EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.2414, CUTTACK, SATURDAY, DECEMBER 22, 2018 / PAUSA 1, 1940

LAW DEPARTMENT

ODISHA STATE LAW COMMISSION

NOTIFICATION

The 22nd December, 2018

No.13968–LC-14/2018/LC.– In pursuance of paragraph 10 of the Resolution of

the Government of Odisha in the Law Department No.2412-LRC-01/2016/L., dated the

16th March, 2016 published in the extraordinary issue No.492 of the Odisha Gazette,

dated the 16th March, 2016, the Chairperson of the Odisha State Law Commission, in

consultation with the State Government, hereby make the following regulation for proper

management and functioning of the Commission, namely: ―

CHAPTER – I

PRELIMINARY

1. Short title and Commencement:

(1) These Regulations shall be called the Odisha State Law Commission

Regulations, 2018.

(2) They shall come into force with effect from the date of publication in the Odisha

Gazette.

2. Definitions:

In these Regulations, unless the context otherwise requires;

(a) “Chairperson” means the Chairperson of the Commission;

(b) “Commission” means the Odisha State Law Commission;

(d) “Member” means any member of the Commission;

(e) “Regulations” means the regulations framed under paragraph 10 of the

Resolution;

(f) “Resolution” means the Resolution of the Government of Odisha in the Law

Department No.2412-LRC-01/2016-L., dated the 16^th March, 2016;

(g) “Secretary” means the officer appointed as such by the Government as per

paragraph 1(g) of the Resolution.

3. Headquarters of the Commission:

The Headquarters of the Commission shall be at Bhubaneswar.

4. Working Days:

Subject to any order made by the Chairperson, the office of the Commission shall

remain open ordinarily from 10.00 A.M. to 5.00 P.M. on all days except Saturdays and the

days declared as holidays for the offices of the State Government at Bhubaneswar.

CHAPTER – II

MEETINGS OF THE COMMISSION

5. Venue of the Meetings:

(1) The Commission shall ordinarily have its meetings in its office at Bhubaneswar.

(2) The Commission may at its discretion hold any of its meetings at any place other

than its headquarters if the Chairperson considers it necessary or expedient to do so.

6. Periodicity of Meeting:

(1) The Commission shall ordinarily have its meetings once in every month to be

held on such date and at such place as the Chairperson may fix.

(2) The Chairperson may direct a special meeting to be convened at any other time

on a working day to consider a matter of urgency.

7. Agenda for Meetings:

(1) The Secretary shall with the approval of the Chairperson, prepare the agenda

for each meeting of the Commission.

(2) The Secretary shall cause notes to be prepared on each item included in the

agenda and shall also cause them to be circulated to the Members at seven clear days in

advance before the date of the meeting.

(3) The Commission may, however, take up for consideration any other matter

which is not included in the agenda for that meeting.

(4) The Secretary shall also ensure that files, reports, records and all papers

relating to each agenda item are kept ready for reference by the Chairperson and

Members in the meeting as and when required.

8. Quorum at meetings:

The quorum for meetings of the Commission shall be four including the

Chairperson.

9. Language:

For the purposes of the day to day functioning of the Commission as well as for all

its correspondences, the language of the Commission shall be in English and Odia.

10. Minutes of the meeting:

Minutes of each meeting of the Commission shall be recorded during the meeting

itself or immediately thereafter by the Secretary and the same shall be submitted to the

Chairperson for his approval and upon such approval the minutes shall be circulated to all

the members of the Commission at the earliest and in any case before the next meeting.

11. Record of Minutes:

A master copy of the minutes of every meeting shall be maintained being duly

authenticated by the Secretary and a copy of the minutes pertaining to each item shall be

taken to the relevant file for appropriate action.

12. Report of action taken:

Report of follow-up action shall be submitted to the Commission by the Secretary at

every subsequent meeting indicating therein the present stage of action on each item on

which the Commission had taken a decision in any of its earlier meetings excepting the

items on which no further action is called for.

