Orissa Human Rights Commission (Procedure) Regulations, 2003
Published vide Notification No. S.R.O. No.481/2003, 26th August 2003., O.G.E. No. 1371 dated 5.9.2003
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Chapter-I
Preliminary
2. Definitions. - (1) In these Regulations, unless the context otherwise requires,-(a) "Act" means the Protection of Human Rights Act 1993 as amended from time to time.
(b) "Code" means the Code of Civil Procedure, 1908 as amended from time to time.
(c) "Complaint" means any petition or communication received by the Commission from a victim or any other person on his behalf, in person or by post or by telegram or by FAX or by any other means whatsoever, alleging violation of human rights as defined in Section 2 (d) read with Section 21 (5) of the Act or abetment thereof or negligence in the prevention of such violation by a public servant.
(d) "Commission" means the Orissa Human Rights Commission;
(e) "Chairperson" means the Chairperson of the Commission and includes a Member authorised to Act as the Chairperson under Sub-section (1) of Section 25 of the Act.
(f) "Director (Investigation)" means an officer not below the rank of an Inspector General of Police made available to the Commission by the State Government under clause (b) of Sub-section (1) of Section 27 of the Act and designated by the Commission as the Director of Investigation;
(g) "Division" means a Division or Divisions as may be constituted or reconstituted by the Chairperson from time to time for convenience of transaction of official work in the office of the Commission and may include Administration Division, Law Division and Investigation Division.
(h) "Division Bench" means a bench consisting of two Members of the Commission as constituted by the Chairperson;
(i) "Full Bench" means a bench consisting of three or more members of the Commission as constituted by the Chairperson;
(j) "Member" means a Member of the Commission and includes the Chairperson;
(k) "Registrar" means the Registrar of the Commission;
(l) "Regulation" means the Regulation framed under Sub section (2) of Section 10 read with Section 29 of the Act by the Commission as amended from time to time;
(m) "Secretary" means an officer whose services have been made available to the Commission by the State Government under clause (a) of Sub-section (1) of Section 27 of the Act and who is designated as such by the Commission.
(n) "Single Bench" means a bench consisting of one Member of the Commission as Constituted by the Chairperson and
(o) "State Government" means the Government of Orissa.
(2) Words and expressions not defined in these Regulations, shall, to the extent defined in the Act, have the same meaning as assigned to them therein. 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 action
9. General. - (1) Complaints shall be made to the Commission in writing, ordinary in English, Hindi or Oriya. The Commission may however entertain complaints in any other languages included in the Eighth Schedule of the Constitution if the complainant or the aggrieved person does not know English or Hindi or Oriya. (2) No fee shall be required to be paid for filing a complaint. (3) Every complaint shall state the full facts relating to the matter complained against, specifying the date of occurrence of the incident and the nature of relief sought for : (4) Every complaint shall -(i) be submitted under the signature of the aggrieved person or of a person submitting the complaint on behalf of the aggrieved person:
Provided that when a complaint is made through any means which does not permit the complaint to be signed as aforesaid, a signed copy of the complaint shall be simultaneously despatched to the Commission by post.(ii) state the name and full address of the aggrieved person or each aggrieved person and if the complaint is made by any person other than an aggrieved person, the name and full address of the person making the complaint and of the aggrieved person or persons;
(iii) record a certificate to the effect that the subject matter of the complaint or the grievance is not subjudice before any Court or Tribunal or is not pending before a Commission including the National Human Rights Commission and is not covered by a judicial verdict or decision of any Commission;
(5) The Commission may, if necessary call for further information and may direct affidavits to be filed in respect of any matter or matters arising out of or connected with the allegation. (6) A complaint which does not comply with one or more of the requirements of Regulation 9 shall be liable to be rejected: Provided that where the Commission is satisfied that a complaint prima facie reveals violation of a human right, it may permit the complainant to rectify defects or deficiencies under Regulation 9, if any, within such time as it may in its discretion allow, and in the event of such defects or deficiencies not being rectified within the time allowed by the Commission the complaint shall be rejected and the case closed. 10. Complaints not entertainable. - Complaints of the following nature shall not be entertained by the Commission and shall be dismissed in limini:-(a) Complaints which are illegible, anonymous or pseudonymous,
(b) Complaints which are vague, trivial or frivolous.
