GOVERNMENT OF
MINISTRY OF LAW AND
JUSTICE
DEPARTMENT OF LEGAL
AFFAIRS
* * *
Information
published in pursuance of Section 4(1)(b) [Manuals (i) to (xvii)] of the
Right to
Information Act, 2005
(i) The particulars
of its organization, functions and duties:
The Department has a
two-tier organizational set up, namely the Main Secretariat at
The set up at the Main
Secretariat includes the Law Secretary, Additional Secretaries, Government
Counsel (Conveyancing), Joint Secretaries and
Government Counsels and other Government Counsels at various levels. The work relating to tendering of legal
advice and conveyancing has been distributed amongst
groups of officers. Each group is
normally headed by a Joint Secretary and Government Counsel, who in turn is
assisted by a number of Government Counsels at different levels.
The litigation work in
the Supreme Court on behalf of all Ministries/Departments of the Government of
India and some administrations of the
The litigation work in
the Delhi High Court on behalf of the Ministries/Departments of the Government
of India, is processed by the High Court Litigation
Section headed by a Deputy Government Counsel.
The litigation work in
the subordinate courts in
The Department has a
special Cell dealing with implementation of the recommendations of the Law
Commission and also with the legal profession and administration of the
Advocates Act, 1961 and the Advocates Welfare Fund Act, 2001.
One Joint Secretary
level officer, each exclusively functions as Government Counsel for Railway
Board, Department
of Telecommunications and Central Bureau of Investigation, respectively, and
functions from the respective offices.
Another Joint Secretary level officer acts exclusively as an Arbitrator
under the scheme of Permanent Machinery of Arbitration, and functions from the
office of the Bureau of Public Enterprises. In addition, some officers of different
levels such as Additional Government Counsel, Deputy Government Counsel and
Assistant Government Counsel are posted in the Ministry of Agriculture,
Ministry of Defence, Ministry of Labour, Ministry of
Urban Development and DGS&D.
The Department of Legal
Affairs renders advice to the various Ministries/Departments of the Government
of India on legal matters, carries out the conveyancing
work of the Central Government, and attends to the litigation work of the
Central Government in the Supreme Court, High Courts, Tribunals and some of the
subordinate courts. It is also
concerned with entering into treaties and agreements with foreign countries in
matters of civil law, authorizing officers to execute contracts and assurances
of property on behalf of the President under Article 299(1) of the Constitution
of India and signing and verifying of plaints and written statements in suits
by or against the Union of India.
It is further concerned with the appointment of Law Officers, namely,
the Attorney General of India, the Solicitor-General of
A copy of the Organisation Chart of Main Secretariat is given at Annexure-I.
(ii) The
powers and duties of the officers and employees:
Same as given at (i) above.
(iii) The procedure
followed in the decision making process including channels of supervision and
accountability:
References
received from various Ministries/Departments of the Central Government seeking
legal advice are examined by concerned Government Counsel(s) as per the distribution
of work and with the approval of Group Heads of the level of Additional
Secretary/Joint Secretary & Government Counsel and also with the approval
of Law Secretary and Law Minister, wherever necessary, the legal advice is
given to the concerned Ministry/Department.
(i) Appointment of Law Officers:-
The proposal for appointment of Law
Officers viz. Attorney General, Solicitor General, Additional Solicitor General
is generally moved at the, level of Joint secretary/Law Secretary and after
obtaining the approval of the Hon’ble Minister of Law & Justice, the
proposal is sent to the Appointments Committee of the Cabinet for its approval.
(ii) Appointment
of Government Counsel:-
The bio-data of Advocates received for appointment as Government
Counsel, are processed in file in the Section and submitted to the
Hon’ble Minister through Joint secretary & Government
Counsel/In-charge and Law Secretary.
The names of Advocate for engagement of Counsel are approved at the
level of Minister of law & Justice.
Law Secretary is also competent to approve the names of Advocates for
engagement as Government Counsel in District & Subordinate Courts.
