Section 48 in Jammu and Kashmir Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998
48. [Commissioner] [Substituted for "Director" by Act XIII of 2005, dated 9.5.2005, w.e.f. 30.12.2004.] to look into complaints with respect to matters relating to deprivation of rights of persons with disabilities.
- Without prejudice to the provisions of section 47, the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to mattes relating to:(a)deprivation of rights of person with disabilities;(b)non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the Government and the local authorities for the welfare and protection of rights of persons with disabilities and take up the matter with the appropriate authorities.[48A. Authorities and officers to have certain powers of civil court.(1)The Commissioner shall, for the purpose of discharging his functions under the Act, have the same powers as are vested in a court under the Code of Civil Procedure, Samvat 1977 while trying a suit in respect of the following matters, namely:(a)summoning and enforcing attendance of the witnesses;(b)requiring the discovery and production of any documents;(c)requiring any public record or copy thereof from any office;(d)receiving evidence in the form of affidavits; and(e)issuing commissions for the examination of witnesses or documents.(2)Every proceeding before the Commissioner, Additional Commissioners and Joint Commissioners shall be a judicial proceeding within the meaning of sections 193 and 228 of the State Ranbir Penal Code, Samvat 1989 and the Commissioner, Additional Commissioners and Joint Commissioners shall be deemed to be a civil court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, Samvat 1977.] [Inserted by Act XIII of 2005, dated 9.5.2005, w.e.f. 30.12.2004.]
