State of Odisha - Act
Orissa Human Rights Commission (Procedure) Regulations, 2003
ODISHA
India
India
Orissa Human Rights Commission (Procedure) Regulations, 2003
Rule ORISSA-HUMAN-RIGHTS-COMMISSION-PROCEDURE-REGULATIONS-2003 of 2003
- Published on 26 August 2003
- Commenced on 26 August 2003
- [This is the version of this document from 26 August 2003.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and Commencement.
2. Definitions.
3. Head-Quarters of the Commission.
- The head-quarters of the Commission shall, as notified to the State Government, be at Bhubaneswar.4. Working Days.
- The Office of the Commission shall remain open on all days other than days declared as holidays for the offices of the State Government at Bhubaneswar.5. Venue of the Sittings and Meetings.
- The Commission shall ordinarily hold its meetings and sittings in its office at Bhubaneswar. The Commission may however, at its discretion hold any of its meetings and/or sittings at any place other than its head-quarters if the Chairperson considers it necessary or expedient so to do.6. Periodicity of Sittings.
- The Commission shall ordinarily, subject to cases being ready and available for inclusion in the cause list, have its sittings during the period from 1st to 7th and 14th to 21st of every month, excepting Saturdays and State Government holidays. The Chairperson, either suo-motu or at the request of one of more Members, may direct a special sitting to be convened on any other working day to consider a matter of urgency.7. Secretarial Assistance.
- The Secretary and such other officers of the Commission, as may be directed by the Chairperson, shall attend the meetings of the Commission.8. Agenda for Meetings.
- The Secretary shall with the approval of the Chairperson, prepare the agenda for each meeting of the Commission. Dates of meetings shall be fixed in consultation with the Chairperson. The Secretary shall cause notes to be prepared on each item included in the agenda. Such notes shall, as far as possible, be self-contained. Files, reports, records and all papers relating to each agenda item shall be kept ready for reference by the Chairperson & Members in the meeting as and when required. Notes on each item included in the agenda shall ordinarily be circulated to the Members at least two clear days in advance before the date of the meeting. The Commission may, however, take up for consideration any matter which is not included in the agenda for that meeting. When matters are set down only for hearing, cause list of the day of sitting shall be prepared and circulated.Chapter-II Procedure For Dealing With Complaints Or Suo-Motu action9. General.
10. Complaints not entertainable.
- Complaints of the following nature shall not be entertained by the Commission and shall be dismissed in limini:-11. Processing of Complaints.
12. Classification.
- Complaints shall be classified subject wise with reference to the subject list in Appendix-1. The subject list may be modified or amended from time to time with the approval of the Chairperson.13. Registration.
14. Constitution of Benches.
- Subject to such special or general orders of the Chairperson, all complaints other than suo-motu cases shall ordinarily be dealt with by a Single Bench of the Commission. If the Single Bench dealing with the case, having regard to the importance of the issues involved, is of the opinion, that the case should be considered by a Division the papers shall be placed before the Chairperson for assigning the case to such a Division Bench if the Chairperson also concurs with that opinion. If the Chairperson feels that having regard to the importance of the matter the case should be heard by a larger Bench, the case may be referred to such a larger Bench, constituted for that purpose. All suo-motu cases shall be considered by a Division Bench unless assigned to a larger bench in accordance with the procedure outlined above.15. Preparation of Cause List.
- Cause list shall be prepared in Form-7 listing the cases under the following heads.16. Posting of Cases.
17. Preliminary Consideration and steps.
18. Recording of orders.
19. Detailed Information Register.
- A register in Form-11 shall be maintained and the relevant information shall be entered as and when available in the relevant columns.20. Preparation of Synopsis.
21. Summons.
22. Ordering investigation.
23. Communication of recommendations.
- Whenever the Commission makes any recommendation after considering the inquiry report, along with its recommendation shall be sent in Form-14 within seven days from the date of such recommendation to the concerned Government or authority calling upon it to furnish its comments on the report including the action taken or proposed to be taken within one month or such further time as the Commission may allow.24. Follow up action.
25. Procedure regarding suo-sotu Action.
- The procedure contained in this Chapter shall mutatis mutandis apply to suo-motu action taken by the Commission :Provided that the commission may cause a preliminary enquiry to be conducted before taking cognizance of any matter suo-motu.26. Opportunity to persons before the Commission.
- The Commission may in its discretion afford a personal hearing to the petitioner or any other person on his behalf and such other person or persons as in the opinion of the Commission should be heard for the proper disposal of the matter before it and where necessary, call for records and examine witnesses in connection with it. The Commission shall afford a reasonable hearing including opportunity of cross examining witnesses, if any, in support of his stand to a person, whose conduct is enquired into by it or where in its opinion, the reputation of such person is likely to be prejudicially affected.27. Publication.