(c) Complaints which do not prima facie disclose specific violation of human rights.
(d) Complaints which are barred under Section 36(1) of the Act,
(e) Complaints which are barred under Section 36(2) of the Act,
(f) Complaints relating to civil disputes such as property rights, contractual obligation and the like.
(g) Complaints relating to the deficiency in service covered by the provisions of Consumers Protection Act,1986 (68 of 1986).
(h) Complaints relating to service matters or labour or industrial disputes or to claims & grievances arising out of conditions of service or service rules or labour laws and the like.
(i) Complaints relating to any matter which in subjudice before a Court or Tribunal or is covered by a judicial verdict.
(j) Complaints relating to matters being enquired into by the National Human Rights Commission or any other Commission duly constituted under any law for the time being in force and matters covered by decision of the National Human Rights Commission or any such Commission.
(k) Complaints addressed to any other authority copy of which is received in the Commission.
(l) Complaints relating to events or incidents which did not occur within the geographical limits of the State of Orissa.
(m) Complaints relating to matters outside the purview of the Commission on any other ground.
11. Processing of Complaints. - (1) All Communications in writing (by whatever mode despatched) addressed to the Commission, its Chairperson, Members or other officers of the Commission by designation shall be received by the officer designated for the purpose. (2) All communications addressed to the Chairperson, Members or other officers of the Commission by name shall be placed before the Chairperson or the Member or the officer concerned, as the case may be, and shall after their perusal be forwarded to the officer designated under clause (1) above. (3) The designated officer shall then arrange to sort out all communications so received, division-wise and to get them diarised in Form-I (4) All complaints falling under Section 12(a) of the Act and all communications relating to any complaint already received or registered shall be submitted to the Registering Authority. All fresh complaints shall be scrutinised and on completion of scrutiny the Registrar shall fill up Form 2 indicating inter-alia whether the complaints are prima facie entertainable or not entertainable for any reason mentioned in Regulation 9. A scrutiny report shall also be prepared in respect of any information on the basis of which initiation of Suo-Motu action is under consideration and such scrutiny report shall be made in Form-3. He shall then send the Complaint or information on the basis of which Suo-Motu action is under consideration with the scrutiny report appended thereto to the officer/Section concerned for registration. Other communications relating to complaints received earlier and registered shall be processed and appropriately dealt with. (5) If a communication is not a complaint under Section 12(a) of the Act, but relates to the other clauses of Section 12, the same shall be placed before the Secretary, who shall place it before the full Commission with a brief note as early as possible in accordance with the procedure outlined in Regulation-7. 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. - (a) A common register shall be maintained in Form-4 in the Law Division for entering in serial order the case number of each complaint registered, the relevant District Code and year of registration, the corresponding diary number and the District to which the incident relates. After completion of the scrutiny, entry shall be made in the common register and the case number assigned to the complaint along with the District Code shall be entered on the cover page of the case file in Form-5, of the complaint in red ink and also in the space provided in the Scrutiny Report.(b) Records relating to each complaint shall be kept in separate file covers and duly indexed in Form-6. The same shall be sent to the listing section, or to the officers responsible for listing for placing the matter before the Commission.
(c) All complaints registered as aforesaid shall be placed before the commission for consideration as expeditiously as possible and ordinarily not later than seven working days from the date of its receipt. In case a complaint cannot be placed before Commission within the period as aforesaid, if shall be placed before the Chairperson for appropriate orders.
(d) Where the Chairperson directs any complaint to be taken up for urgent consideration, it shall be placed before the Commission, within such time as may be directed by the Chairperson.
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.(a) For Admission- Cases, which are prima facie not entertainable and complaints which are found to be defective shall also be included in this head, for rejection or appropriate directions.
(b) For Directions- Cases in which information or report has not been received, cases in which summons are to be issued, cases requiring interim and interlocutory orders will be included in this head.
(c) for Final Disposal.
(d) Cases awarding compliance.
(e) Review applications.
16. Posting of Cases. - (a) Cases shall be included in the Cause list of each Bench as per the directions of the Chairperson.(b) The case files of the cases posted in the Cause List shall be circulated to the Bench two days in advance together with the cause list.