(iii)
Engagement of Private Advocates/Special Counsel in specific cases:-
The proposals received from different Departments are processed in the
Section and submitted to the Hon’ble Minister for law & Justice
through JS&LA and Law Secretary.
(iv) Counsel on High Fee:-
The proposal received from the concerned Ministry/Department with the
approval of Minister In-charge is processed in the Section and is approved and
decided at the level of Minister of Law & Justice.
(v) Nomination
of Arbitrators:-
The requests received from different Departments for nomination of
Arbitrators in disputes between Ministries/Departments/Private Parties are
submitted to Law Secretary for nominating an Officer of this Department for
appointment as an Arbitrator.
(vi) Panel of Advocates of CBDT
and Railways:-
The proposals received from the
concerned Departments are processed in the Section and is approved at the level
of Minister of Law & Justice.
(vii) The
Notification under Article 299(1) of the Constitution:-
The
proposals received from Ministries/Departments are approved at the level of
Minister of Law & Justice and thereafter the requisite Notification is
issued.
(viii) Nomination
of Arbitration Panel Counsel :-
The JS&LA In-charge of Judicial Section makes the nomination of
Counsels in particular arbitration cases.
(ix) Complaints
against Government Counsel:-
There is a Cell consisting of Shri D.P. Sharma, Additional secretary,
Shri D.R. Meena, Joint Secretary & Government
Counsel and Shri R.L. Koli, Joint Secretary &
Government Counsel to monitor the performance of Government Counsel. Within the Cell the work is handled as
follows:-
(a) Complaints
against Counsels of Supreme/High Courts/CAT Benches:-
The Complaints are submitted to Shri D.R. Meena, Joint Secretary & Government Counsel.
(b) The Complaints against Counsels of
District & Subordinate Courts:-
The complaints are submitted to Shri D.R. Meena,
Joint Secretary & Government Counsel.
After obtaining
information on a complaint against Government Counsel, if it is proposed to
remove the name of the Government Counsel from the Panel, the file is submitted
to the Minister for Law & Justice for his approval.
(x)
Engagement of a Counsel on the Panel of one Court to appear before another
Court/City:-
The proposals are
submitted to Law Secretary for his approval.
(xi)
The other items of work:-
The
other items of work e.g. verification of fee bills, forwarding of Court notices
to the Ministries/Departments, clarification with regard to terms &
conditions, are disposed of with the approval of Joint Secretary &
Government Counsel, Shri D.R. Meena.
(xii) Treaties
in Civil and Commercial matters with foreign countries:-
The Joint Secretary & Government Counsel, Shri A.P. Agarwal handles this work. The Judicial Section provides
secretarial assistance. If it is proposed to enter into a Treaty with the
foreign country, the approval of the Cabinet is obtained and thereafter the
Treaty is signed.
(xiii) Service of Summons:-
The request for service of summons received from foreign countries with
which there is reciprocal arrangements, are forwarded to the concerned Courts
in India at the level of Joint Secretary & Government Counsel. Similarly, the summons issued by the
Indian Courts for service on the persons residing in foreign countries, are
forwarded to the Indian Embassy/Commission of that country at the level of
Joint Secretary & Government Counsel, Shri A.P. Agrawal.
All the matters regarding reciprocal arrangements, execution of decrees,
issue of commissions etc. are submitted to Shri A.P. Agrawal,
Joint Secretary & Government Counsel.
(i) Rule 6, 7
& 8 of Notaries Rules, 1956 (Annexure-III)
(ii) Section 10 of the
Notaries Act read with Rule 13 of the Notaries Rules
All
administrative matters are decided as per rules and instructions issued by the
Department of Personnel and Training and provisions prescribed in different
manuals through Under Secretary, Deputy Secretary, Additional Secretary, Law
Secretary and Minister.
(iv) The norms set by it for
the discharge of its functions:
Same
as given at (iii) above.
