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State of Jammu-Kashmir - Section

Section 46 in Jammu and Kashmir Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998

46. [ Appointment of Commissioner for persons with disabilities. [Substituted for "Director" by Act XIII of 2005, dated 9.5.2005, w.e.f. 30.12.2004.]

- [(1) The Government may, by notification, in the Government Gazette, appoint Commissioner for Persons with Disabilities, for purpose of this Act.]
(2)[ A person shall not be eligible for appointment as Commissioner for persons with disabilities, unless, he/she -
(a)must have special knowledge of practical experience in respect of matters relating to rehabilitation of persons with disabilities ;
(b)should not have attained the age of 65 years on the last date of receipt of application ;
(c)possesses such other experience as may be prescribed by the Government from time to time.
(3)In case the Commissioner appointed under this Act is in service under the State or Central Government or any other Institution or Organization, he/she, before entering the office resign from such service.
(4)The Commissioner shall be appointed in the manner as may be prescribed on the recommendations of a Search-cum-Selection Committee consisting of following officers, namely : -
(a) Administrative Secretary, Social WelfareDepartment : Chairperson
(b) Administrative Secretary, Department of Law,Justice and Parliamentary Affairs : Member
(c) Director, Social Welfare, Kashmir/Jammu : Member(s)
(d) Director, Composite Regional Centre, J&K : Member
(e) Special Secretary to Government, SocialWelfare Department : Member-Secretary
Provided that initial appointment under this clause shall be made by the Government in Social Welfare Department by nomination amongst the persons who fulfill the eligibility for appointment as Commissioner for Persons with Disabilities as provided in sub-section (2).
(5)The salary and allowances payable to the Commissioner shall be same as to that of the Secretary to Government.
(6)The Commissioner shall hold the office for a period of three years or till he attains the age of sixty five years, whichever is earlier, which shall be extendable by a further period of three years and thereafter he/she shall not be eligible for reappointment/extension in service.] [Inserted by Act No. 4 of 2017, dated 27.4.2017.]
(7)[] [Renumbered '2' by Act No. 4 of 2017, dated 27.4.2017.] The 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.
(8)[] [Renumbered '3' by Act No. 4 of 2017, dated 27.4.2017.] The Government may, by notification in the Government Gazette, designate the Director, Social Welfare, Jammu and Director, Social Welfare, Kashmir as Additional Commissioners and Additional Deputy Commissioners in the Districts as Joint Commissioners for the purposes of the Act.
(9)[] [Renumbered '4' by Act No. 4 of 2017, dated 27.4.2017.] The Additional Commissioners and Joint Commissioners designated under sub-sections shall discharge their functions under the general superintendence of Commissioner.]