Re: [AI] CCPD notice regarding identification of jobs
Indeed, a highly commendable proactive step by CCPD. Mr. pincha deserves to be heartily congratulated for such a courage and initiative... -Original Message- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Vikas Kapoor Sent: Tuesday, September 25, 2012 5:25 PM To: Access India Subject: [AI] CCPD notice regarding identification of jobs In the Court of the Chief Commissioner for Persons with Disabilities Ministry of Social Justice & Empowerment f^^TeracTT c^tf fcffiFT/Department of Disability Affairs Notice of Complaint to Show Cause & Hearing CaseNo.859/1011/12-13 In the matter of: Suo motu Versus Department of Disability Affairs Ministry of Social Justice and Empowerment Through: the Secretary Shastri Bhawan, New Delhi-110001 Respondent Whereas Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 hereinafter referred to as the Act, provides as under: - "Every appropriate Government shall (a) identify posts in the establishments which can be reserved for the persons with disability; (b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology". 2. And whereas the list of identified posts for persons with disabilities under Section 32 of the said Act was last issued vide Ministry of Social Justice and Empowerment's Notification Nos. 16-70/2004-DD-lll dated 18.01.2007 for Group A and B and dated 15.03.2007 for Group C and D respectively; 3. And whereas going by the mandate of Section 32 of the said Act, issuance of a revised/updated list of identified posts in Group A and B fell due on 17.01.2010 and in Group C and Don 14.03.2010; 4. And whereas more than two-and-a-half years have elapsed since issuance of said notification of identified posts fell due; Dated: 17.09.2012 Dispatch No. .2 5. And whereas the Department of Disability Affairs, Ministry of Social Justice & Empowerment, Govt, of India, has not complied with the mandate of Section 32 of the said Act; 6. And whereas Chief Commissioner for Persons with Disabilities vide letter No. 9-10/CCD/2008 dated 11.07.2012 (copy enclosed) inter-alia suggested to the Department of Disability Affairs, Ministry of Social Justice and Empowerment, Govt, of India, that since the issuance of notification of revised/updated list of identified posts under Section 32 of the Act is long over due, it should be notified within one month from the date of the said letter; 7. And whereas the Department of Disability Affairs, Ministry of Social Justice & Empowerment, Govt, of India, neither complied with the advice of the Chief Commissioner nor did they respond to the Chief Commissioner's letter dated 11.07.2012; 8. And whereas the Chief Commissioner was constrained to issue a reminder vide letter No.9-10/CCD/2008 dated 29.08.2012 reminding the said Department to issue/notify the list of identified posts in compliance with Section 32 of the Act giving the said Department further 15 days time for this purpose; 9. And whereas the Department of Disability Affairs, Ministry of Social Justice & Empowerment, Govt, of India, while responding to the Chief Commissioner's letter No. 9-10/CCD/2008 dated 29.08.2012 have not given any definitive time frame within which the notification of revised/updated list of identified posts will be issued in compliance with the mandate of Section 32 of the Act; 10.And whereas as per Section 59 of the Act, Chief 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 non-implementation of laws, rules, bye-laws, regulations, executive orders, 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; 11.And whereas Section 63 of the said Act says as under:- (1) The Chief Commissioner and the 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. 3... (2) Every
[AI] CCPD notice regarding identification of jobs
In the Court of the Chief Commissioner for Persons with Disabilities Ministry of Social Justice & Empowerment f^^TeracTT c^tf fcffiFT/Department of Disability Affairs Notice of Complaint to Show Cause & Hearing CaseNo.859/1011/12-13 In the matter of: Suo motu Versus Department of Disability Affairs Ministry of Social Justice and Empowerment Through: the Secretary Shastri Bhawan, New Delhi-110001 Respondent Whereas Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 hereinafter referred to as the Act, provides as under: - "Every appropriate Government shall (a) identify posts in the establishments which can be reserved for the persons with disability; (b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology". 2. And whereas the list of identified posts for persons with disabilities under Section 32 of the said Act was last issued vide Ministry of Social Justice and Empowerment's Notification Nos. 16-70/2004-DD-lll dated 18.01.2007 for Group A and B and dated 15.03.2007 for Group C and D respectively; 3. And whereas going by the mandate of Section 32 of the said Act, issuance of a revised/updated list of identified posts in Group A and B fell due on 17.01.2010 and in Group C and Don 14.03.2010; 4. And whereas more than two-and-a-half years have elapsed since issuance of said notification of identified posts fell due; Dated: 17.09.2012 Dispatch No. .2 5. And whereas the Department of Disability Affairs, Ministry of Social Justice & Empowerment, Govt, of India, has not complied with the mandate of Section 32 of the said Act; 6. And whereas Chief Commissioner for Persons with Disabilities vide letter No. 9-10/CCD/2008 dated 11.07.2012 (copy enclosed) inter-alia suggested to the Department of Disability Affairs, Ministry of Social Justice and Empowerment, Govt, of India, that since the issuance of notification of revised/updated list of identified posts under Section 32 of the Act is long over due, it should be notified within one month from the date of the said letter; 7. And whereas the Department of Disability Affairs, Ministry of Social Justice & Empowerment, Govt, of India, neither complied with the advice of the Chief Commissioner nor did they respond to the Chief Commissioner's letter dated 11.07.2012; 8. And whereas the Chief Commissioner was constrained to issue a reminder vide letter No.9-10/CCD/2008 dated 29.08.2012 reminding the said Department to issue/notify the list of identified posts in compliance with Section 32 of the Act giving the said Department further 15 days time for this purpose; 9. And whereas the Department of Disability Affairs, Ministry of Social Justice & Empowerment, Govt, of India, while responding to the Chief Commissioner's letter No. 9-10/CCD/2008 dated 29.08.2012 have not given any definitive time frame within which the notification of revised/updated list of identified posts will be issued in compliance with the mandate of Section 32 of the Act; 10.And whereas as per Section 59 of the Act, Chief 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 non-implementation of laws, rules, bye-laws, regulations, executive orders, 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; 11.And whereas Section 63 of the said Act says as under:- (1) The Chief Commissioner and the 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. 3... (2) Every proceeding before the Chief Commissioner and Commissioners shall be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code and the Chief Commissioner, the 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. 12.And therefore, as directed by the Chief Commissioner for Persons wit