(v) The rules,
regulations, instructions, manuals and records held by it or under its control
or used by its employees for discharging its functions:
(a) The Notaries
Rules, 1956 (Annexure-III)
(b) Revision
of terms & conditions for engagement of Panel ‘A’,
‘B’, ‘C’ & ‘D’ Counsel in Supreme Court
vide O.M. No.21(4)/99-Judl. dated 24.9.1999.
(c)
Revision of fee
payable to Senior Counsel/Central Government Standing Counsel and Central
Government Pleaders in Delhi High Court (O.M. No.24(2)/99-Judl. dated
24.9.1999).
(d) Revision
of fee payable to Assistant Solicitor General of India and Central Government
Counsel in various High Courts (except High Courts of Delhi, Mumbai, Kolkata,
Chennai and Karnataka) and Senior Counsel of various High Courts (except High
Courts of Delhi, Mumbai, Kolkata and Chennai) vide O.M. No.26(1)/99-Judl. dated 24.9.99.
(e) Revision
of fee payable to Assistant Solicitor General of India/Central Government
Counsel in Karnataka High Court vide O.M. No.26(2)/99-Judl. dated
24.9.99.
(f)
Revision
of fee payable to Assistant Solicitor General of India/Central Government
Counsel in Madras High Court vide O.M. No.25(3)/99-Judl. dated
24.9.99.
(g) Revision
of fee payable to Special Counsel/Senior panel Counsel Group I, Senior Panel
Counsel Group II and Junior Counsel in Calcutta High Court, Kolkata vide O.M.
No.22(2)/2001-Judl. dated 14.5.2001.
(h)
Revision of fee
payable to Special Counsel/Senior panel Counsel Group I, Senior Panel Group II
and Junior Counsel in Bombay High
Court, Mumbai Bench vide O.M. No.23(2)/2001-Judl. dated
14.5.2001.
(i) Revision of
fee payable to Standing/Additional Standing Government Counsel in District
& Subordinate Courts vide O.M.No.27(11)/99-Judl. dated 24.9.99.
(j) Revision of fee payable to Senior Counsel/Junior Counsel
for conducting arbitration cases on behalf of Central Government before the
Arbitrators in Delhi/New Delhi and other places vide O.M. No.30(3)/99-Judl. dated 24.9.99.
(vi) A statement of the
categories of documents that are held by it or under its control:
Register of Notaries
(please see Annexure-III)
(vii) The particulars of any
arrangement that exists for consultation with, or representation by, the
members of the public in relation to the formulation of its policy or
implementation thereof:
The
scope of work in the Department of Legal Affairs does not involve any
consultation with the public.
(viii) A statement of the Boards,
Councils, Committees and other bodies consisting of two or more persons
constituted as its part or for the purpose of its advice and as to whether
meetings of those Boards, Councils, Committees and other bodies are open to the
public, or the minutes of such meetings are accessible for public:
Not applicable
(ix) A directory of its
officers and employees:
The
directory of the officers and employees is given at Annexure-IV.
(x) The monthly
remuneration received by each of its officers and employees, including the system
of compensation as provided in its regulations:
A
statement showing name of post with classification and scale of pay with
increments attached thereto is given at Annexure-V.
(xi) The budget allocated
to each of its agency, indicating the particulars of all plans, proposed
expenditures and reports on disbursements made:
There
is no allocation under plan scheme.
(xii) The manner of execution of
subsidy programmes, including the amounts allocated and the details of
beneficiaries of such programmes:
There
is no subsidy programmes to be executed by this Department.
(xiii) Particulars of concessions,
permits or authorizations granted by it:
There
are no such schemes under this Department.
(xiv) Details in respect of the
information, available to or held by it, reduced in an electronic form:
The
information pertaining to this Department is available on the website of the
Ministry of Law and Justice (Department of Legal Affairs).
(xv) The particulars of
facilities available to citizens for obtaining information, including the
working hours of a library or reading room, if maintained for public use:
There
is no other facility except the information available on the website of this
Department for public use.
