No. 82–2021/Ext.] CHANDIGARH, WE

ADMIN

No. 3/1/2021- 4AR.— Whereas

amendment and modification of existing

and make justice simple, speedy, effectiv

Now, therefore, the Governor of H

from the date of publication of this Order

CONSTITUTION

The Commission shall consist of:

(i)

The Chairperson

(ii)

Two Full-time Members

(iii)

Two Part-time Members

(iv)

Member Secretary

HEAD QUARTER

The Head Quarter of the Commiss

TENURE

The Tenure of Commission shal

Commission from time to time.

CHAIRPERSON AND MEMBERS

The State Government shall appoi

(a)

The Chairperson shall be a

(b)

First full-time Member sha

(c)

Second full-time Member s

(1301)

XTRAORDINARY

Published by Authority

EDNESDAY, MAY 26, 2021 (JYAISTHA 5, 1943 SAK

HARYANA GOVERNMENT

NISTRATIVE REFORMS DEPARTMENT

Notification

The 26th May, 2021

it is necessary and expedient to set up machinery fo

g laws and enactment of fresh legislation to have and ach

ve and substantive;

Haryana is pleased to constitute the Second Haryana Stat

r in the Official Gazette.

sion shall be at Chandigarh/Panchkula.

ll be three years and the State Government may exten

int Chairperson and Members as follows:-

a person who has been a Chief Justice or a Judge of a High

all be a person who is or has been District Judge/Additiona

shall be an Advocate having atleast 15 years of experienc

KA)

or review, revision,

hieve its true objects

te Law Commission

nd the tenure of the

h Court;

al District Judge;

e as an Advocate;

1302

HARYANA GOVT. GAZ. (EXTRA.), MAY 26, 2021 (JYST. 5, 1943 SAKA)

(d)

Two part-time Members shall be persons with distinguished experience of working in the field of

Social Work, Health, Psychology, Child and Women Welfare, Education, Sociology, Law, Criminology

or any other social science discipline of atleast ten years.

(e)

There shall be a Member Secretary of the Commission who shall be serving HCS (Judicial or Executive

Branch) having atleast 10 years of Government service;

(f)

The Commission may from time to time, co-opt such member as it deems necessary but not such co-

option shall be made without approval of the State Government;

(g)

The Member Secretary shall be the drawing and Disbursing Officer with respect to the establishment of

the Commission. He shall exercise such administrative powers, and perform such functions as may be

specified with the prior approval of the Chairperson and shall also assist the Chairperson and Members

in performance of the functions of the Commission.

Paid Salary and Allowances

(a)

The salary and allowances of the Chairperson shall be equal to the salary and allowances of the Chief

Justice of High Court of Punjab and Haryana reduced by the amount of pension being drawn by him, if

any;

(b)

First Full-time member, in case of serving judicial officer shall be entitled to such pay and allowances,

as he is already drawing, and in case of retired judicial officer, shall be entitled to his last drawn salary.

Second Full-time Member shall be entitled to pay and allowances as admissible to First Full-time

Member;

Provided that if a full-time Member at the time of his appointment is eligible to draw a pension

(other than disability or wound pension ) in respect of any previous service under the Government of

the Union or Government of a State, his salary in respect of Service as a Member, shall be reduced by

the amount of that pension.

(c)

Part-time Member shall be paid an honorarium of Rs. 50,000/- p.m. (Rupees Fifty Thousand only) and

shall avail TA/DA as admissible to an Officer of the rank of Joint Secretary in Haryana State.

FUNCTION OF THE COMMISSION

The Commission shall perform the following functions, namely:-

(a)

examine all the important State Laws in detail with a view to recommend as a result of such

examination, lines on which the same should be simplified, consolidated, amended, revised or

otherwise brought upto date, keeping in view the changed socio-economic conditions of the society and

the directive principles of the Constitution of India and to identify laws which are no longer needed or

relevant and can be immediately repealed;

(b)

examine the existing statutory and non-statutory rules, especially service rules framed under article 309

of the Constitution of India or under any other enactment, regulations and executive instructions and

recommend their revision in order to bring them in conformity with the changed socio economic

conditions of the Society and the various decisions of the Supreme Court and the High Courts;

(c)

examine service legislations of the Government Departments, Boards, Corporations, other bodies and

instrumentalities of State and suggest amendments to enhance the standards and efficiency of

Government by proposing changes in recruitment system, promotional avenues, departmental

examination, training and programme etc.

(d)

examine the laws which affect the poor and carry out post-audit for socio-economic legislations and

take all such measures as may be necessary to harness law and the legal process in the service of the

poor.

(e)

examine the system of judicial administration to ensure that it is responsive to the reasonable demands

of the times and to suggest the ways for revision of procedural law with a view to eliminate delays,

speedy clearance of arrears and for simplification of procedure to reduce and eliminate technicalities

and devices of delay;

(f)

ascertain if any provision of the existing laws is inconsistent with the Constitution of India and to

suggest the necessary alterations and modifications and also to examine the existing laws in the light of

Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest

such legislations as might be necessary to implement the Directive Principles and to attain the

objectives set out in the Preamble of the Constitution;

HARYANA GOVT. GAZ. (EXTRA.), MAY 26, 2021 (JYST. 5, 1943 SAKA)

1303

(g)

remove anomalies and ambiguities in the existing laws brought to light by conflicting decisions of the

Supreme Court and the High Courts or otherwise also to suggest the omission of unnecessary and

obsolete laws;

(h)

suggest ways and means for improving of administration of Justice in the State and to consider and to

propose to the Government on any other subject particularly relating to laws and judicial

administration;

(i)

obtain such information as to the legal systems of other States, Central Government or other countries

as appears to the Commission likely to facilitate the performance of any of the its functions;

(j)

suggest new legislations keeping in view social, economic and financial changes;

(k)

any other matter of importance for the State Government.

RECOMMENDATIONS AND REPORTS OF THE COMMISSION

The Commission shall concretize its recommendations after consultation with the Department(s) and such

other stakeholders as the Commission may deem necessary for the purpose.

The Commission shall submit its reports in Hindi and English with sufficient number of copies for being

placed on Tables of Legislative Assembly of the State of Haryana and shall also make its reports available through

Government portal.

PUBLIC SERVANTS

10.

The Chairperson, the Member, the Secretary, other officers and employees of the Commission shall be deemed

to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860.

STAFF OF THE COMMISSION

11.

The staff of the Commission shall be as provided/sanctioned by the State Government from time to time.

REMOVAL/RESIGNATION

12.

The Chairperson or any Member may, by notice in writing under his hand addressed to the Government, resign

his office.

(1)

The Chairperson or any member may be removed from his office by order of the Government if he:-

(a)

becomes an undischarged insolvent;

(b)

is convicted and sentenced to imprisonment for an offence, which in the opinion of the State

Government, involves moral turpitude;

(c)

becomes of unsound mind and stands so declared by a competent court;

(d)

refuses to act or becomes incapable of acting;

(2) On a controversy regarding the disqualification of a Member, the decision of the Chief Minister shall be

final.

VIJAI VARDHAN,

Chief Secretary to Government of Haryana.

9179—C.S.—H.G.P. Pkl.