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CHAPTER IV

GENERAL

 

DEPUTATIONS / DELEGATIONS ABROAD

 

 

1. Law Secetary, Shri R.L. Meena visited Port-of-Spain, Trinidad and Tobago during 3-7 May, 1999 to participate in the meeting of the Commonwealth Law Ministers.

2. Law Secretary, Shri R.L. Meena visited Vienna, Austria to participate in the 32nd Annual Session of the UNCITRAL during 27th May to 3rd June, 1999.

3. Shri B.S. Meena, Additional Legal Adviser visited Hungary as a Member of the Indian delegation to the first round of negotiations on BIPA with the Government of Hungary.

4. Ld. Attorney General for India – Shri Soli J. Sorabjee visited Geneva, Switzerland during 8th – 10th June, 1999 in connection with urgent government business.

5. Shri T.N.Tiwari, Deputy Legal Adviser visited Canada during 22nd – 27th June, 1999 to participate in the Negotiations for Loan for Chamera Hydro Electric Project (Himachal Pradesh).

6. Shri A. Sinha, Joint Secretary and Legal Adviser visited Kazakhstan during 26 – 28 July, 1999 as a Member of Indian Delegation to negotiate on Mutual Legal Assistance Treaty on civil matters with the Government of Kazakhstan.

7. Shri S.K. Sharma, JS&LA visited Kazakhstan during 26 – 28 July, 1999 as a Member of the Indian Delegation to negotiate on Mutual Legal Assistance Treaty in Criminal Matters with the Government of Kazakhstan.

8. Shri R.S. Bhalla, Additional Legal Adviser visited Philippines during 4 – 6 August, 1999 to participate in the Second Annual Meeting of the Asia Pacific Group on Money Laundering.

9. Shri Krishna Kumar, Joint Secretary and Legal Adviser visited Austria, Vienna during 6 – 8 August, 1999 to participate in the BIPA Negotiations with Austria.

10. Law Secretary, Shri R.L. Meena visited Vienna, Austria during 8-12th November, 1999 to participate in the meeting of UNCITRAL Export Group on Privately Financed Infrastructure Projects.

11. Shri B. A. Agrawal, Joint Secretary and legal Adviser visited Cambodia during 10 – 23 November, 1999 for assistance in drafting a new law on genocide and crime against humanity.

12. Shri S. K. Sharma, Legal Adviser (CBI), visited Malaysia for a period of 4 – 5 days during December, 1999 in connection with Extradition Matter.

13. Dr. S.D. Singh, Deputy Legislative Counsel in the Legislative Department attended the Indian Technical and Economic Co-operation (ITEC) Programme in Cambodia for drafting of Legislation of Genocide and Crime against Humanity from 10.11.1999 to 23.11.1999.

14. Dr. D. B. Singh, Deputy Secretary in Legislative Department is on training for MBA Course in United Kingdom at the School of Public Policy, International Development, Department of University of Birmingham from 22.2.1999 to 28.2.2000.

RESERVATION FOR SCHEDULED CASTES / SCHEDULED TRIBES / EX-SERVICEMEN AND PHYSICALLY HANDICAPPED PERSONS

 

2. (i) There are arrangements in the Department of Legal

Affairs and in the Legislative Department to ensure compliance with the Governments Order relating to reservation in services for the Scheduled Castes and the Scheduled Tribes.

(ii) A Cell under the direct control of the Liaison Officer of

the level of Deputy Secretary is functioning in the Department of Legal Affairs to ensure strict enforcement of the Orders / Instructions of the Government of India relating to reservation in service for Scheduled Castes / Scheduled Tribes and Other Backward Classes.

(iii) There are three liaison officers in the three

Administrative Units of the Legislative Department, viz.- Legislative Department (Main), Vidhi Sahitya Prakashan and Principal Accounts Office to oversee the implementation of Orders/Instructions of the Government on reservation for Scheduled Castes/Scheduled Tribes and

Ex-Servicemen and Physically Handicapped persons in service / posts in the respective units.

(iv) A statement showing the total number of employees in the

Department of Legal Affairs and Legislative Department and the number of Scheduled Castes/Scheduled Tribes and the Ex-Servicemen amongst them as on 1.1.1999 (Annexure VIII) and another statement showing the particulars of recruitment made during the year and the number of the posts filled by candidates belonging to the Scheduled Castes/Scheduled Tribes are enclosed (Annexure X).

