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Functions and Powers of State Commissioner

Section 80: Functions of the State Commissioner
  • Identify suo motu or otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, 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 State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action.
  • 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.
  • Review the Factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures.
  • 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 this Act and schemes, programmes meant for persons with disabilities.
  • Monitor utilisation of funds disbursed by the State Government for the benefits of persons with disabilities.
  • Perform other functions as the State Government may assign.
Section 82: Powers of the State Commissioner

The State Commissioner shall, for the purpose of discharging their 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

  • Summoning and enforcing the attendance of witnesses
  • Requiring discovery and production of documents
  • requisitioning any public record or copy thereof from any court or office
  • Receiving evidence on affidavits
  • issuing commissions for the examination of witnesses or documents

(2) Judicial Proceedings

Every proceeding before the State Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the State Commissioners shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.