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Union of India - Section

Section 42 in The Persons 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.the persons with disabilities (equal opportunities, protection of rightsand full participation) Rules, 1996