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Persons with Disabilities Rules, 1996

Chapter VI - Chief Commissioner for persons with Disabilities

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 of persons with disabilities or be sent by registered post addressed to the Chief Commissioner:

             i. The name, description and the address of the complainant;
             ii. The name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained;
             iii. The facts relating to complaint and when and Where it arose;
             iv. Documents in support of the allegations contained in the complaint;
             v. 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 exeeding 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 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 exparte, 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.

Salary and Allowances of the Chief Commissioner: The Chief Commissioner for Persons with Disabilities shall be entitled to salary, allowances and other perquisites as are available to the Secretary to the Government of India.

Submission of Report to Central Government: The Chief Commissioner shall submit report to the Central Government on the implementation of the Act at the interval of six months in such a manner that at least two reports are sent in one financial year.

 Submission of Annual Report:

      (1) The Chief Commissioner shall as soon as possible after the end of the financial year but not later than the 30th day of September in the next year ensuing prepare and submit to the Central Government an annual report giving a complete account of his activities during the said financial year.

      (2) In particular, the annual report referred to in sub-rule (1) shall contain information in respect of each of the following matters, namely:

  • Names of officers staff of the Board and a chart showing the organizational set up;
  • The functions which the Chief Commissioner has been empowered under section 58 and 59 of the Act and the highlights of the performance in this regard;
  • The main recommendations made by the Chief Commissioner;
  • Progress made in the implementation of the Act Statewise;
  • Any other matter deemed appropriate for inclusion by Chief Commissioner or specified by the Central Government from time to time.

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