Persons with Disabilities Act, 1995 - State Coordination Committee

The State Coordination Committee

(1) Every State Government shall, by notification, constitute a body to be known as the State Coordination Committee to exercise the powers conferred on, and to perform the function assigned to it, under this Act.

(2) the State Coordination Committee shall consist of -

   1. The Minister in-charge of the Department of Social Welfare in the State Government, Chairperson, ex officio;

(3) Notwithstanding anything contained in this section, no State Coordination Committee shall be constituted for a Union territory and in relation to a Union territory, the Central Coordination Committee shall exercise the functions and perform the functions of a State Coordination Committee for the Union territory:

      Provided that in relation to a Union territory, the Central Coordination Committee may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.

• Save as other wise provided by or under this Act, a Member of a State Coordination Committee nominated, Under clause (f) or clause (h) of sub-section (2) of section 13 shall hold office for a term of three years from the date of his nomination: Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
• The term of office of an ex officio Member shall come to an end as soon as be ceases to hold the office by virtue of which he was so nominated.
• The State Government may, if it thinks fit, remove any Member nominated under clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
• A Member nominated under clause (f) or clause (h) of sub-section (2) of section 13 may, at any time, resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.
• A casual vacancy in the State Coordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
• A Member nominated under clause (f) and clause (h) of sub-section (2) of section 13 shall be eligible for renomination.
• Members nominated under clause (f) and clause (h) of sub-section (2) of section 13 shall receive such allowances as may be prescribed by the State Government.

          (1) No person shall be a Member of the State Coordination Committee, who-

               i. is, or at any time, has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or

         (2) No order of removal shall be made by the State Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same.

         (3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of section 14, a Member who has been removed under this section shall not be eligible for renomination as a Member.

          If a Member of the State Coordination Committee becomes subject to any of the disqualifications specified in section 15, his seat shall become vacant.

         The State Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

          (i) Subject to the provisions of this Act, the function of the State Coordination Committee shall be to serve as the state focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.

        (ii) In particular and without prejudice to the generality of the foregoing function the State Coordination Committee may, within the State perform all or any of the following functions, namely:-

• review and coordinate the activities of all the Departments of Government and other Govern-mental and non-Governmental Organisations which are dealing with matters relating to persons with disabilities;
• develop a State policy to address issues faced by persons with disabilities;
• advise the State Government on the formulation of policies, progr-ammes, legislation and projects with respect to disability;
• review, in consultation with the donor agencies, their funding policies from the perspective of their impact on persons with disabilities;
• take such other steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions;
• monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;
• to perform such other functions as may be prescribed by the State Government.

          (1) The State Government shall constitute a committee to be known as the State Executive Committee to perform the functions assigned to it under this Act. The State Government shall constitute a committee to be known as the State Executive Committee to perform the functions assigned to it under this Act.

          (2) The State Executive Committee shall consist of -

• the Secretary, Department of Social Welfare, Chairperson, ex officio;
• the Commissioner, Member, ex officio;
• nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of Health, Finance, Rural Development, Education, Welfare, Personnel Public Grievances, Urban Affairs Labour and Employment, Science and Technology, Members, ex officio;
• one person to be nominated by the State Government to represent the interest, which in the opinion of the State Government ought to be represented, Member;
• five persons, as far as practicable being persons with disabilities, to represent non-governmental organisations or associations which are concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members: Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;
•  Joint Secretary dealing with the disability division in the Department of Welfare, Member-Secretary, ex officio.

         (3) Members nominated under clause (d) and clause (e) of sub-secion (2) shall receive such allowances as may be prescribed by the State Government.

        (4) A Member nominated under clause (d) or clause (e) may at any time resign his office by writing under his hand address to the State Government and the seat of the said Member shall thereupon become vacant.

         (ii) Without prejudice to the provisions of sub-section (1), the State Executive Committee shall also perform such other functions as may be delegated to it by the State Coordination Committee.

(1) The State Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.

(2) A person associated with the State Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.

(3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the State Government.
In the performance of its functions under this Act, -

   i. the Central Coordination Committee shall be bound by such directions in writing, as the Central Government may give to it; and
   ii. the State Coordination Committee shall be bound by such directions in writing, as the Central Coordination Committee or the State Government may give to it:

      Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Coordination Committee, the matter shall be referred to the Central Government for its decision.

     No act or proceeding of the Central Coordination Committee, the Central Executive Committee, a State Coordination Committee or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.