 

DEPARTMENTAL ACCOUNTING ORGANISATION

3.(i) The Accounting Organisation of Ministry of Law and Justice

is entrusted with the responsibility of making timely payments of

personal claims like Salary, Travel Expenses, Office Contingency and

Rate, Rent and Taxes, etc. During the period under report the

personal claims including loans and advances to Government servants,

withdrawal from in G.P.F. etc., were settled promptly. Payments of

Grants-in-aid to the various Bodies/Institutions of Centre and States

were made on top priority basis. The Central Government share of

Election were also dealt with quickly to pass on the credit to the

concerned States through Reserve Bank of India, CAS, Nagpur. While

processing the claims and other payments it was ensured that payments

are made in accordance with the rules, orders and provisions in force

on the subjects and no fraudulent/over payments are made. It was

generally observed that expenditure on these account should not be

exceeded the Budget allotment. Prompt action has been taken to

intimate the figures of receipt and expenditure incurred by various

units to the concerned Departmental Officers so as to provide an

opportunity to them to reconcile the figures of that office with the

figures of concerned Pay and Accounts Office during the period of

report. All necessary efforts are being made to maintain the ledger

and broadsheets for these payments so as to ensure that every

expenditure that has been accounted for in the books gives clear and

accurate picture.

 

PENSIONARY BENEFITS

(ii) This Organisation is responsible for providing pensionary

benefits to the retired employees by granting pensions and gratuity

and other retirement benefits. All the cases of pensions were dealt

with on top priority basis and no delay was reported by any Government

employee for sanctioning of pension, gratuity and other retirement

benefits. This office has assisted the Departmental Officers by way

of giving the advice on the matters regarding the pensionary benefits

referred to this Organisation from time to time. Most of the cases

received for revision of pension/family pension consequent upon

recommendations of fifth pay commission have been settled and

remaining cases are under process in consultation with appropriate

Administrative Authorities.

 

CENTRAL PROVIDENT FUND

(iii) As is required under the provisions of Government's

rule, the General Provident Fund Statement showing the total credits

and debits of fund in the accounts of the subscribers including the

interest on the principal has been sent to them on the due date, i.e.,

15th July each year and in the case of merged DDO by 31st May each

year. Broadsheets and ledgers maintained for the reconciliation of

figures in respect of General Provident Fund were also regularly

closed. All the cases of final withdrawal of General Provident Fund

on retirement or otherwise were decided on top priority basis and

payment made to the subscribers immediately on their retirement

without any delay.

 

ACCOUNTS AT A GLANCE

(iv) In order to take the effective control over the

expenditure, the Accounting Organisation prepares Accounts at a Glance

on yearly basis to bring out the flow of expenditure for the

information of the higher authorities so that advance action can be

taken for the procurement of additional fund in the Revised Estimates

for new services of plans. This account also facilitates the higher

authorities to take into account the required receipt and expenditure

to consider the various plants to be implemented and to provide the

funds for various bodies/institutions in shape of grants-in-aid. The

flow of expenditure during the past year is shown to instruct the

Departmental Officers to monitor the expenditure according to the

instructions issued by the Ministry of Finance from time to time.

 

This unit also submits the monthly accounts well in time to

Controller General of Accounts, Ministry of Finance, Department of

Expenditure depicting the exact state of affairs of the receipt and

expenditure of this Ministry including the amount lying outstanding

under the various Suspense Heads such as Public Sector Bank Suspense

and PAO Suspense. This Organisation has 'charged' expenditure of

Supreme Court of India and this Office also maintains the accounts of

charged expenditure. The compilation of accounts were carried out on

top priority basis. All efforts are being made to reduce there

outstanding balance under the various Suspense Heads and adverse

balances, if any.

 

 

APPROPRIATION ACCOUNTS, STATEMENT OF CENTRAL TRANSACTIONS AND FINANCE ACCOUNTS.

 

The Accounting Organisation of the Ministry of Law and Justice is required to prepare the Annual Appropriation Accounts, Statement of Central Transactions and Finance Accounts comprising details of transactions of Ministry of Law and Justice and Supreme Court of India. All the three reports for the year 1998-99 were prepared on due dates and were furnished to Controller General of Accounts, Ministry of Finance, Department of Expenditure and Director General of Audit, Central Revenues after getting the approval from all the three Chief Accounting Authorities i.e. Law Secretary, Secretary, Legislative Department and Registrar General of Supreme Court of India.

 

INTERNAL AUDIT

Out of 49 units, 42 units are due for audit in the current year – 1999-2000 (7 are biannual and not due during the current year). A significant work has been done by the Internal Audit Bench by concluding 26 units on the date remaining 16 units, (9 outstations and 7 in Delhi) are still outstanding which would not be concluded due to skeleton staff strength as there is only one AAO in Internal Audit Wing. Balance 7 units (Local) would be completed in upto 3/2000. The position of objections raised by DACR / Internal Audit Wing / Controller General of Accounts Audit Party against this organisation has been exhibited in the Annexure.

