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State of Bihar - Section

Section 44 in Bihar Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Rules, 2004

44. Procedure to be followed by Commissioner.

(1)
(A)complaint containing the following particulars shall be presented by the complainant in person or by his agent to the Commissioner of persons with disabilities or be sent by registered post addressed to the Commissioner: -
(a)The name, description and the address of the complaint.
(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 Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party/parties mentioned in the complaint directing to defend the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the 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 commissioner.
(4)Where the complainant or his agent fails to appear before the commissioner on such days, the commissioner may in his discretion either dismiss the complaint on default or decide on merits.
(5)Where the opposite party or his agent fails to appear on the date of hearing the Commissioner may take such necessary action under the Section 63 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.
(6)The Commissioner may dispose of the complaint ex parte, if necessary
(7)The Commissioner may on such terms as he deems fit and at any stage of the proceeding adjourn the hearing the complaint.
(8)The Complaint shall be decided, as far as possible, within a period of the three months from the date of notice received by the opposite party.