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:-- PRELIMINARY (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. In these Regulations, unless the
context otherwise requires; (a) "Chairperson"
means the Chairperson of the Commission; (b) "Commission"
means the Odisha State Law Commission; (c) "Form"
means Form appended to these regulations; (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 16th March, 2016; (g) "Secretary"
means the officer appointed as such by the Government as per paragraph 1(g) of
the Resolution. The Headquarters of the
Commission shall be at Bhubaneswar. 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. MEETINGS OF THE COMMISSION (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. (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. (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. The quorum for meetings of the
Commission shall be four including the Chairperson. 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. 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. 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. 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. PROCEDURE FOR DISCHARGING THE
FUNCTIONS OF THE COMMISSION (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'. 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. 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. The Commission shall submit its
report to the State Government, from time to time. (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. (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). MISCELLANEOUS 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. (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.ODISHA STATE LAW COMMISSION REGULATIONS,
2018
PREAMBLE