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Section 22: Presentation and scrutiny of the petitions or complaints

3. Conduct of business, receiving and investigation of complaints, Regulation, 2007Central Regulations · 2006

(I) All petitions or complaints shall be filed with ten copies and each set of the petition or complaint shall be complete in all respects. The fees as may be prescribed by the Board shall be payable along with the petition or complaint.

(2) All petitions or complaints shall be presented in person or by any duly authorised agent or representative at the head office or such other fil ing centre or centres as may be notified by the Board from time to time and during the time notified. The petitions or complaints may also be sent by registered post acknowledgement due to the Board at the places mentioned above. The vakalatnama in favour of the advocate and, in the event the petitions or complaints are presented by an authorised representative. the document authorising the representative shall be filed alongwith the petition or complaint, if not already filed on the record of the case.

(3) Upon receipt of the petition or complaint, the officer of the Board authorised for the putpose of receiving the petition or complaint, shall acknowledge the receipt by stamping and endorsing the date on which the petition or complaint has been presented and shall issue an acknowledgment with stamp and date to the person filing the petition or complaint. In case the petition or complaint is received by registered post the date on which the petition or complaint is actually received at the office of the Board shall be taken as the date of the presentation of the petition or complaint.

(4) The presentation and receipt of the petition or complaint shall be duly numbered and entered in the register maintained for the purpose by the office of the Board.

(5) The receiving officer may decline to accept any petition or complaint which does not conform to the provisions of the Act or the Rules or the Regulations or directions given by the Board or is otherwise defective or which is presented otherwise than in accordance with the regulations or directions of the Board:

Provided that no petition or complaint shall be refused for defect in the pleadings or in the presentation. without giving an opportunity to the person filing the petition or c9mplaint to ) ( ·T· •1, ,\•; . '~ . ' [ 'qfl1' II - W75 3 ( i)] 'l1ml <iii m : 31mmt01 31 rectify the defect within the time which may be given for the purpose. The receiving officer shall advise in writing th~ . person filing the petition or complaint of the defects in the petition or complaint filed.

(6) A person aggrieved by any order of the receiving officer in regard to the presentation of the petition or complaint may request for the matter to be placed before the Secretary of the Board for appropriate orders.

(7) The Chairperson or any Member as the Chairperson may authorise for the purpose shall be entitled to call for the petition or complaint presented by the party and give such directions regarding the presentation and acceptance of the petition or complaint as he considers appropriate .

(8) If on scrutiny, the petition or complaint is not refused or any order of refusal is rectified by the Secretary or by the Chairperson or the Member of the Board authorised for the purpose, the petition or complaint shall be duly registered and given a number as specified in sub-clause ( 4) above.

(9) As soon as the petition or complaint and all necessary documents are lodged and the defects and objections, if any, are removed, and the petition or complaint has been scrutinised and numbered, the petition or·complaint shall be put up before the Board for preliminary hearing and admission.

( l 0) The Board may admit the petition or complaint for hearing without requiring the attendance of the party. The Board shall not pass an order refusing admission without giving the party concerned an opportunity of being heard. The Board may, if it c~nsiders appropriate, issue notice to such person or persons, as it may desire to hear the petition or complaint for admission. In the case of a complaint, the Board shall decide within thirty days whether there is a prima facie case against the entity or entities concerned and may either investigate on its own or refer the matter for investigation. in accordance with the provisions of the Act, to an investigation officer having jurisdiction; and when the matter is referred to such investigating officer, on receipt of report from him, the Board may hear and dispose of the complaint as a dispute in accordance with the 32 THE GAZEITE OF TNDLA: EXTRAORDINARY {PART II-SEC. 3(i)] provisions of the Act and in other case, it may pass such orders and issue such direction as it deems fit.

( 11) If the Board admits the petition or complaint, it may give such orders and directions, as may ..

be deemed necessary, for service of notices to the respondent(s) and other affected or interested parties, for the filing of replies and rejoinder in opposition or in support of the petition or complaint in such fonn as the Board may direct and for the petition or complaint to be placed for hearing before the Board or a Bench, as the case may be.

Where this provision sits

Act3. Conduct of business, receiving and investigation of complaints, Regulation, 2007
Section22
Marginal notePresentation and scrutiny of the petitions or complaints
JurisdictionCentral
StatusIn force as published by the source

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