On this there could be different legal opinions.
My opinion is as follows:
1. Unless CCPD issues recommendations under Section 75B to government
authority, then only a government authority has a right to reject such
recommendations within 90 days by giving reasons for rejection in
writing. Accordingly, any directions issued under Section 75 read with
Section 77 against every establishment which includes government and
private are binding as directions.
2. CCPD does have power to impose fines under Section 89, summon
officials, demand for production of records, and so on. But till date I
am not aware of any instance where CCPD would have imposed a fine on
anyone.
3. CCPD's power to report to parliament is quite broad, but I am not
aware if they have utilised the power in any specific instance.
4. It is up to us to see how to have companies ensure compliance. And we
will not drop the ball on this one as well.
Regards,
Amar Jain
On 17/05/2024 16:16, Cauvery Krishna wrote:
No, how efficient is the reporting to the parliament is? Does any of
the CCPD body has authority to impose fines? My question comes from how
easy is it for the companies to get away with it?
On Fri, 17 May 2024, 16:11 Amar Jain, <amarj...@amarjain.com> wrote:
Here, there is a state commissioner in every state, and there is the
Chief Commissioner at the central level.
Parliamentary reporting mechanism is not a right for us, it is a
prerogative of the CCPD to be used where they feel that despite
direction if there has been non-compliance in specific instances or
even in general.
Does this answer your question?
Regards,
Amar Jain
On 17/05/2024 16:07, Cauvery Krishna wrote:
Dear Amar, could you please explain this in simple words? , Ola Cabs
has to submit a compliance report in 90 days from the issuance of this
order, failing which the matter will be reported to the Parliament. I
would like to know why would it be reported to the parliament? Can you
explain the hierarchy of CCPD? For example in usual cases there is
trial court then a high court then the Supreme court.
On Fri, 17 May 2024, 14:49 Maruti Paramwad, <mparam...@gmail.com>
wrote:
Hello amar sir,
Greetings!
Great work amar sir! This is a very big achievement.
Sent from my iPhone
On 17 May 2024, at 1:37 PM, Amar Jain <amarj...@amarjain.com> wrote:
Dear all,
On May 10 2024, the Court of Chief Commissioner for Persons With
Disabilities issued wide ranging directions to Ola Cabs to make their
services disability inclusive. The top points from the order are as
under:
* Allow users to disclose their disability in profile and conduct
targeted disability-specific sensitization for its driver partners
* Appointment of an Accessibility Auditor and a Grievance Redressal
Officer
* Clear direction from the company's CEO to ensure accessibility of all
existing and new features
* Submission of an undertaking by the company to the CCPD for
compliance with accessibility standards and mandating
self-certification on an annual basis
Ola Cabs has to submit a compliance report in 90 days from the issuance
of this order, failing which the matter will be reported to the
Parliament.
Detailed order is attached for your reference.
Regards,
Amar Jain
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[1].
<OLA Cabs-13532-Order.pdf>
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