INTERNAL WORK STUDY UNIT

The Internal Work Study Unit is common to both the Departments viz. Department of Legal Affairs and Legislative Department and other formations such as Income Tax Appellate Tribunal, Law Commission, Official Languages Wing, Central Agency Section and Vidhi Sahitya Prakashan.

In addition to normal O&M Activities during the year, the unit has performed the following work during 1999-2000:

    1. Work measurement study of recreation of post of Librarian Grade I in Law Commission.
    2. Report on Improving of Efficiency in Mail Received through utilization of post box / post bag regarding.
    3. National Seminar Workshop on Electronic Governance in the year 2000.
    4. Issue of revised questionnaire for Annual O&M Inspection.
    5. Issue of instructions in respect of Record Management and Preservation.
    6. Introduction of Award Scheme for Central Government Employees as well as Members of General Public.
    7. Introduction of scheme for Grant of Cash Awards to Sections showing high performance in O&M Activities.
    8. 268 files weeded out, 190 files reviewed and 101 files recorded upto December, 1999.

Annual O&M Inspection for the year 1998-99 of 49 sections of Department of Legal Affairs and Legislative Department have been initiated during the year 1999-2000 (Reports of 14 sections received till date).

The following work measurement studies are in hath :-

    1. Admn. III
    2. NALSA
    3. Branch Sectt. Mumbai
    4. Newly created Cell for monitoring the functions of Government Lawyers.
    5. Computerization of various functions of Department of Legal Affairs is in progress.

PROGRESS IN THE USE OF HINDI IN OFFICIAL WORK IN THE DEPARTMENT OF LEGAL AFFAIRS ::

5(i) The Department of Legal Affairs has taken following steps to implement various instructions issued by the Department of Official Language on the progressive use of Hindi for official purposes of the Union as contained in the official Languages Act, 1963 and the Official Languages (use for Official Purposes of the Union) Rules, 1976:

 

    1. Creation of Hindi Posts for implementation of Official Language Policy :-
    2. 1. Deputy Director (OL) - 1 Post

      2. Assistant Director (OL) - 1 Post

      3. Senior Hindi Translator - 1 Post

      4. Junior Hindi Translator - 3 Posts

    3. Notification under Rule 10 (4) of the Official Languages (Uses for Official Purposes of the Union) Rules, 1976 : This Department notified under Rule 10(4) of the Official Languages Rules, 1976 on 21.3.1980 orders were issued on 25.7.1989 directing all officers and employees proficient in Hindi to submit drafts etc. of all communications addressed to State Governments / Union Territories and to private individuals and also to Central Government Offices located in regions ‘A’ & ‘B’ and of communications in reply to letters, etc. received in Hindi or signed in Hindi including Appeals, Representations etc. from the employees only in Hindi. Instructions in this regard are reiterated every year for strict compliance.
    4. Organisation of Hindi Day / Hindi Month :-

With a view to accelerate the use of the Official Language and to increasing the awareness of the employees as regards the Official Language Policy and the various incentive schemes for use in Hindi in official work, ‘Hindi Day’ was celebrated in the Department on 14.9.1999. Hon’ble Minister for Law, Justice and Company Affairs and Law Secretary in their messages appealed to the officers and employees of the Department to adopt Hindi in their day-to-day official work. In order to make the various programmes organized in this connection effective, ‘Hindi Month’ was organized in the Department from 14.9.1999 to 13.10.1999. This was done with the twin objectives of (a) giving wider publicity to the various schemes and (b) generating maximum output in terms of work done in Hindi. During the Hindi Month, Hindi Essay Competition and Hindi Noting and Drafting Competition were organized. 52 officers / employees of the Department participated in these competitions.

(d) Creation of check-points for implementation of orders relating to the Official Language.

(iv) A review of the check-points for implementation of orders relating to the Official Language was made and orders for creation of adequate number of check-points (eight) in accordance with Rule 12 of the Official Languages Rules, 1976 were issued on 16.11.1994, the effectiveness of the quarterly progress reports received from sections / offices.

(v) In sections / units, where the staff are proficient in Hindi, the use of Hindi in their day-to-day work is being encouraged. Work relating to the grant of various types of leave is being done in Hindi. Almost all cases relating to House Building Advances, GPF Advances and withdrawals, etc., are also being processed in Hindi and orders are also being issued in Hindi.

(vi) All general orders, notifications, resolutions and administrative reports, etc. are invariably issued in bilingual form. All letters received in Hindi are invariably replied to in Hindi only. Strict vigilance is maintained to ensure that there is no violation of the relevant rules in this regard. In September, 1999, English to Hindi dictionaries were distributed to all sections of the department for encouraging the use of Hindi in day-to-day official work.