- When the Commission passes order after inquiry under Section 17, the Registrar shall cause to-(a)prepare a list of such cases in Form-16, furnishing particulars, such as case number, name of the complainant, name of the Government or authority concerned and the date of the final order, with a further note that a copy of the Inquiry report referred to in Section 18 (6) of the Act is available for perusal in the library of the Commission.(b)publish the list so prepared on the Notice Board of the Commission on the first working day of every month;(c)send to the library of the Commission two sets of the documents referred to in Section 18 (6) of the Act and the further order if any passed by the Commission in each case;(d)send simultaneously free of cost a copy of each of-28. Mode of Communication.
- Unless otherwise ordered, all communication from the Commission shall be sent by ordinary post certificate of posting.29. Review.
30. Consignment of Records.
- Records of all cases finally disposed of shall be consigned to the Record section after completing the entries in the register in Form-11.31. Period of Retention of Records.
32. Destruction of Records.
33. Periodical Statements.
- The Registrar shall arrange for the preparation of the following statements34. Minutes of the Meetings.
35. Record of Minutes.
- A master copy of the minutes of every meeting and opinions of the Commission shall be maintained 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. Opinion shall be kept in the respective records and for convenience, copies thereof with appropriate indexing shall be kept in guard files.36. Report of Action taken.
- Report of follow up action shall be submitted to the Commission by the Secretary at every subsequent sitting 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.37. Transaction of business outside the Headquarters.
38. Authentication of orders and decisions.
- Orders and decisions of the Commission shall be authenticated by the Secretary or any officer authorised by the Chairperson not below the rank of a Assistant Registrar.39. Copies.
- Unless any document is classified by the Commission as confidential, a copy of the same may be made available to the parties, on payment of copying charges fixed by the Commission from time to time. Copies shall be furnished as expeditiously as possible.40. Representative.
- Parties before the Commission shall appear either in person or through authorised representative, unless personal attendance is required by the Commission. Such a representative may be a member of the Bar or such other person permitted by the Commission to represent the parties.41. Annual Report.
- The Commission shall prepare an Annual Report for the period commencing from the 1st April of a year to 31st March of the succeeding year, signed by the Chairperson and all the Members. The same shall be a permanent record and shall be preserved in the Commission. Authenticated copies shall be sent to the State Government.The Commission may furnish such Special Reports on specific matters as may be considered necessary under the Act.42. Printing and Publication of Reports.
- The Secretariat of the Commission shall arrange for the printing and publication of the Annual and Special Reports as expeditiously as possible.43. Reports on Complaints and Inquiries.
- Reports contemplated under Section 18 of the Act shall be sent to the Concerned Government or authority or the person as the case may be within a week of completion of the proceedings before the Commission and on receipt of the Comments of the concerned Government or authority or the person, the Commission shall publish the report in the manner provided in Section 18 of the Act.44. Investigation Division.
- The Commission shall have its own team of investigation headed by an officer not below the rank of Inspector General of police, who shall be designated as the Director of Investigation. The Director of investigation shall be assisted by such number of Police Officers and men of such rank as may be decided from time to time in consultation with the State Government. The State Government shall make available the personnel to the Commission on deputation.45. Saving.
- Complaints received and considered by the Commission prior to the Commencement of the Regulations shall be deemed to have been dealt with under these Regulations and in respect of such complaints, records shall be complied with and subsequent actions taken to the extent reasonably practicable in accordance with the provisions of these Regulations.46. Forms and Annexures.
- The forms and annexures referred to these Regulations shall be deemed to be a part of these Regulations.47. Transitory Provision.
- Where under these Regulations any duty or responsibility has been entrusted to any officer of the Commission or functionary and such officer or functionary is not available, the Chairperson may assign such duties or responsibilities to any other officer or functionary for the time-being.48. Amendments and Additions.
- Commissions may from time to time add, delete and amend these Regulations or any provision thereof and may issue appropriate directions on any matter not covered by these Regulations.Form-1[(Regulation No.11 (3)]Orissa Human Rights CommissionYear............| Sl. No. | Date of Diary | No. & Date of the Letter | Name and address of the Sender | Subject matter of the letter in brief | Division to which it relates | Remarks |
| Diary No. | ||
| Classification Code |
1. Name (s) of aggrieved person (s) :
2. Name of the complainant/petitioner is complaint has been filed by a person other than the aggrieved person (If there are more than one complainants, give the name of the first complainant)
3. District to which incident/complaint relates
4. Whether complaint is addressed to the Commission or is addressed to any other authority with a copy endorsed to the Commission :
5. Date of occurrence or date on which cause of action arose :
6. Gist of complaint and nature of alleged violation of human 'rights :
7. Whether complaint is not entertainable on any of the grounds listed in Regulation 10. If so, specify provision under which not entertainable.
