Information Handbook under Right to Information Act, 2005

This Information Handbook has been prepared in pursuance of Section 4 of the Right to Information Act, 2005 (RTI Act, 2005) to provide information in respect of powers, duties and functions of the Office of the Chief Commissioner for Persons with Disabilities (Office of the CCPD) set up under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PwD Act) and has been mandated to take steps to safeguard the rights of persons with disabilities which is repealed by the Rights of Persons with Disabilities (RPwD) Act, 2016.

1.2 Objectives

1. To provide access to information under the control of Office of the Chief Commissioner for Persons with Disabilities and to promote transparency and accountability in the working.
2. To provide maximum information suo motu or sources thereof so that people have minimum resort to use of the RTI Act.

1.3 Intended Users

This handbook is useful for the persons with disabilities, their guardians, Voluntary Organizations and individuals working in the field of disability and Central/State Government Organizations.

1.4 Contact persons for getting more information

Shri Rajeev Malhotra, Desk Officer in the Office of the CCPD is CPIO for getting information by post, e-mail, telephone or fax at the following address:

Office of the Chief Commissioner for Persons with Disabilities (Divyangjan)

5^th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075

Tele# 011-20892364, 20892275

E-mail: ccpd[at]nic[dot]in, Website: www.ccdisabilities.nic.in

1.5 Definitions/Abbreviations used

“RTI Act” means Right to Information Act, 2005.

“RPwD Act” means Rights of Persons with Disabilities Act, 2016;

“RPwD Rule” means Rights of Persons with Disabilities Rule, 2017;

“Office of the CCPD” means Office of the Chief Commissioner for Persons with Disabilities set up under the PwD Act;

“Chief Commissioner for Persons with Disabilities” means an officer appointed under Section 57(1) of the PwD Act;

“PIO” means Public Information Officer designated under Section 5(1) of the RTI Act;

“APIO” means Assistant Public Information Officer designated under Section 5(2) of the RTI Act;

“Appellate Authority” means the authority to whom an appeal can be submitted under Section 7(8)(iii) of the RTI Act.

“PwD Act” means Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;

“PwD Rules” means Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996;

1.6 Procedure and fee structure for getting information not available in the handbook

Any person who wishes to seek information under the Right to Information Act, 2005 can file an application in Form-A, attached with this Handbook, to the Public Information Officer or Assistant Public Information Officer of Office of the CCPD. Forms are available at free of cost in the Office of the CCPD. It can also be downloaded from the website of the Office of the CCPD.

A nominal application fee of Rs.10/- per application will be charged by way of cash against proper receipt or by demand draft or bankers cheque payable to “Pay & Accounts Officer, Ministry of Social Justice & Empowerment, New Delhi” for supply of information other than the information relating to Tender Documents/Bids/Quotations/Business Documents in addition to the cost of document or the photocopies of document/information, if any. For Tender Documents, an application fee of Rs. 500/- per application will be charged. A sum of Rs. 2/- per page will be charged for supply of photocopy of document(s) under the control of Office of the CCPD.

No fee shall be charged from the persons who are below poverty line on submission of photocopy of the BPL card issued by the competent authority.

The Office will endeavor to provide the information in the shortest possible time subject to a maximum of 30 days.

In case, any person does not get a response from the PIO or APIO within 30 days of the submission of Form-A or is aggrieved by the response received within the prescribed period, he/she may file an appeal to the following Appellate Authority:

Shri Vikas Trivedi

Deputy Chief Commissioner

Office of the Chief Commissioner for Persons with Disabilities (Divyangjan)

5^th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075

Tele# 011-20892364, 20892275

E-mail: ccpd[at]nic[dot]in, Website: www.ccdisabilities.nic.in

The meeting to launch the Asian and Pacific Decade of Disabled Persons 1993-2002 was convened by the Economic and Social Commission for Asia and Pacific (ESCAP) at Beijing in December, 1992, which adopted the Proclamation on the Full Participation and Equality of People with Disabilities in Asian and Pacific Region. India is a signatory to the said proclamation. Therefore, in order to implement the Proclamation, Government of India enacted The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Persons with Disabilities Act), which came into effect from 7th February 1996 which is repealed by the Rights of Persons with Disabilities (RPwD) Act, 2016.

It has been provided in the RPwD Act that there shall be a Chief Commissioner for Persons with Disabilities and every State will have a Commissioner for Persons with Disabilities. Accordingly, office of the Chief Commissioner for Persons with Disabilities was established by the Govt. of India, which started functioning with effect from October, 1998. The office is located at 5^th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075.

The organisation hierarchy of the Office of the Chief Commissioner for Persons with Disabilities is as under:

2.2 Powers of the Chief Commissioner for Persons with Disabilities

As per Section 77 of the PwD Act, the Chief Commissioner 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 –

1. summoning and enforcing the attendance of witnesses;
2. requiring the discovery and production of any documents;
3. requisitioning any public record or copy thereof from any court or office;
4. receiving evidence on affidavits; and
5. issuing commissions for the examination of witnesses or documents.

