The Office of the Commissioner for Persons with Disabilities was established as an Independent Statutory Authority under section 60 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Independent office of the Commissioner for Persons with Disabilities was started functioning in Delhi from August, 2009. Till then, an officer of the Department of Social Welfare was looking after the functions of Commissioner for Persons with Disabilities. The Commissioner for Persons with Disabilities is assisted by one Dy. Commissioner and other supporting staff.
With the coming into effect of the Right of Persons with Disabilities Act, 2016 the State Commissioner for Persons with Disabilities is mandated to perform the following functions as per Section 80:
(a) identify, suomotuor otherwise, provision of any law or policy, programme and procedures, which are in consistent with this Act, and recommend necessary corrective steps;
(b) inquire, suomotuor 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;
(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 and 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 utilisation of funds disbursed by the State Government for the benefits of persons with disabilities; and
(i) perform such other functions as the State Government may assign.
The powers of the State Commissioner are as under:(1) 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 (5 of 1908) while trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any documents;
(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 State Commissioner shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) 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 (2 of 1974).
How to file a complaint with SCPD
Rule-49 of Delhi RPwD Rules,2018
49. Procedure to be followed by State Commissioner.- (1) A complainant may present a complaint containing the
following particulars in person or through an agent to the State Commissioner or send it by registered post
or by email addressed to the State Commissioner, namely:-
(a) the name, description and the address of the complainant;
(b) the name, description and the address of the opposite party or parties, as the case may be, so far as they may
(c) the facts relating to complaint and when and where it arose;
(d) documents in support of the allegations contained in the complaint; and
(e) the relief which the complainant claims.
(2) The State Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party or
parties mentioned in the complaint directing to submit their version of the case within a period of thirty days or
such extended period not exceeding fifteen days as may be granted by the State Commissioner.
(3) On the date of hearing or any other date to which hearing could be adjourned, the parties or their agents shall
appear before the State Commissioner.
(4) Where the complainant or the complainant’s agent fails to appear before the State Commissioner on such days, the
State Commissioner may either dismiss the complaint on default or decide on merits.
(5) Where the opposite party or the opposite party’s agent fails to appear on the date of hearing, the State
Commissioner may take such necessary action under section 82 of the Act as he deems fit for summoning and
enforcing the attendance of the opposite party.
(6) The State Commissioner may dispose of the complaint ex-parte, if necessary.
(7) The State Commissioner may on such terms as deemed fit and at any stage of the proceedings, adjourn the hearing
of the complaint.
(8) The State Commissioner shall decide the complaint as far as possible within a period of three months from the date
of receipt of notice by the opposite party.
The organizational chart of office of the Commissioner for Persons with Disabilities is as follows: