Remarks : 1 of 1996.)
 

Annual and special reports of State Commission

96.(1) The State Commission 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 special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendations of the State 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 State Government.
 

Transitory provisions

97. The Chief Commissioner for persons with disabilities and the State Commissioners for persons with disabilities appointed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, shall continue to so function and exercise the powers conferred on them under that Act, until the National Commission and the State Commission are constituted under this Act, but on the constitution of the National Commission and the State Commission, as the case may be, the Chief Commissioner for persons with disabilities and the State Commissioners for persons with disabilities shall cease to hold office. (Remarks: 1 of 1996)