17. Preliminary Consideration and steps. - (a) If after consideration, a complaint is dismissed in limini, the said order shall be communicated to the complainant in Form-8. The case shall then be treated as closed.(b) If a complaint is admitted or is taken cognizance of suo-motu, the notice in Form-9 shall be sent to the concerned authority enclosing a copy of the complaint or report or gist of information on which suo-motu cognizance has been taken, with an intimation to the complaint in Form-8.
(c) Such notice shall specify the time within which the information or the report has to be submitted.
18. Recording of orders. - (a) Orders of the Commission shall be recorded in the Order Sheet in Form-10. Lengthy orders shall be recorded on separate sheets and appended to the Order Sheet. P.S. or P.A. attached to the Chair person or Member shall enter in the relevant column of the Order Sheet the date of the order and the number of the pages.(b) In cases requiring urgent action in pursuance of the order issued by the Commission, the concerned P.S. or P.A. shall send the file at once to the Registrar, who shall arrange for the communication of the order either by fax or telephone or speed post or telegram and then transmit the records to the concerned section for further action.
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. - (a) Upon receipt of the report or information called for, a detailed note in the form of a synopsis shall be prepared by the Registrar in Form-12 and the case then shall become ready for being placed before the Commission for final disposal.(b) After considering the report or information, if the Commission disposes of the case without any recommendation, the case is closed.
21. Summons. - (1) Summons in Form-13, indicating the purpose of summoning such person shall be issued in the following cases :-(a) To the complainant or any other person on his behalf to afford him a personal hearing.
(b) The another person who in the opinion of the Commission, should be heard for appropriate disposal of the case.
(c) To any person to cause production of records required by the Commission.
(d) To any person to be examined as witness.
(e) To any person whose conduct is to be enquired into.
(f) To any person, whose reputation, in the opinion of the Commission is likely to be prejudicially affected.
(2) A case in which summons has been issued for personal appearance of a person shall be placed before the Commission, on the date noted in the summons for such personal appearance. 22. Ordering investigation. - (a) Whenever the Commission orders investigation by its Investigation Division or by any other investigating agency of the Central or State Government as provided in Section 14 of the Act, a copy of such order along with copies of the papers relevant thereto shall be furnish forth-with to such Division or Agency calling upon it to conduct the investigation and submit its report within the time specified in the order.(b) If report is not received within the specified time, the matter shall be placed before the Commission forthwith for further directions.
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. - (a) If no comments are received within the specified time, the case shall be placed before the Commission forthwith for further direction.(b) If comments are received the case shall be placed before the Commission with a brief note in Form-15 indicating whether the recommendation of the Commission has been accepted in full or part or not accepted at all, the reasons for such non-acceptance or part-acceptance and the action that may be taken or proposed to be taken.
(c) After considering the comments and the brief note on it, the Commission shall pass such order as it deems fit.
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-
(1) the documents referred to in clause (c) to the complainant or his representative; and
(2) the order referred to in regulation 23 (c) to the concerned government or authority.
28. Mode of Communication. - Unless otherwise ordered, all communication from the Commission shall be sent by ordinary post certificate of posting. 29. Review. - (a) No party shall have a right to seek review of the order or proceedings of the Commission.(b) If any application seeking review or modification of the order or proceedings passed by the Commission is received, the same shall be placed before the same Bench, which made the order along with the case file and the same shall be disposed of by such order as may be deemed proper.
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. - (a) Unless otherwise ordered by the Chairperson, the entire records of disposed of complaints shall be destroyed after the expiry of a period of two years from the date of final disposal.(b) The register in Form-11, which contains detailed information regarding each complaint register shall be retained permanently.
32. Destruction of Records. - (a) The record keeper shall identify the cases, the records of which are ripe for destruction and ensure that appropriate entries are made in the register in Form-11 regarding the date of destruction. A separate register shall also be maintained containing the list of cases taken up for destruction.(b) Original documents shall be returned to the person who produced the same on his application at any time before destruction.
(c) Destruction shall be carried out as per the direction of the Registrar in the month of August every year.
33. Periodical Statements. - The Registrar shall arrange for the preparation of the following statements(1) Monthly statement of registration and disposal in Form-17.
(2) Quarterly subject-wise statement of cases in Form-18.
(3) Yearly statement.
