The office of the State Commissioner for Persons with Disabilities (SCPD), Nagaland, has been created as per Section 79 of the Rights of Persons with Disabilities Act, 2016.
The duties and powers of the State Commissioner as laid down in the RPWD Act 2016 are:
The State Commissioner shall:
- 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; and
- perform such other functions as the State Government may assign.
Whenever the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within 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 for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person.
(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 while trying a suit, in respect of the following matters, namely:
- summoning and enforcing the attendance of witnesses;
- requiring the discovery and production of any documents;
- requisitioning any public record or copy thereof from any court or office;
- receiving evidence on affidavits; and
- 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 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