Every proceeding before the Chief Commissioner for Persons with Disabilities is a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Chief Commissioner shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

Being the Head of the Department, all administrative and financial powers are vested in the Chief Commissioner for Persons with Disabilities or in his/her absence, in the Commissioner/Deputy Chief Commissioner, duly authorized by the Government.

Chief Commissioner is assisted by Commissioner & Dy. Chief Commissioner, Desk Officers and other staff members for discharging his/her duties.

2.3 Functions of the Chief Commissioner for Persons with Disabilities

The functions of the Chief Commissioner, as defined in Section 75 of the RPwD Act, 2016 are as under

1. 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;
2. 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;
3. 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;
4. review the factors that inhibit the enjoyment of rights of persons with disabilities and recommend appropriate remedial measures;
5. study treaties and other international instruments on the rights of persons with disabilities and make recommendations for their effective implementation;
6. undertake and promote research in the field of the rights of persons with disabilities;
7. promote awareness of the rights of persons with disabilities and the safeguards available for their protection;
8. monitor implementation of the provisions of this Act and schemes, programmes meant for persons with disabilities;
9. monitor utilisation of funds disbursed by the Central Government for the benefit of persons with disabilities; and
10. perform such other functions as the Central Government may assign.

2.4 Mission/Vision Statement

Vision

1. An India, which places its citizens with disabilities on the same platform as the non-disabled citizens.

Mission

1. To protect the rights of citizens with disabilities
2. To create The Rights of Persons with Disabilities so that they can lead a life of Equality and Dignity.
3. To promote an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities.

2.5 Mechanism available for monitoring the service delivery and procedure for redressal of public grievance

For monitoring and reviewing the status of implementation of the RPwD Act, reports are called from the Commissioners, Disabilities of the States/UTs. Besides, an annual meeting of State Commissioners per Persons with Disabilities of the States/UTs is organized by the Office of the CCPD for the purpose.

Office of the Chief Commissioner for Persons with Disabilities also conducts workshops for creating awareness and promotion of major focus areas such as inclusive education, employment opportunities for persons with disabilities, barrier free environment, etc. In the year 2005-06, Training Workshops are also being conducted for creation of “Resource Pool of Access Auditors” throughout the country. The services of the trained Access Auditors will be utilized by the concerned organizations for creating barrier free built environment at public places or public utility buildings.

Office of the CCPD, on its own motion or on the application of any aggrieved person takes up the matter related to non-implementation of Act, Rules, Laws, Instructions issued by the Government organizations, etc. with the concerned organizations.

The procedure for submission of complaints before the Chief Commissioner for Persons with Disabilities has been prescribed in Rule 38 of the RPwD Rules, 2017 which is as under –

1. An aggrieved person may present a complaint containing the following particulars in person or by his agent to the Chief Commissioner or the Commissioner or send it by registered post or by email addressed to the Chief Commissioner or the Commissioner, namely:-
   1. the name, description and the address of the aggrieved person;
   2. the name, description and the address of the opposite party or parties, as the case may be, so far as they may be ascertained;
   3. the facts relating to complaint and when and where it arose;
   4. documents in support of the allegations contained in the complaint; and
   5. the relief which the aggrieved person claims.
2. The Chief Commissioner or the Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party or parties mentioned in the complaint, directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the Chief Commissioner or the 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 Chief Commissioner or the Commissioner.
4. Where the aggrieved person or his agent fails to appear before the Chief Commissioner or the Commissioner on such days, the Chief Commissioner or the Commissioner may either dismiss the complaint on default or decide on merits.
5. Where the opposite party or his agent fails to appear on the date of hearing, the Chief Commissioner or the Commissioner may take such necessary action under section 77 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.
6. The Chief Commissioner or the Commissioner may dispose of the complaint ex-parte, if necessary.
7. The Chief Commissioner or the Commissioner may on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint.
8. The Chief Commissioner or the 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.

In accordance with the above procedure, the complaints received by post, facsimile or e-mail are put up to the Chief Commissioner/Commissioner/Deputy Chief Commissioner.

The show cause notices are quite detailed pointing out the violation of the relevant provision of the Section of the Act, Rules, Regulations etc. and the possible remedial action that the respondent should take. If the remedial action is taken, the case is disposed off at that stage itself and appropriate order is passed. In other cases, on receipt of the replies of the opposite parties, the complainant is given the opportunity to file rejoinder. Thereafter, parties are given personal hearings by issuing summons.

After hearing the parties, the Record of Proceedings containing interim order/advice are prepared on the spot and handed over to the parties.

Office of the Chief Commissioner also suo motu takes up a large number of cases on the basis of advertisements released by the establishments. Most of these cases pertain to reservation of vacancies in appointments and reservation of seats in admission to various courses of studies conducted by Government or Government aided educational institutions.

A large number of people with disabilities or their representatives are also given personal hearings even without any written complaint or prior appointment. Often, Complainants are assisted by the Officers and Staff Members in preparing representations/complaints and are also counseled.

