THE UTTAR PRADESH STATE LAW COMMISSION ACT, 20101

[U.P. Act No. 10 of 2010]

03.03.2010

It is hereby enacted in the Sixty-first Year of the Republic of India as follows— 1. Reed, the assent of the Governor on 03.03.2010 and published in the U.P. Gazette, Extra., Part 1, Section (Ka), dt. 05.03.2010.

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S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement.

(1) This Act may be called the Uttar Pradesh State Law Commission Act, 2010.

(2) It extends to the whole of Uttar Pradesh.

(3) It shall be deemed to have come into force on January 28,2008.

S.2 Definitions.

In this Act,—

"Chairperson" means the Chairperson of the Commission appointed under clause (a) of sub-section (4) of Section 3;
"Commission" means the Uttar Pradesh State Law Commission constituted under Section 3;
"Consultant" means a person appointed as such under sub-section (5) of Section 3;
"Full-time Member" means a Full Time Member appointed under clause (b) of sub-section (4) of Section 3;
"Government" means the State Government of Uttar Pradesh;
"Part-time Member" means a Part-time Member of the Commission appointed under clause (c) of sub-section (4) of Section 3;
"Secretary" means the Secretary appointed under Section 7;
"Substantive appointment" means an appointment not being an ad hoc appointment on a post in the cadre of service made after selection in accordance with the rules and if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions i

S.Chapter II THE STATE LAW COMMISSION

S.3 Constitution of the Commission.

(1) The State Government shall, by notification, constitute a body to be known as the Uttar Pradesh State Law

Commission to perform the functions autonomously assigned to it under this Act.

C-) The Commission shall consist of—

(i) The Chairperson One
(ii) Full-time Member Two
(Hi) Part-time Member Two
(iv) Secretary One

(3) The Head quarter of the Commission shall be at Lucknow and its camp office shall be at Allahabad or at any other place notified from time to time by the State Government.

(4) The Chairperson and the Members shall be appointed as follows by the State Government—

(a) the Chairperson shall be a person who has been a Chief Justice or a Judge of a High Court;
(b) a Full-time Member shall be a person who has been a Member of the Uttar Pradesh Higher Judicial Service in selection grade scale or above having at least 25 years of judicial experience and having specialized ex

S.4 Term of office, salary and allowance and other conditions of service.

(1) Every person appointed as the Chairperson or a Full-time Member shall hold office for a term of six years from the date on which he assumes office, or up to the date of his attaining 68 years of age, whichever is earlier.

(2) The Part-time Member shall hold office during the pleasure of the State Government.

(3) If the office of the Chairperson or a Full-time Member becomes vacant, or if the Chairperson or a Full-time Member is by any reason whatsoever, unable to perform the duties of his office, such duties shall until some other person appointed under Section 3 enters upon such office or as the case may be, until the Chairperson or such member resumes his duties, be performed—

(a) where the office of the Chairperson becomes vacant or where he is unable to perform the duties of his office, by such Full-time Member as the State Government may by order direct; and

(b) where the office of a Full-time member becomes vacant or where he is u

S.5 Resignation (sic) removal of Chairperson or a Full-time Member of the Commission.

—(1) The Chairperson or a Full-time Member may, by notice in writing under his hand addressed to the Governor, resign his office.

(2) The Chairperson may be removed from the office by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the Governor, has, on inquiry, reported that the Chairperson ought on any such ground to be removed. The Full-time Member may be removed from the office by the State Government with the concurrence of the Chairperson on the ground of proved misbehaviour or incapacity.

(3) Notwithstanding anything to the contrary contained in sub-section (2) the Governor may by order remove from office, the Chairperson or a full-time Member, if he,—

(a) has been adjudged an insolvent; or
(b) is convicted and sentenced to imprisonment for an offence which, in he opinion of the Governor, involves moral turpitude; or
(c) is unfit to continue in off

S.Chapter III FUNCTIONS AND POWERS OF THE COMMISSION

S.6 Function and Powers of the Commission.

(1) It shall be the duty of the Commission to take and keep under review all the laws of the State with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernization of the law, and for that purpose—

(a) to receive and consider any proposals for the reform of the law which may be made or referred to it by the State Government or the Supreme Court or the High Court in judicial side;
(b) to prepare and submit to the State Government from time to time programmes for the examination of different branches of the law with a view to reform, including recommendations as to the agency (whether the Commission or another body) by which any such examination should be carried out;

S.7 Secretary

(1) There shall be a Secretary of the Commission who shall be a sitting Additional District Judge to be appointed by the State Government in consultation with the Chief Justice of the High Court of Judicature at Allahabad and Chairperson of the Commission.

(2) The Secretary shall be the Drawing and Disbursing Officer with respect to the establishment of the Commission. He shall exercise his financial and administrative powers with the prior approval of the Chairperson and shrill niso assist the Chairperson and the Members in all respect.

(3) The terms and conditions of service, the status and administrative powers of the Secretary shall be such as may be prescribed.

(4) The Secretary shall also perform such other functions as may be prescribed.

S.8 Staff of the Commissions.

(1) The Secretary shall, on all sanctioned post by the State Government, appoint such officers and other employees to assist the Commission in the disci large of its functions under this Act with the prior approval of the Chairperson:

Provided-that nothing in this sub-section shall be construed to prevent any person who holds a post under the Central or any other State Govern-

S.14 State Government to consult the Commission

The State Government may consult the Commission on such legal matters as it considers necessary.

S.15 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any person of the Commission for anything which is in good faith done or intended to be done, in pursuance of the provisions of this Act or the Rules made thereunder.

S.16 Power to make rules

(1) The State Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely—

(a) the salaries payable to the Chairperson and the Full-time Members under sub-section (4) of Section 4;
(b) the allowances and pension payable to, and the other terms and conditions of service, of the Chairperson and the Full-time Members under sub-section (5) of Section 4;
(c) an honorarium payable to a Part-time Member under sub-section (6) of Section 4;
(d) the remuneration payable to a Consultant under sub-section (7) of Section 4;
(e) the status and administrative powers of the Chairperson and the Full-time Members under sub-section (8) of Section 4;
(f) other function of the Commission under sub-section (4) of Section 6;
(g) the terms and conditions o

S.17 Power to remove difficulty

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government, may by a notified order, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

(2) No order under sub-section (1) sliall be made after the expiration of a period of two years from the commencement of this Act.

(3) Every order made undei sub-section (1) shall be laid, as soon as may be before each House of the State Legislature and the provisions of sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.

S.18 Repeal and Savings

(1) The Government Notification No. 166/79-VI-1-08-9-08, dated January 28,2008 is hereby rescinded.

(2) Notwithstanding such rescind, anything done or any action taken under the Government notification No. 166/79-VI-1-08-9-08, dated January 28, 2008 and further orders made thereunder shall be deemed to have been done or taken under this Act as if the provisions of this Act were in force at all material times.