Section 42 in The Person With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Rules, 1996
42. Procedure to be followed by Chief Commissioner
.-(1) A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the Chief Commissioner for Persons with Disabilities or be sent by registered post addressed to the Chief Commissioner:-(a)The name, description and the address of the complainant;(b)The name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained;(c)The facts relating to complaint and when and where it arose;(d)Documents in support of the allegations contained in the complaint;(e)The relief which the complainant claims.(2)The Chief Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party/parties mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the Chief Commissioner.(3)On the date of hearing or any other date to which hearing could be adjourned, it shall be obligatory on the parties or their agents to appear before the Chief Commissioner.(4)Where the complainant or his agent fails to appear before the Chief Commissioner on such days, the Chief Commissioner may in his discretion either dismiss the complaint on default or decide it on merits.(5)Where the opposite party or his agent fails to appear on the date of hearing, the Chief Commissioner may take such necessary action under section 63 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.(6)The Chief Commissioner may dispose of the complaint ex parte , if necessary.(7)The Chief Commissioner may, on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint.(8)The complaint shall be decided, as far as possible, within a period of three months from the date of notice received by the opposite party.[43. Qualification for appointment of Chief Commissioner -In order to be eligible for the appointment as Chief Commissioner, a person must satisfy the following conditions, namely:-(i)he should have special knowledge or practical experience in respect of matter relating to rehabilitation of persons with disabilities;(ii)he should not have attained the age of sixty years on the 1st January of the year in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule (1) of rule A, falls;(iii)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; and(iv)he must possess the following educational qualification and experience, namely(A)Educational qualifications.-(i)Essential: Graduate from a recognised university.(ii)Desirable: Recognised degree/diploma in Social Work/Law/Management/Human Rights/Rehabilitation/Education of Disabled Persons.(B)Experience.-Should have at least twenty-five years experience in one or more of the following types of organizations at specified levels:-(a)In a Group 'A' level post in Central/State Government/Public Sector Undertaking/Semi Government or Autonomous Bodies dealing with disability related matters and/or social sector (health/education/poverty alleviation/women and child development); or(b)A senior level functionary in a registered national or international level voluntary organisation working in the field of disability/social development; or(c)Senior Executive position in a leading private sector organisation, involved in social work and in charge of handling social development activities of the organization:Provided that out of the total twenty-five years experience mentioned above, at least three years of experience in the recent past should have been in the field of empowerment of persons with disabilities.A. Mode of appointment of the Chief Commissioner -(1)About six months before the post of Chief Commissioner is due to fall vacant, an advertisement shall be published in at least two national level dailies each in English and Hindi inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule .(2)A Search-cum-Selection shall be constituted to recommend a panel of three suitable candidates for the post of the Chief Commissioner.(3)Composition of the Committee will be governed by relevant instructions issued by the Department of Personnel and Training from time to time.(4)The panel recommended by the Committee may consist of persons from amongst those who have applied in response to the advertisement mentioned in sub-rule (1) above, as well as other eligible persons whom the Committee may consider suitable.(5)The Central Government shall appoint one of the candidates recommended by the Search-cum-Selection Committee as the Chief Commissioner.B. Term of the Chief Commissioner -(1)The Chief Commissioner shall be appointed on full-time basis for a period of three years from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.(2)A person may serve as Chief Commissioner for a maximum of two terms, subject to the upper age limit of sixty-five years.C. Salary and allowances of the Chief Commissioner -(1)The salary and allowances of the Chief Commissioner shall be the salary and allowances as admissible to a Secretary to the Government of India.(2)Where a Chief Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.D. Other terms and conditions of service of the Chief Commissioner -(1)Leave -The Chief Commissioner shall be entitled to such leave as is admissible to Government servants under the Central Civil Service (Leave) Rules, 1972.(2)Leave Travel Concession -The Chief Commissioner shall be entitled to such Leave Travel Concession as is admissible to Group 'A' Officers under Central Civil Service (LTC) Rules, 1988.(3)Medical Benefits -The Chief Commissioner shall be entitled to such medical benefits as is admissible to Group 'A' officers under the Central Government Health Scheme (CGHS).E. Resignation and removal -(1)The Chief Commissioner may, by notice in writing, under his hand, addressed to the Central Government, resign his post.(2)The Central Government shall remove a person from the office of the Chief Commissioner, if he -(a)becomes an undischarged 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 Central Government involves moral turpitude;(d)is in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body or serious default in the performance of his functions as laid down in the Act;(e)without obtaining leave of absence from the Central Government, remains absent from duty for a consecutive period of 15 days or more; or(f)has, in the opinion of the Central Government, so abused the position of the Chief Commissioner as to render his continuance in office detrimental to the interest of persons with disability:Provided that no person shall be removed under this rule except after following the procedure, mutatis mutandis, prescribed for removal of a Group 'A' employee of the Central Government.(3)The Central Government may suspend a Chief Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings.F. Residuary provision -Conditions of service of a Chief Commissioner in respect of which no express provision has been made in these rules shall be determined by the rules and orders for the time being applicable to a Secretary to the Government of India.]