8. Name, designation and address of the public servant by whom alleged violation of human rights was committed/abetted or who was negligent in prevention of such alleged violation.
10. Is there any complaint/action pending/ disposed of on the same subject matter/ incident. (If Yes, give Case no. and other relevant information and append relevant case record) :
11. Relief sought for, if any :
12. Whether -
13. Whether there are any defects which the petitioner may be permitted to rectify and if so, please specify. :
14. Whether the complaint is entertainable or not entertainable :
RegistrarForm-3[(Regulation No.11 (4)]Orissa Human Rights Commission| Classification Code |
1. Source of information for suo-motu action:
2. District
3. Gist of information :
4. Nature of violation :
5. Date of occurrence or date on which cause of action arose :
6. Name and address of aggrieved persons/ particulars of aggrieved person if available:
7. Name, designation & address of public servant (s) by whom alleged violation human rights was committed/abetted or who was allegedly negligent in prevention of such alleged violation.
8. Name, designation & address of authority from whom report or information may be called for:
9. Is there any complaint/inquiry/suo-motu action pending/disposed of on the same or related incident/subject. :
10. Whether subject matter of proposed suo-motu action is entertainable under Regulation-10. If not, please specify ground on which not entertainable :
RegistrarForm-4[(Regulation No.13(1)]Orissa Human Rights CommissionCommon Register| Case No. | Year of Registration | Diary No. & Date | Name and address of the Complainant |
| Source of information in case of suo-motu action | Authority against whom complaint has been filed | Name and code of district to which the incidentrelates | Remarks |
| Case No. | Classification Code | ||
| District | District Code No. |
| Sl. No. | Description of Document | Date of document | Date of receipt | No. of Pages | Remarks |
| For Admission : | ||||
| Case No. | Name of Parties | Name of Advocates/ Authorised Representatives | Date to which adjourned | Remarks |
| For Direction | ||||
| Case No. | Name of Parties | Name of Advocates/ Authorised Representatives | Date to which adjourned | Remarks |
| For Final Disposal | ||||
| Case No. | Name of Parties | Name of Advocates/ Authorised Representatives | Date to which adjourned | Remarks |
| Awaiting Compliance | ||||
| Case No. | Name of Parties | Name of Advocates/ Authorised Representatives | Date to which adjourned | Remarks |
| Review | ||||
| Case No. | Name of Parties | Name of Advocates/ Authorised Representatives | Date to which adjourned | Remarks |
| Date | Record of steps taken | Sl. No. | Date | Orders passed by the Commission |
| File No. | Case No. | Name & address of Complainant | Name of Victim | Date of Incident | District | Nature of violation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Classification with Code No. | Date of taking cognizance | Authority from whom information/report called for | Date of disposal | If dismissed in limini, date thereof |
| 8 | 9 | 10 | 11 | 12 |
| Nature of Disposal after notice | Date of Destruction | |||
| Disposed of with direction | ||||
| Disposed of without any direction | With out calling for compliance report | After calling for compliance report | Date of compliance | |
| 13 | 14 | 15 | 16 | 17 |
1. Complainant
2. Opposite Party
3. Summary of facts or allegations on the issues of human rights arising for consideration.
4. Summary with date (s) of the directions or orders of the Commission so far :
5. Summary of the information or report received from the concerned authority :
Date :RegistrarForm-13[(Regulation No.21)]Orissa Human Rights CommissionCase No.............of..........SummonsIn The Matter of :The complaint filed by..................................................OrSuo-Motu Action taken by the Commission relating to........................................................................................................................................................................To................................................................................................................................................................................................(Fill in complete address, with name and designation)Whereas proceedings in the matter aforesaid have been initiated and the Commission has directed to issue summons to you :-1. Complainant
2. Opposite Party
3. Authority to whom recommendation of the Commission was sent :
4. Date of despatch of the recommendation:
5. Due date for receipt of comments :
6. Date of the receipt of the comments :
7. Whether recommendation has been accepted is full or part or not accepted at all :
8. If recommendation has been partly accepted or not accepted, reasons therefor :
9. If recommendation has been accepted in full, action taken or proposed to be taken:
10. Other information, if any :
RegistrarForm-16[(Regulation No.27)]Orissa Human Rights CommissionPublication Of Order1. Case No............of.......