Chapter-III
Miscellaneous
34. Minutes of the Meetings. - (a) Minutes of each meeting of the Commission shall be recorded during the meeting itself or immediately thereafter by the Secretary or by any other officer as directed. Such minutes shall be submitted to the Chairperson for his approval and upon his approval be circulated to all the Members of the Commission at the earliest and in any case sufficiently before the date of the next meeting.(b) The conclusions of the Commission in every matter undertaken by it shall be recorded in the form of an opinion. Dissenting opinions, if given, shall form a part of and be kept on record. Action shall be taken on the basis of the majority opinion.
(c) No action shall be taken by the Secretariat of the Commission on the minutes of the meetings until the same are confirmed by the Chairperson.
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. - (a) The Commission or some of the Members may transact business at places outside its Headquarters as and when previously approved by the Chairperson.(b) The Commission or any of its Members, when requested by the Chairperson or the Chairperson may under take visits for an on the spot study and where such study is undertaken a report thereon shall be furnished to the Commission as early as possible.
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 Commission
Year............
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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 |
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Form-2
[(Regulation No.11 (4)]
Orissa Human Rights Commission
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Diary No. |
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Classification Code |
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Scrutiny Report
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.(i)
(ii)
(iii)
9. Name, designation and address of authority from whom report/information may be called for: 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 -(a) full name and address of the aggrieved person or persons and of the complainant/ complainants have been furnished.
(b) the petition has been signed by the complainant or a signed copy has subsequently been received. :
(c) a certificate as required under Regulation 9 (4) (iii) has been furnished :
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 :Registrar
Form-3
[(Regulation No.11 (4)]
Orissa Human Rights Commission
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Classification Code |
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Scrutiny Report
1. Source of information for suo-motu action:(a) News item (give name of publication, edition if any and date of publication):
(b) Any other source (please specify) :
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 :Registrar
Form-4
[(Regulation No.13(1)]
Orissa Human Rights Commission
Common Register
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Case No. |
Year of Registration |
Diary No. & Date |
Name and address of the Complainant |
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Source of information in case of suo-motu action |
Authority against whom complaint has been filed |
Name and code of district to which the incident relates |
Remarks |
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Form-5
[(Regulation No.13 (a)]
Orissa Human Rights Commission
Case File
Cover Page
Orissa Human Rights Commission
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Case No. |
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Classification Code |
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District |
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District Code No. |
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Form-6
[Regulation No.13 (b)]
Orissa Human Rights Commission
Index
Case No........of Name of Complainant...........
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Sl. No. |
Description of Document |
Date of document |
Date of receipt |
No. of Pages |
Remarks |
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Form-7
[(Regulation No.15]
Orissa Human Rights Commission
Daily Cause List
Before.......................................................................|
For Admission : |
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Case No. |
Name of Parties |
Name of Advocates/ Authorised Representatives |
Date to which adjourned |
Remarks |
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For Direction |
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Case No. |
Name of Parties |
Name of Advocates/ Authorised Representatives |
Date to which adjourned |
Remarks |
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For Final Disposal |
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Case No. |
Name of Parties |
Name of Advocates/ Authorised Representatives |
Date to which adjourned |
Remarks |
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Awaiting Compliance |
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Case No. |
Name of Parties |
Name of Advocates/ Authorised Representatives |
Date to which adjourned |
Remarks |
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Review |
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Case No. |
Name of Parties |
Name of Advocates/ Authorised Representatives |
Date to which adjourned |
Remarks |
Form-8
[Regulation No.17 (A)]
Orissa Human Rights Commission
Case No...........Of...........
Bhubaneswar, Date:............
To Ref. Your complaint dated........regarding.........Your complaint referred to above has been registered as case No..........of..............and Commission upon consideration of your complaint has passed the following
Order
Registrar
Most Immediate
Form-9
[Regulation No.17 (b)]
Orissa Human Rights Commission
Case No.................of..........
ToWhereas the complaint received from..................(Name and address of the complainant)..............................................................................was placed before the Commission on...............
AND WHEREAS upon pursuing the complaint the Commission has passed the following Order :
(here reproduce the order/direction)
or
WHEREAS the Commission has taken sou-motu cognizance on consideration of............................................................(here give brief details of the subject matter...............................................................on which suo motu cognizance has been taken)
has passed the following order on.......................................
(By Order)
Enel : Copy of the Complaint.Registrar
Note : The information/report shall be furnished only by the authority which is called upon to do so.
