In force · As amended up to 2026-08
CHAPTER XII
CHIEF COMMISSIONER AND STATE COMMISSIONER FOR PERSONS WITH DISABILITIES
74. Appointment of Chief Commissioner and Commissioners. —(1) The Central Government may, by notification, appoint a Chief Commissioner for Persons with Disabilities (hereinafter referred to as the "Chief Commissioner") for the purposes of this Act.
(2) The Central Government may, by notification appoint two Commissioners to assist the Chief Commissioner, of which one Commissioner shall be a persons with disability.
(3) A person shall not be qualified for appointment as the Chief Commissioner or Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(4) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Chief Commissioner and Commissioners shall be such as may be prescribed by the Central Government.
(5) The Central Government shall determine the nature and categories of officers and other employees required 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.
(6) The officers and employees provided to the Chief Commissioner shall discharge their functions under the general superintendence and control of the Chief Commissioner.
(7) The salaries and allowances and other conditions of service of officers and employees shall be such as may be prescribed by the Central Government.
(8) The Chief Commissioner shall be assisted by an advisory committee comprising of not more than eleven members drawn from the experts from different disabilities in such manner as may be prescribed by the Central Government.
75. Functions of Chief Commissioner. —(1) The Chief Commissioner shall—
(a) identify, suo motu or otherwise, the provisions of any law or policy, programme and procedures, which are inconsistent with this Act and recommend necessary corrective steps;
(b) 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 Government and take up the matter with 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 utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and
(j) perform such other functions as the Central Government may assign.
(2) The Chief Commissioner shall consult the Commissioners on any matter while discharging its functions under this Act.
Source: India Code