ORDER 1. On 27-1-2003 it was pointed out that leprosy persons are not being taken for bacteriological investigation at Balasore district in terms of OM dated 25-6-1980. Ministry of Health. Now the learned Additional Solicitor General appearing for Respondent 2 Chief Commissioner for persons with disabilities has taken us through various provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the Rules made thereunder. Under the Act and the Rules certain responsibilities are entrusted on the State Government and certain on the Chief Commissioner. The Chief Commissioner has a pivotal position under the provisions of the Act. The Chief Commissioner is appointed by the Central Government under Section 57(1) of the Act and the functions of the Chief Commissioner are as provided in Section 58. As provided in Section 59 the Chief Commissioner is to look into the complaints with respect to deprivation of rights of persons with disabilities. At State level, the Commissioners are appointed as provided in Section 60(1) of the Act. The powers of the Commissioners are enumerated in Section 61. The Commissioners and Chief Commissioners have certain powers of civil courts as provided in Section 63. Rules 4, 5 and 6 deal with the aspect of issue of the disability certificate and the constitution of the Medical Board by the State Government and the examination by the Medical Board. Sections 2(i), (n) and (1) define "disability", "leprosy-cured persons", "person with disability" respectively. As provided for in Section 25, the appropriate Governments and local authorities are to undertake surveys, investigation etc. with a view to preventing the occurrence of disabilities. 2. In the application, it has been averred that two patients met their unnatural death for want of bacteriological investigation, but without specifying when did it happen and without specifying whether the State Governments were approached or not. However, without going into the interplay of various provisions of the Act and the Rules to conclusively determine functions of various authorities and the technicalities at this stage and to avoid the recurrence of unfortunate incidents for want of proper investigation and treatment, we deem it appropriate to direct the persons concerned to approach the State Government, in particular, the Department of Health Services, Leprosy Cell, State of Orissa and State of West Bengal, depending upon where the applicants are.
We direct the said State Health Authorities to forthwith look into the grievances of those who approach them and get the necessary investigation conducted and follow-up action, if necessary. 3. In the meanwhile, Respondent 1 may file its reply within four weeks. List these matters after five weeks. Court Masters