GOVERNMENT OF INDIA
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 New Delhi and the Branch Secretariats at Mumbai, Kolkata, Chennai and Bangalore.
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 Union Territories is handled by the Central Agency Section presently headed by a Joint Secretary.
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 Delhi is handled by the Litigation (Lower Court) Section headed by an Assistant Government Counsel.
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 India and the Additional Solicitor Generals of India. The Department of Legal Affairs administers the Advocates Act, 1961, the Notaries Act, 1952, the Legal Services Authorities Act, 1987 and the Advocates’ Welfare Fund Act, 2001. This Department is also administratively in charge of the Appellate Tribunal for Foreign Exchange, the Income Tax Appellate Tribunal, the Indian Legal Service and the Law Commission of India.
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 Authorities | Public
Information Officers |
Asst.
Public Information Officers |
1. |
Main Secretariat including Litigation (High Court) Section & Litigation (Lower Court) Section. |
Shri M. A. Khan Yusufi, Jt. Secretary & Legal Adviser Ministry of Law & Justice,
Department of Legal Affairs, Room No. 406B, ‘A’ Wing, Shastri Bhawan, Dr.
Rajendra Prasad Road, NewDelhi-110001. Tel. No.23385383
|
Shri Nirmal Singh Director in respect of Main Sectt. Addl. Legal Adviser, Ministry of Law & Justice, Department of Legal Affairs, Room No. 422A, ‘A’ Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi- Tel. No.23384706
Shri Inder Kumar, Addl. Legal Adviser in respect of Litigation(HC) Section, CAT Cell and Litigation (Lower Court) Section
110001.
|
(i) Shri O. P. Bagri, Astt. Legal Adviser in respect of Main Sectt., Department of Legal Affairs, Ministry of Law and Justice, Room No. 415D, ‘A’ Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi-110001. Tel. No.23389006
(ii) Shri Rati Kant, Superintendent(Legal) in respect of Litigation (High Court) Section, CAT Cell. Department of Legal Affairs, Ministry of Law and Justice, 444, Lawyers’ Chamber, Delhi High Court, New Delhi-110003. Tel. No.23384193
(iii) Shri Dev Kant, Assistant Legal Adviser, Litigation (Lower Court) Section, Department of Legal Affairs, Ministry of Law and Justice, 5th Floor, Tis Hazari Court, Delhi. Tel. No.23919238 Fax No.23919238 |
2. |
Branch Secretariat, Mumbai. |
Shri S. K.
Mohapatra Addl. Legal Adviser
|
Shri H. P. Chaturvedi, Deputy Legal Advisor, Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, 2nd Floor, Aayakar Bhavan, New Marine Lines, Mumbai-400020. Tel. No.022-22015789 Fax No.022-22088345 |
Shri P. S Gujar Astt. Legal Adviser |
3. |
Branch Secretariat, Kolkata |
Smt. S
Bhattacharya, Sr. Government Advocate |
Shri S. S Sarkar Addl. Government Advocate, Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, 234/4, Acharya J.C. Bose Road, 18th Floor, 2nd MSO Building, Nizam Palace, Kolkata-700020. Tel. No.033-22875510 Fax No.033-22876191 |
Shri P K Saha, Astt. Legal Adviser, Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, 234/4, Acharya J.C. Bose Road, 18th Floor, 2nd MSO Building, Nizam Palace, Kolkata-700020. Tel. No.033-22879171 Fax No.033-22876191 |
4. |
Branch Secretariat, Chennai |
Shri G
Jayaramulu Addl. Legal Adviser (Posted at Br. Sectt., Chennai) |
Smt. K V R Jayalakshmi, Astt. Legal Adviser, Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, 3rd Floor (Rear Wing), Shastri Bhavan Annexe Building, 26, Haddows Road, Chennai-600006. Tel. No.044-28277643 Fax No.044-28270501 |
Shri S Joseph Balasunder, Superintendent(Legal), Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, 3rd Floor (Rear Wing), Shastri Bhavan Annexe Building, 26, Haddows Road, Chennai-600006. Tel. No.044-28277523 Fax No.044-28270501 |
5. |
Branch Secretariat, Bangalore |
Shri G
Jayaramulu Addl. Legal Adviser (Posted at Br. Sectt., Chennai) |
Shri B K Bhargava, Deputy Legal Adviser, Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, No.240, 4th Main Road, Sadhashiv Nagar, Bangalore-560080. Tel. No.080-23617254 Fax No.080-23617016 |
Shri G C Mishra, Astt. Legal Advisor, Branch Secretariat, Department of Legal Affairs, Ministry of Law & Justice, No.240, 4th Main Road, Sadhashiv Nagar, Bangalore-560080. Tel. No.080-23617254 Fax No.080-23617016 |
6. |
Central Agency Section, New Delhi. |
Smt Sushma Suri, Senior Government Advocate, Central Agency Section, Department of Legal Affairs, Ministry of Law and Justice, Supreme Court Compound, Supreme Court, New Delhi-110001. Tel. No.23381225
|
Shri B K Prasad, Addl. Govt. Advocate, Central Agency Section, Department of Legal Affairs, Ministry of Law and Justice, Supreme Court Compound, Supreme Court, New Delhi-110001. Tel. No.23382576 Fax No.23382731 |
Shri D. S. Mehra, Asst. Govt. Advocate, Central Agency Section, Department of Legal Affairs, Ministry of Law and Justice, Supreme Court Compound, Supreme Court, New Delhi-110001. Tel. No.23382450
|
(xvii) Such
other information as may be prescribed:
This Department has nothing special to mention.