MANUAL-3  

Procedure Followed in Decision Making Process

[Section-4(1)(b) (iii)]  

Decisions in the following matter are taken in the manner indicated below:

     1. Framing of Acts & Rules:-

          (a) Framing of Acts:

           As regards procedure followed for framing of Acts, at the outset, a proposal is sent to Law Department to examine the viability of framing the proposed Act.Thereafter, a Cabinet Memorandum alongwith the Draft Bill is prepared with concurrence of the Law Department and the same is placed before the Hon'ble Chief Minister for placement of the matter before the next meeting of the Cabinet. After necessary order is passed by Hon'ble Chief Minister, required copies of the Memorandum are sent to the Parliamentary Affairs Department for placement of the proposal before the Cabinet. When the proposal is approved by the Cabinet, the matter is again referred to the Law Department. Thereafter, the Draft Bill is placed before the Assembly. After the same is passed in the floor of the Assembly, the Act came into being by way of publication in the Orissa Gazette.

         (b) Framing of Rules:

           Before framing of statutory Rules, the Draft Rules are prepared by the Department and sent to the Law Department for vetting. After vetting of the Law Department, the Draft Rules are placed before the Hon'ble Chief Minister for approval. After issue of the Rules, the same shall be laid before the State Legislature for a total period of 14 (fourteen) days which may be comprised in one or more sessions and if during the said period, the State Legislature makes modifications, if any, therein, the Rules shall thereafter have effect only in such modified form, so,however, that such modification shall be without prejudice to the validity of anything previously done under the Rules. However, in case of proposal for making or amending of Rules regulating the recruitment and conditions of service of the employees of the Department, the matter is placed before the Cabinet for approval after vetting of the Draft Rules by the General Administration Department and the Law Department. After approval of the Cabinet, the matter is placed before. His Excellency the Governor by the Hon'ble Chief Minister for approval before issue of such Rules.

     2. Framing of Various Policies:-

         Important policy decisions are generally taken after obtaining approval of the Cabinet on the matter.

     3. Issue of Circulars / Guidelines / Regulations / Notifications etc. within the framework of Statutory Provision / Rules / Policies:-

        Notifications / Regulations / Orders on the interpretation and implementation of statutory Rules and Provisions are issued with the prior concurrence of Law Department.

        The level of supervision springs from Section Officer and moves upto Secretary of the Department. Intermediary officers conduct supervision as per the powers delegated to them. The persons involved in the process are accountable for every omission and commission, if any, as per Government Servants' Conduct Rules, 1959.