THE OFFICE OF THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES (SCPD):

The office of the State Commissioner for Persons with Disabilities (SCPD) at the State level has been created as per Section 60 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Which states that :

(60). (1) Every State Government may, by notification appoint a Commissioner for persons with disabilities for the purposes of this Act.

Section 61, Section 62 , Section 63 and Section 65 of the Act outlines the scope of work and activities of the State Commissioner which are as follows:

(61) The Commissioner within the State shall:

  (a)   co-ordinate with the departments of the State Government for the programs and schemes for the benefit to persons with disabilities;

  (b)  monitor the utilization of funds disbursed by the State Government;

  (c)    take steps to safeguard the rights and facilities made available to persons with disabilities;

  (d)   submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.

 (62) Without prejudice to the provisions of section 61, the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to -

  (a)  deprivation of rights of persons with disabilities;

  (b)  non-implementation of laws, rules, bye-laws, regulations, executive guidelines or    instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities and take up the matter with the appropriate authorities.

  (63). (1) The Chief Commissioner and the State Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 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 document;

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

(65).(1)  The commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government.

THE OFFICE OF THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES (SCPD) IN ACTION :

     This quasi-judiciary office therefore  has to point out the violation of the rights by different agencies, so that what the government seeks to achieve through pro-people steps of a democratically elected government are not negated by acts of omission and commission of bureaucrats at different levels. It also has to monitor that the benefits go to the right persons. Often the State Commissioner has to take suo motu cognizance of the violation and issue notices to the erring parties.The SCPD also takes steps to increase awareness among stakeholders and service providers which helps in implementation of the Act.

     For the first time in the state of Odisha, an independent State Commissioner for Persons with Disabilities (SCPD) was appointed who took charge of the office on 29th March 2010. Previously, the Secretary of the W & CD department remained ex-officio in charge of the office.There was obviously always a shortage of time specifically to carry out the onerous responsibilities of the SCPD. A full time SCPD appointed for the first time had to set up the office as well as look after to start dispensing justice through quasi-judiciary actions at the same time. To expand the reach the District Collectors have been notified as Deputy Commissioners for Persons with Disabilities on the initiation of the SCPD. It has helped in  quicker redress of grievances at the district level.lt has also been able to dispense justice to long pending cases.

    The area of operation extends to the whole of the State of Odisha. The achievements of the office of the SCPD are in ensuring that  the Government Depts. and other agencies implement the mandate of the Act. The office of the SCPD monitors and makes efforts to prevent violation of rights of PwDs by giving directions.