Rights of Persons with Disabilities Act, 2016

Rights of Persons with Disabilities Rules, 2017

Notifications, Instructions issued by various Ministries/Departments of Govt. of India for persons with disabilities

Service/Administrative/Financial Rules

The documents mentioned at (a) & (b) above are under the control of office of Chief Commissioner for Persons with Disabilities and can be obtained free of cost by making written request to the PIO or APIO. Other documents are not under its control and can be obtained from the concerned Ministry/Department of the Govt. of India. However some of the relevant Notifications, Rules, Instructions, etc. have been posted in the website of Office of the CCPD and Printouts can be taken from it.

* These documents are available on the website of this office at http://www.ccdisabilities.nic.in/. Print out can be taken from the website.

# These documents will be provided free of cost on payment of fee towards postal charges only as per the rates mentioned below:

In the absence of stock, the photocopies of these documents or any other document can be provided on payment of Rs. 2/- per page + postal charges.

4.2 Procedure to obtain these documents

The documents under the control of Office of Chief Commissioner for Persons with Disabilities can be collected by hand on cash payment as per the rates mentioned against each item or by post by sending a demand draft to the office in favour of “Pay & Accounts Officer, Ministry of Social Justice & Empowerment, New Delhi”. The value of demand draft should include the postal charges given below in addition to the cost of the book on Judgements on Disability Issues i.e., Rs. 100/- + Postal Charges (for one book only).

For getting photocopies of other documents, demand draft of an appropriate amount i.e., Rs. 2/- per page (depending upon the number of pages required) + postal charges as per the rates given below shall be sent to the Office of the CCPD –

Please send your requisition to the Office of the Chief Commissioner for Persons with Disabilities, 5th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075, Tele# 011-20892364, 20892275, E-mail: ccpd[at]nic[dot]in, Website: www.ccdisabilities.nic.in

4.3 List of Exempted Documents

1. Annual Confidential Reports of the Officers/staff.
2. Minutes of Departmental Promotion Committees/Selection Committees.
3. Confidential information received from the parties in connection with the cases before the Court of Chief Commissioner.

Dr. Nitin Shakya
Director (Social Welfare) &
Commissioner for Persons with Disabilities
Andaman & Nicobar Administration
Directorate of Social Welfare
Goal Ghar, Port Blair -744101

Phone: 03192- 233356 (O)
E-Mail: directorsw4[at]gmail[dot]com
Whatsapp No: 9891666630 (Dr. Nitin Shakya)

0651-2400749 (Director Social Welfare)
Fax: (0651) 2401886
E-mail: sdcjharkhand[at]yahoo[dot]com
jharkhandsdc[at]gmail[dot]com
sdcsatish[at]gmail[dot]com

6.2 Public Information Officers –

Shri Rajeev Malhotra

Desk Officer

Office of Chief Commissioner for Persons with Disabilities

5^th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075. (Tele # 011-20892364, 20892275).

E-mail: ccpd[at]nic[dot]in

6.3 Department Appellate Authority –

Shri Vikas Trivedi

Deputy Chief Commissioner

Office of Chief Commissioner for Persons with Disabilities (Divyangjan)

5^th Floor, NISD Building, Plot No.G-2, Sector-10, New Delhi-110075

Tele# 011-20892364, 20892275, 20892356

E-mail: ccpd[at]nic[dot]in

For Administrative & Financial matters,

For Legal matters & Grievances,

7.2 Procedure of Handling Receipt and Decision Making Process

All receipts/papers are first seen by the Chief Commissioner/Commissioner/Deputy Chief Commissioner and marked to the concerned Desk Officer in charge of Administration/Accounts and Legal sections, who further mark these to the concerned dealing staff. After diarising, which is being computerized, the receipts are handed over to concerned dealing staff.

The dealing staff put up the receipts in the concerned file and submit to the concerned Desk Officer, who, after examination, submit the files to the Dy. Chief Commissioner/ Commissioner. Depending upon the nature of the matter, Commissioner/Dy. Chief Commissioners dispose these off at his level or submit these to Chief Commissioner with his comments for decision. After the decision, file is returned to the concerned dealing staff through the Commissioner, Dy. Chief Commissioner and Desk Officer and reply is communicated to the concerned person.

7.3 There is no provision for Appellate Authority in the RPwD Act, 2016. However, the aggrieved party may file a Writ Petition in the appropriate higher forum against the decision of Chief Commissioner/Commissioner, if so advised.

Consolidated Remuneration

(Amount in Lakhs of Rupees)

Form ‘A’

Form of application for seeking information

RTI Application No. _____________

(To be filled by the Office)

To

(PIO or APIO)

1. Name of the applicant :

2. Postal Address :

3. Tele. No., Fax, E-mail, etc. :

4. Particulars of information required-

5. I state that the information sought does not fall within the restrictions contained in Section 8 of the RTI Act and to the best of my knowledge it pertains to your office.

6. A fee of Rs. _________ has been deposited in the office vide Receipt No. ________ dated ____________ or the demand draft in favour of Pay & Accounts Officer, Ministry of Social Justice and Empowerment, New Delhi is enclosed.

Place:

Date:

Signature of Applicant

Kindly fill all the columns properly and strike out, whichever is not applicable.