CHAPTER – III

PROCEDURE FOR DISCHARGING THE FUNCTIONS OF THE COMMISSION

13. Invitation of suggestions:

(1) The Commission shall, in addition to accepting proposals or suggestions from

different Administrative Departments of the Government, also invite suggestions from

eminent persons, legal experts and the general public through public advertisement and

through its website for review, modification, rectification etc. of existing laws as well as for

framing of new laws.

(2) Proposals or suggestions from eminent persons, legal experts and general

public referred to in sub-regulation (1) shall be submitted in Form-‘A’.

14. Consideration of proposals:

All proposals and suggestions, if any, received by the Commission shall be

consolidated fortnightly by the Secretary and placed before the Chairperson for scrutiny

and reported by a sub-committee to be constituted by the Chairperson.

15. Constitution of Sub-Committee and its report:

The Chairperson shall constitute Sub-Committee of three members including a full

time member of the Commission to scrutinize and examine the feasibility of the proposals

and suggestions received by the Commission and for submitting its report thereon to the

Chairperson for being placed in the meeting of the Commission for consideration and

approval:

Provided that the Sub-Committee may, if it deems necessary, invite the Secretary of

the concerned Administrative Department or any other officer deputed by him for the

purpose of discussion on the proposal submitted by it.

16. Report of the Commission:

The Commission shall submit its report to the State Government, from time to time.

17. Printing and Publication of Reports:

(1) The Secretary shall arrange for the printing and publication of the Reports

submitted by the Commission to the Government in hard copies as well as in its website.

(2) The Secretary shall, with the approval of the Chairperson supply the copy of the

Report to the Law Commission of India, Library of the Commission, Library of the Law

Department and concerned Administrative Department for necessary action at their end.

18. Consignment of Record:

(1) Records of all Reports when finally disposed of shall be preserved in the Record

Section of the Commission after completing the entries in the register maintained for the

purpose.

(2) All records of the Reports of the Commission on its finalization shall also be

digitized and preserved in electronic form:

Explanation.― For the purpose of these regulations, the expression “electronic form” shall

have the same meaning as assigned to it in the Information Technology Act, 2000 (21 of

2000).

CHAPTER – IV

MISCELLANEOUS

19. Organization of the Commission:

The Commission may divide the office of the Commission into different sections for

smooth functioning of the Commission and may keep any officer in charge of one or more

such section.

20. Applicability of State Government Rules:

(1) The Chairperson shall have the same powers as are conferred on an Administrative

Department in respect of the delegation of Financial Powers Rules, 1978; the Odisha

General Financial Rules; the Odisha Leave Rules, 1966; the Odisha Service Code; the

Odisha Government Servant Conduct Rules, 1989; the Odisha Civil Services

(Classification, Control and Appeal) Rules, 1962; The Odisha Travelling Allowance Rules,

1938 and the National Pension Scheme as applicable to the employees of the

Government of Odisha:

Provided that the exercise of the Financial Powers shall be subject to any

procedural or other instructions issued, from time to time, by the Government:

Provided further that in respect of matters not covered in these Regulations, the

concurrence of the respective Departments of the Government through the Law

Department shall be obtained.

(2) The Chairperson shall have the powers to sanction the expenditure against the

budget provision made for the year.

(3) The Secretary shall incur expenditure as approved by the Chairperson by

observing proper procedure prescribed by the State Government, from time to time.

(4) The Chairperson shall have power to permit members and employees of the

Commission to perform journey within and outside the State.

(5) The Chairperson may delegate such administrative and financial power to such

extent as may be decided by him.

(6) The Chairperson shall have power to purchase books, journals, periodicals,

office furniture, equipments and stationary subject to monetary limits fixed by the

Government and on due observance of the rules and instructions, in this respect, issued

from time to time.

By orders of the Chairperson

J B MISHRA

Member Secretary to State Law Commission

Form – ‘A’

[See regulation 13(2)]

FORM FOR SUBMISSION OF SUGGESTIONS BY EMINENT PERSONS/LEGAL

EXPERTS/GENERAL PUBLIC

Name of the Proposer:

Designation, if any/Profession etc.:

Full Address:

Telephone/Fax No:

E-Mail ID:

Suggestion in brief (Attach separate sheet, if necessary):

Place:

Full Signature

Date:

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 1891-173+100