Amendment status not verified — confirm the current text below against the official source.
Appointment of Commissioners for Persons with Disabilities: (1) Every State Government may, by notification appoint a Commissioner for persons with disabilities, on full-time basis, for the purposes of this Act; (2) The Commissioner shall be appointed for a term of three years from the date on which he assumes office or till he attains the age of sixty five years, whichever is earlier; Provided that, notwithstanding the completion of the term of three years, a Commissioner shall continue till his successor enters upon his office, subject to the former not having attained the age of sixty five years. (3) A person shall not be appointed as Commissioner for more than two terms; (4) Subject to the provisions of sub-section (5) below, qualification and experience for appointment as Commissioner for Persons with Disabilities shall be as prescribed by the State Government. 66 (5) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner. (6) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may he prescribed by the State Government. (5) A person shall not be appointed as Commissioner unless he satisfies the following conditions: (a) He has special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities; and (b) On his selection for appointment as the Commissioner, if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post. (6) The salary and allowances payable to and other terms and conditions of service (including pension gratuity and other retirement benefits) of the Commissioner shall be such as may be prescribed by the State Government. (7) The Commissioner may, by notice in writing under his hand, addressed to the State Government, resign his post. (8) State Government may remove a person from the office of the Commissioner, if that person:- (a) becomes an un-discharged insolvent; (b) engages during his term of office in any paid employment or activity outside the duties of his office; (c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; (d) has in the opinion of the Central Government, been rendered unfit to perform his functions as laid down in the Act, or has been guilty of serious default in the performance of such functions; (e) has in the opinion of the State Government, so abused the position of the Commissioner as to render his continuance in office detrimental to the interest of persons with disability: 67 Provided that no person shall be removed under this sub-section except after following such procedure as may be prescribed. (9) In the event of the post of Commissioner falling vacant due to death, resignation or any other unforeseen circumstances, the State Government may appoint an officer not below the rank of a Secretary to the State Government to perform the functions of the Commissioner for a period not exceeding 6 months with effect from the date of occurrence of the vacancy, or until his successor shall have been duly appointed, whichever is earlier. (10) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit. (11) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner. (12) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may be prescribed by the State Government. 80