(vii) Specimens of standard drafts of letters sent frequently by various sections have been collected and these have been translated into Hindi. All the standard drafts have thus been prepared in Hindi and English so that the staff can make use of them without any difficulty. All forms of the Department have also been translated into Hindi. All rubber stamps, name plates, signboards, etc. are invariably prepared in bilingual form.

(viii) Devnagari typewriters are available in adequate number in the Department. Efforts are, however, continuing to increase the number of Devnagari typewriters. All the 32 electronic typewriters in the Department are bilingual.

(ix) A time-bound programme for imparting Hindi / Hindi Stenography / Hindi Typing Training has been prepared under which 5 employees are nominated for Hindi training, 4 LDCs are nominated for Hindi typing and 5 stenographers are nominated for Hindi stenography training every year. One stenographer of the Main Secretariat has passed Hindi Stenographer examination. One employee of the Branch Secretariat, Chennai was awarded cash prize of Rs. 600/- for passing Praveen examination with distinction. While one employee of the Branch Secretariat, Calcutta was awarded an advance for 12 months and cash prize of Rs. 600/- for passing Pragya Examination with distinction, two employees were awarded cash prize of Rs.400/- and Rs. 200/- respectively for passing Praveen examination with distinction. While two more employees of this Secretariat have passed Pragya Examination with distinction. They will also be awarded advance increment and cash prizes as per rules. 41 employees of the Main Secretariat of the Department were also awarded Cash Awards for participation in various incentive schemes for promotion of Hindi.

(x) Last meeting of the Hindi Advisory Committee of the Ministry was held under the Chairmanship of Hon’ble Minister on the 15th September, 1997. Decisions taken in the meeting are being implemented. Decisions taken in the Central Official Language Implementation Committee meeting held under the Chairmanship of Secretary, Department of Official Language on 18th June, 1999 are also being implemented. Secretary, Department of official language conveyed a meeting with Rajbhasha Adhikhari, Shri B.A. Agrawal, Joint Secretary and Legal Adviser on the 8th July, 1999 to discuss various steps for promotion of Official language in the Department. Decisions taken in the meeting are being implemented. Last meeting of the Official Language Implementation Committee of the Department was held on 30th August, 1999, under the Chairmanship of Rajbhasha Adhikari. Decisions taken in the meeting are being implemented.

(xi) Presidential Orders issued by the Department of Official Language on the recommendations contained in Part I, II, III, IV and V of the Report of the Committee of Parliament on Official Language are being implemented in the Department and its offices.

(xii) Details regarding the progressive use of Hindi including training aspect covering the period from 1st January, 1999 to 30th September, 1999 are given in Annexure XI.

OFFICIAL LANGUAGES SECTION

6.(i) The Official Language Section of the Legislative Department is concerned with the overall aspect of work relating to Official Language in the Official work.

    1. The Legislative Department has been declared as notified office on 29.4.1997 under rule 10(4) of the Official Language (Use for Official Purpose of the Union) Rule, 1976.
    2. The Department is organizing various competitions from September, 1999 to September, 2000 to mark the ‘Golden Jubilee of Rajbhasha Hindi’. In September, 1999 various competitions such as Translation, Essay Writing, Noting and Drafting in Hindi, Hindi Typewriting Test were organized. The employees are being given incentives for noting and drafting in Hindi and Hindi typing work. This applies to those who do Hindi typing work in addition to English typing. Hindi Diwas was celebrated on 14th September, 1999. On this occasion, the message of Hon’ble Home Minister on the use of Hindi in Official work was read by Secretary (LD) in the presence of officers and staff of the Department. The messages from Minister of Law, Justice and Company Affairs and Cabinet Secretary on the use of Hindi in Official work were also circulated.
    3. A Seminar on use of Hindi in law is also proposed to be organized during ‘Rajbhasha Swaran Jayanti’.
    4. The Members of the Staff who had no working knowledge of Hindi were deputed for Hindi training under the Hindi Teaching Scheme. Staff Members who are eligible for Hindi typing and Hindi shorthand classes are also being deputed for training in Hindi typing and Hindi shorthand.
    5. An Official Language Implementation Committee under the Chairmanship of Joint Secretary and Legislative Counsel (Admn.) is functioning in the Department. The Committee meets regularly every quarter to review the implementations of instructions regarding the use of Hindi in Official work. This Department’s house journal "Grih Patrika" is being printed and distributed regularly.
    6. Details regarding the progressive use of Hindi including the training aspect covering the period from 1.4.1999 to 30.9.1999 are given in the Annexure.