GOVERNMENT OF INDIA

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:

ORGANIZATION

          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.

FUNCTIONS AND DUTIES

          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.

Functions and Duties of Branch Secretariat, Bangalore.

ORGANISATION: Deputy Legal Adviser heads the Branch Secretariat, Bangalore. The Branch Secretariat, Bangalore has jurisdiction over the States of Karnataka and Andhra Pradesh handling the litigation and advice of various Central Government Department/Ministries.

ADIVICE: 1) The Branch Secretariat renders legal advice to all the Central Government Departments and offices located in the States of Karnataka and Andhra Pradesh. The advice work includes scrutiny and vetting of pleadings i.e. statement of objections, counter affidavits to be filed before the High Courts i.e. High court of Karnataka, Bangalore, Circuit Benches of High Court of Karnataka at Dharwad and Gulbarga and High court of Andhra Pradesh respectively, reply statement to be filed before Central Administrative Tribunal, written statement, counter affidavits, counter statements, versions filed before District Courts, Subordinate Courts and various other Tribunals.

2) Examining the feasibility of filing SLP, Appeals, review etc. interpretation of laws guiding Departments on legal sustainability of their action and holding discussions with the administrative Departments, whenever necessary.

LITIGATION : The Branch Secretariat, Bangalore supervises the entire litigation of the Central Government Departments and offices in the High court of Karnataka, Bangalore, Circuit Benches of High Court of Karnataka at Dharwad & Gulbarga and High Court of Andhra Pradesh, Subordinate Courts located at Bangalore City and twin cities of Hyderabad and Secunderabad and CAT in both the States. This Branch Secretariat also looks after the work of Government litigation in the District Consumer Dispute Redressal Fora, the State Consumer Redressal Commissions of both the States Central Govt. Industrial Tribunal and Debt Recovery Tribunal. The function of the Branch Secretariat in this regard includes engagement/ nomination of the Counsel and distribution of cases among the Central Government Counsel.

COUNSEL’S FEE BILLS : This Branch Secretariat itself processes counsel fee bills and pays the fees directly from its centralized funds to the Central Government Counsel in the High Court of Karnataka, Bangalore. So far as Circuit Benches of High Court of Karnataka at Dharwad and Gulbarga are concerned, the counsel fee bill is borne by the concerned Department on whose behalf the Counsel conducts the cases and not by the Branch Secretariat, Bangalore. The concerned Departments pay the fee for Central Government panel Counsel in CAT, District and subordinate Courts. Hence this Branch Secretariat is not certifying counsel fee bills. However, clarifying the various provisions of the scheme to the Department in case of any doubt and maintaining the liaison between the Government Departments and the Central Government Counsel.

 

(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:

A)      Legal Advice

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.

B)      Judicial

(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. 

C)      Notary

(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

D)      Administration

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.

Dr.( Smt.) Gita Rawat,
Joint Secretary & First Appellate Authority.

Department of Legal Affairs,
Room No. 405 B , “A” wing, Shastri Bhawan,
New Delhi-110001

Tel. No. 23384630

Shri K.Ginkhan Thang,
Deputy Secretary & CPIO,

Room No.422 “A” A” wing, Department of Legal Affairs Shastri Bhawan,
New Delhi-110001


Tel. No. 011-23384706

Ms. Asha Sota,
Under Secretary & CAPIO,

Room No.410 “D” wing, Department of Legal Affairs Shastri Bhawan,
New Delhi-110001


Tel. No. 011-23389127

2.

Litigation Section (High Court) and CAT Cell,

Delhi High Court, New Delhi-110003.

 

 

 

-do-

 

 

 

 

Shri Balbir Singh, Assistant Legal Adviser

Room No.444, Lawyers’ Chamber, Delhi High Court, New Delhi-110003.

Tel. No.011-23383874

Smt. Savita Singal, Supdt.(Legal)

Room No.449, Lawyers’ Chamber, Delhi High Court, New Delhi-110003.

Tel. No.

011-23384193

3.

Litigation Section (Lower Court),

5th Floor, Tis Hazari Court, New Delhi-110001.

 

 

 

-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, New Delhi.

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, Middle Building, 11 Strand Road, Kolkata-700001.

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, Haddows Road, Chennai-600006.

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, Bangalore, 

'D' Wing, 4th Floor,
Kendriya sadan,
Koramangala,
Bangalore – 560034.

Tel. No.080-25532002

& 080-25532003

 

 

 

 

-do-

Shri R.Ganesh Voltair
Assistant Legal Adviser,
Ph:080-22342003 (O)

Shri R. Rajagopal,

Section Officer

Tel. No.

080-22342002

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(xvii)  Such other information as may be prescribed:

          This Department has nothing special to mention.