Form-10
[Regulation No.18 (a)]
Orissa Human Rights Commission
Order Sheet
Case No................of...........
Name of the Complainant...................................................
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Date |
Record of steps taken |
Sl. No. |
Date |
Orders passed by the Commission |
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Form-11
[(Regulation No.19)]
Orissa Human Rights Commission
Detailed information Register
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File No. |
Case No. |
Name & address of Complainant |
Name of Victim |
Date of Incident |
District |
Nature of violation |
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Classification with Code No. |
Date of taking cognizance |
Authority from whom information/report called for |
Date of disposal |
If dismissed in limini, date thereof |
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9 |
10 |
11 |
12 |
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Nature of Disposal after notice |
Date of Destruction |
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Disposed of with direction |
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Disposed of without any direction |
With out calling for compliance report |
After calling for compliance report |
Date of compliance |
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Form-12
[(Regulation No.20)]
Orissa Human Rights Commission
Case No............of Classification Code No.................
Synopsis
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 :Registrar
Form-13
[(Regulation No.21)]
Orissa Human Rights Commission
Case No.............of..........
Summons
In The Matter of : The complaint filed by..................................................Or
Suo-Motu Action taken by the Commission relating to .................................................................................... .................................................................................... To(1) To afford you an opportunity of being heard in person.
(2) To adduce evidence in support of your complaint.
(3) To examine you as a witness in the above matter
(4) To afford you an opportunity of being heard as in the opinion of the Commission, your reputation is likely to be prejudicially affected by the verdict that the Commission may give in the above proceedings.
(5) To afford you an opportunity of being heard in the matter as your conduct in connection with the subject matter of the above proceeding is being inquired into.
(6) To cause the production of the following documents (*)
(i)...................................
(ii)............................................
(iii).....................................
(iv)................................
(7) To hear you as in the opinion of the Commission you should be heard for appropriate disposal of the case.
Now Therefore You are hereby summoned to appear before the Commission in person for the purpose aforementioned on ..............at 10.30 A.M. or soon thereafter as may be convenient to the Commission for further consideration. If you fail to comply with this summons without lawful excuse:-(i) Final decision in the proceedings shall be taken by the Commission in your absence.
(ii) You may proceeded against under Rules 10 and 12 of Order XVI of the Code of Civil Procedure, 1908.
Given under my hand and the seal of the Commission this the...........of 200(BY ORDER)
Registrar
(*) Persons summoned only to produce documents and nothing else may produce the same on the day and time noted in the summons and that would be sufficient compliance.Note : Strike out portions not relevant
Default clause (i) applies to 1,4,5 and 7 and clause (ii) to 3 and 6.Form-14
[(Regulation No.23]
Orissa Human Rights Commission
From.................................. Secretary to the Commission To Sub : Recommendation of the Orissa Human Rights Commission under Section 18 of the protection of Human Rights Act, 1993. Ref: Case No of.....................Complainant/Suo motu...............
Sir/Madam,I am directed to say that the Orissa Human Rights Commission in Case No............of...........which was initiated upon the complaint of................. regarding..................................../the suo motu action taken regarding............................has duly inquired into it under Section 17 of the Protection of Human Rights Act, 1993. In enclosing a copy of the inquiry report. I am to communicate the recommendations of the Commission under Section 18 of the aforesaid Act which is as follows :
Commission desires under Sub-section (5) of Section 18 of the said Act that your comments on the report including the action taken or proposed to be taken thereon should be sent to the Commission within a period of .................from the date of its receipt.
Yours faithfully,
Secretary to the Commission
Form-15
[(Regulation No. 24(b)]
Orissa Human Rights Commission
Brief Note On Comments
Case No................of.........Classification Code No.......... 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 :Registrar
Form-16
[(Regulation No.27)]
Orissa Human Rights Commission
Publication Of Order
1. 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.Registrar
Form-17
[(Regulation No. 33)]
Orissa Human Rights Commission
Monthly 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 |
|
|
|
|
|
|
Form-18
[(Regulation No.33)]
Orissa Human Rights Commission
Monthly Subject wise Statement of cases for the Month..........................
|
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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Appendix-I
[(Regulation No.12)]
Orissa Human Rights Commission
Subject-wise classification of incidents leading to Complaints/Suo Motu Action
|
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/ medical professionals. |
|
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 |