Power, Duties and Functions of the State Commissioner
The state commissioner shall
- Identify, suo motu or otherwise , the provisions of any law or policy programme and procedures, which are inconsistent with the Rights of persons with Disabilities (RPwD) Act, 2016 and recommend necessary corrective Steps;
- 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 Govemment and take up the matter with appropriate authorities for corrective action,
- Review the safeguards provided by or under RPwD Act, 2016 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;
- Review the factors That inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures ;
- Study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their e ffective implementation;
- Undertake and promote research in the field of the rights of persons with disabilities;
- Promote awareness of the rights of persons with disabilities and the safeguards available for their protection;
- Monitor implementation of the provisions of RPwD Act, 2016 and schemes, Programmes meant for persons with disabilities;
- Monitor utilization of funds disbursed by the central Government for the benefit of persons with disabilities; and
- Perform such other functions as the central Government may assign.
He shall consult the commissioners on any matter while discharging its functions under RPwD Act,2016.
Whenever the makes a recommendation to an authority in plrsuance of clause 9 (b) above that authority shall take necessary action on it, and inform the state commissioner of the action taken with in 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 within a period of three months, and shall also inform the aggrieved person.
He shall 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 :-
- Summoning and enforcing the attendance of witnesses;
- Recovering the discovery and production of any documents;
- Requisitioning any public record or copy there of from any court or office;
- Receiving evidence on a affidavits; and
- Issuing Jommissions for the examination of witnesses or documents'
Every proceeding before him shall be a judicial proceeding with in the meaning of sections 193 and 228 of the lndian penal code and he shall be deemed to be a civil court for the purpose of section 195 and chapter XXVI of the code of criminal procedure '1973 '
As per section 78 of RPwD Act,2016,the state commissioner shall prepare an Annual Report for each flnancial year giving the full accounts of the activities during the previous financial year' This report shall be laid before each. House of the parliament by the central Government.
The state commissioner and staff provided to him shall be deemed to be Public servants'