(xvi) The names, designations and
other particulars of the public information officers:
The
particulars of the Public Information Officers/Assistant Public Information
Officers designated by the Department of Legal Affairs are given below:
|
Sl. No |
Name of the Office |
Appellate Authority |
CPIO |
CAPIO |
|
1. |
Main Secretariat, 4th Floor, Shastri Bhawan,
New Delhi-110001. |
Shri R. Ragupathi,
Additional Secretary Room
No.419, ‘A’ Wing, Shastri Bhawan, New Delhi-110001. Tel.
No.011-23384162 Fax
No.011-23073907 |
Shri Nirmal Singh,
Director Room
No.422A, ‘A’ Wing, Shastri Bhawan, New Delhi-110001. Tel.No. 011-23384706 |
Shri O.P. Bagri, Deputy Legal Adviser Room No.415D, ‘A’ Wing, Shastri
Bhawan, New Delhi-110001. Tel.
No. 011-23389006 |
|
2. |
Litigation Section (High Court) and
CAT Cell, |
-do- |
Shri Balbir Singh,
Assistant Legal Adviser Room
No.444, Lawyers’ Chamber, Tel.
No.011-23383874 |
Smt. Savita Singal, Supdt.(Legal) Room No.449, Lawyers’ Chamber, Tel.
No. 011-23384193 |
|
3. |
Litigation Section ( 5th Floor, |
-do- |
Shri S.D.B. Chenzi,
Deputy Legal Adviser Tel.
No.011-23919238 Fax
No.011-23919238 |
Shri Jiwan Ram, Supdt.(Legal) Tel. No. 011-23919238 Fax
No. 011-23919238 |
|
4. |
Central Agency Section, Supreme Court
Compound, Fax
No. 011-23382731
and 011-03382522 |
Smt. Sushma Suri,
Senior Govt. Advocate Tel.
No.011-23381225 |
Shri B.K. Prasad, Additional Govt. Advocate Tel.
No.011-23382576 |
Shri D.S. Mehra,
Deputy Govt. Advocate Tel.
No. 011-23381225 |
|
5. |
Branch Secretariat, Mumbai, 2nd Floor,
Aayakar Bhavan Annexe, New Marine Lines. Mumbai-400020. Tel
No- 022-22015789 Fax No.-022-22088345 &
022-22004132 |
Dr. T.C. Kaushik,
Sr. Govt. Advocate, In-charge, Litigation Tel.
No. 022-22011790 |
Shri H.P. Chaturvedi, Additional Legal Adviser Tel.
No. 022-22038187 |
Shri N.A.Pandey,
Superintendent (Legal) Tel.
No. 022-22039187 |
|
6. |
Branch
Secretariat, Kolkata, 3rd Floor, Tel.
No.033-22486621 Fax No.033-22485215
& 033-22311646 |
Shri
S.S. Sarker, Additional Govt. Advocate Tel.
No.033-22486516 |
Shri
P.K. Saha, Deputy Legal Adviser Tel. No. 033-22311643 |
Shri Somen Chowdhury, Section Officer Tel.
No. 033-22489625 |
|
7. |
Branch
Secretariat, Chennai, 3rd Floor (Rear Wing), Shastri Bhavan, Annex. Building, 26, Tel.
No. 044-28277643 Fax
No. 044-28270501
&
044-26270076 |
Shri R.
Ragupathi, Additional Secretary Room No.419, ‘A’ Wing, Shastri
Bhawan, New Delhi-110001. Tel. No.011-23384162 Fax
No.011-23073907 |
Ms. R.
Jayalakshmi, Assistant Legal Adviser, Tel.
No. 044-28272671 |
Shri B. Nandkumar, Superintendent (Legal) Tel.
No. 044-28277523 |
|
8. |
Branch Secretariat, 5th
Floor, Tel.
No.080-22342001 &
080-22342002 Fax
No. 080-22342003 |
-do- |
Shri G.C. Mishra,
Deputy Legal Adviser Tel.
No. 080-22342003 |
Shri R. Rajagopal, Section Officer Tel.
No. 080-22342001 |
(xvii) Such other information as may be
prescribed:
This
Department has nothing special to mention.