2. Name of the Complainant :
3. Name of the Government or Authority concerned for compliance of the order :
4. Date of Final order :
Be informed that a copy of the inquiry report, in the above mentioned case, referred to in Section 18(6) of the Protection of Human Rights Act, 1993 is available for perusal in the library of the Commission.RegistrarForm-17[(Regulation No. 33)]Orissa Human Rights CommissionMonthly Statement of Registration and Disposal for the Month....................................| Name of District | Pendency in beginning of the month | Registered in the month | Total pendency | Dismissal nomini |
| 1 | 2 | 3 | 4 | 5 |
| Disposal without directions | Disposal with directions | Total disposal | Pendency by end of the month | Remarks |
| 6 | 7 | 8 | 9 | 10 |
| Children | Health | Jail | Criminal Gangs | Labour | Minorities/ SC/ST | Physically handicapped | Police/ Para-military Forces | ||||||||
| Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases |
| Pollution | Religion Community | Service Matters | Women | Miscellaneous | Others | Total | |||||
| Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | Sub-code | No. of cases | ||
| Code No. | Major Head | Sub Code No. | Sub Head |
| 100 | Children | 100.01 | Child Labour |
| 100.02 | Child Marriage | ||
| 100.03 | Child Prostitution | ||
| 100.04 | Exploitation of Children | ||
| 100.05 | Human Sacrifice | ||
| 100.06 | Immoral Traffic in Children | ||
| 100.07 | Cruelty to Children | ||
| 100.08 | Neglect of Children | ||
| 200 | Health | 200.01 | Exploitation of the mentally retarded |
| 200.02 | Public Health hazards | ||
| 200.03 | Malfunctioning of medical institutions/ medicalprofessionals. | ||
| 300 | Jail | 300.01 | Custodial death |
| 300.02 | Custodial rape | ||
| 300.03 | Exploitation of child prisoners | ||
| 300.04 | Denial of required medical facilities to prisoners. | ||
| 300.05 | Deprivation of legal aid | ||
| 300.06 | Harassment of Prisoners | ||
| 300.07 | Irregularities in Jail | ||
| 300.08 | Non-supply of prescribed diet to prisoners | ||
| 300.09 | Unlawful solitary confinement | ||
| 400 | Criminal Gangs | 400.01 | Harassment by Gangs |
| 400.02 | Mischief or harassment by anti-social elements | ||
| 500 | Labour | 500.01 | Bonded Labour |
| 500.02 | Exploitation of Labour | ||
| 500.03 | Forced Labour | ||
| 500.04 | Hazardous employment | ||
| 500.05 | Slavery | ||
| 500.06 | Traffic in human labour | ||
| 600 | Minorities/SC/ST Physically | 600.01 | Discrimination against minorities |
| 600.02 | Discrimination against SC/ST | ||
| 700 | Handicapped | 700.01 | Exploitation of physically handicapped |
| 700.02 | Cruelty to physically handicapped | ||
| 700.03 | Discrimination against physically handicapped | ||
| 700.04 | Neglect of physically handicapped | ||
| 800 | Police/Para-military Forces | 800.01 | Arbitrary use of power |
| 800.02 | Abduction/Kidnapping | ||
| 800.03 | Abuse of Power | ||
| 800.04 | Attempted Murder | ||
| 800.05 | Custodial death | ||
| 800.06 | Custodial rap | ||
| 800.07 | Custodial torture | ||
| 800.08 | Custodial violence | ||
| 800.09 | Death in firing | ||
| 800.10 | Death in encounter | ||
| 800.11 | Failure in taking lawful action | ||
| 800.12 | False implications | ||
| 800.13 | Illegal arrest | ||
| 800.14 | Outraging of modesty in custody | ||
| 800.15 | Police motivated incidents | ||
| 800.16 | Rape | ||
| 800.17 | Unlawful detention | ||
| 800.18 | Victimisation | ||
| 900 | Pollution | 900.01 | Ecological disturbances |
| 900.02 | Pollution affecting surroundings | ||
| 900.03 | Environment pollution | ||
| 900.04 | Misuse of scientific and technological Developments | ||
| 1000 | Religion Community | 1000.01 | Communal Violence |
| 1000.02 | Ethnic conflict | ||
| 1000.03 | Group clashes | ||
| 1000.04 | Racial discrimination | ||
| 1100 | Service matter | 1100.01 | Disparities in Employment opportunities |
| 1100.02 | Non-payment of Pension/compensation | ||
| 1100.03 | Other service disputes. | ||
| 1200 | Women | 1200.01 | Abduction, Rape and Murder |
| 1200.02 | Discrimination against women | ||
| 1200.03 | Dowry death or attempt | ||
| 1200.04 | Dowry demand | ||
| 1200.05 | Exploitation of women | ||
| 1200.06 | Gang rape | ||
| 1200.07 | Indignity of women | ||
| 1200.08 | Immoral trafficking of women | ||
| 1200.09 | Rape | ||
| 1200.10 | Sexual harassment | ||
| 1300 | Miscellaneous | 1300.01 | Disappearance |
| 1300.02 | Unlawful actions of Public Servants | ||
| 1300.03 | Unlawful eviction | ||
| 1300.04 | Residual matters |