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ORGANISATION, FUNCTIONS AND DUTIES
The Law and Judicial Department mainly deals with administration of justice including legal affairs i.e. drafting of various laws, giving opinions/advice to other department, vetting of various Govt. instruments etc. and monitor court cases pending for and against the Govt. in the Supreme Court, High Court and various subordinate courts. It is headed by Secretary, who is also the administrative head of the Department. It has its main office in the Secretariat Block ‘C’ building.
FUNCTIONS :-
1. The functions of the Law Department are to –
(a) Aid and advise the Government and other Departments on all legal matters ;
(b) consider the proposals for legislation for the consideration of the Government ;
(c) Draft legislations for giving effect to the decisions of the Government ;
(d) Prosecute all litigation for and on behalf of the State Government;
(e) Make proposals for legal reforms to the Government;
(f) Bring out in published form all Acts, rules, notifications and update them from time to time;
(g) Formulate Schemes for giving legal aid to weaker sections of the society.
2. Proposals to initiate legislation shall be treated as a case and the Law Department shall advise government as –
1) The feasibility of the proposed legislature from a legal point of view;
2) Competence of the State Legislature to enact the measure proposed; and
3) The requirements of the Constitution as to obtaining the previous sanction of the President thereof; and
4) The consistency of the proposed measure with the provisions of the constitution and in particular those relating to the Fundamental Rights.
3. If the legislation is decided upon by the Minister –in- Charge, the Department will, if the legislation involves expenditure from the Consolidated Fund of the State, prepare in consultation with the Finance Department, a financial memorandum. The papers shall then dent to the Law department requesting to draft the Bill accordingly.
4. The Law Department shall thereafter prepare a Draft Bill and return the case where necessary, to the Department concerned.
5. If the Bill is approved by the Minister in charge it shall be brought before the meeting of the cabinet with the prior approval of the Chief Minister. The cabinet may approved the Bill with or without amendments.
6. If the Bill is approved with amendments it shall be sent to the Law Department to finalized the Bill after incorporating the amendments.
7. The Law Department shall then sent the Bill to the Department concerned indicating at the same time the sanctions, if any required for the Bill. If any provisions in the Bill involving expenditure from the Consolidated Fund of the State are modified in the finalized draft, the Department shall send the finalized draft Bill to Finance Department for revising, if necessary, the financial memorandum.
8. The Bill thus finalized will be sent to the Legislative Assembly by the Department concerned for introduction in the Legislature with intimation to the Law Department. The Law Department will obtain the previous sanction of the President wherever necessary under the Law. The Law Department will obtain the recommendation of the Governor in cases where such recommendation is necessary.
9. Notwithstanding anything confined in Rule 40, measures designed to modify and consolidated existing enactments and Legislation of formal character, such as repealing and amending Bill may initiated in the Law Department.
Provided that the Law Department shall send a copy of the draft Bill to the Department which is concerned with the subject matter for consideration as an administrative measure. The Department to which it is sent shall forthwith make such enquiries as it thinks fit and shall sent to Law Department for its opinion thereon.
10. (1) Wherever a private member of the State Legislature gives notice of his intention to move for leave to introduce a Bill, he shall notice of his attention to the Secretary of the Legislative Assembly and shall together with the notice, submit a copy of the Bill and statements of objects and reasons.
(2) The Secretary of the Legislative Assembly shall then send a copy of the Bill and the statement of objects and reasons to the Minister for Parliamentary Affairs and the Law Department.
(3) The Bill shall be dealt with as a case by the law Department in the first instance, where it shall be considered in its technical aspect, such as need for previous sanction of the President and the competency of the State Legislature to enact the measure and then be forwarded with its opinion to the department to which the case belongs.
(4) The Department concerned shall then examined whether any provisions of such Bill involve expenditure with the Finance department, the Financial Memorandum in respect of the Bill.
(5) The Department concerned shall then place the matter before the cabinet for necessary orders.
(6) The Law Department shall thereafter take necessary steps as prescribed in respect of a government Bill.
10. The provisions of Rule shall apply, as far as may be, to amendments of substance recommended by the Select Committee and also to all amendments, notice of which is given by Members of the State Legislature for being moved during the consideration of a bill in that Legislature.
11. (a) When a Bill has been passed by the Legislature, the Law Department shall then present the Bill to the Governor either for his assent or for reservation for assent of the President wherever necessary.
(b)Where the governor directs that the Bill should be reserved for the consideration of the President or returns to the Legislature with a message, the Law Department shall place the matter before the Council of Ministers as per the procedure prescribed under Rule 18 with its opinion.
(c)After obtaining the assent of the Governor or the President as the case may be, the Law Department shall take steps for publication of the Bill in the Official Gazette as an Act of the Legislature.
12. Whenever it is proposed in any Department other than the Law Department:-
(1) to issue a statutory rule, notification or order;
or
(2) to submit to the Central government any statutory rule, notification or order for issue by them, the draft shall be referred to the Law Department for opinion and for revision, where necessary.
(3) The Law Department shall be consulted by all Administrative
Departments as on :-
(a) the construction of statues, acts, regulations and statutory rules, orders, and notifications;
(b) any general legal principles arising out of any case; and
(c) the constitution or withdrawal of any suit, prosecution or other legal proceedings;
(d) all correspondence to High Court or Supreme Court in any matter; and
(e) matters relating to state Judicial Service.
Every such reference shall be accompanied by an accurate statement of facts of the case and the point or points on which the advice of the Law Department is desired.
2. DUTIES
1) Compilation, Maintenance and Interpretation of all Acts/Rules.
2) Law and regulation in force from time to time.
3) Administration of Justice including District Council Court and training of Judicial Officers, and constitution of various Special Courts.
4) Advice on Legal matters
5) Appointment of Advocate General/Standing Counsel/Public Prosecutors
6) and Govt. Advocates.
7) Advice on all cases in the Supreme Court, High Court and Civil and Criminal Court against the Government.
8) Vetting of all official Bills/Rules/Regulation.
9) Vetting of Contract deeds and advice on Arbitration cases including those under the Arbitration conciliation Act., 1996.
10) Matters relating to inheritance of property under the Mizo District (Inheritance of property) Act., 1956.
11) General Supervision over District and other Subordinate Courts, except where it is done by the High Court.
12) Matters relating to the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953.
13) Personal Laws and Customary Laws and practices.
14) Matters relating to High Court and Supreme court.
15) Investiture of Magisterial powers.
16) Matters relating to Legal Services Authorities Act., 1987.
17) Indian Registration Act.1908 .
18) Matters relating to Motor Accident Claim Tribunal.
19) Matters relating to claims for Compensation under the Workmen’s Compensation Act., 1926.
20) Inter-departmental disputes before various Courts.
B. ESTABLISHMENT :- The Department establishment indicating officers and staff as sanctioned by the Govt. shall be -----
1. Secretary : A Secretary to the Govt. of Mizoram is the administrative head of the Department. He is the Principal Adviser of the minister on all policy, administration and legal matter. His responsibility is complete and undivided.
2. Joint Secretary : Joint Secretary is in charge of the Department entrusted with the maximum measure of independent functioning and responsibility in respect of all business falling within his wing, subject however, to the general responsibility of the Secretary.
3. Deputy Secretary -I : Deputy Secretary-I is an officer who acts on behalf of the Secretary. He is declared as head of Office of Law & Judicial Department. He is responsible for disposal of business in connection with Supreme Court cases, legal advice, etc. He is also Drawing and Disbursing Officer of the Department. He uses his discretion in taking orders of the Joint Secretary/Secretary on more important cases either orally or by submission of files.
4. Deputy Secretary -II : Deputy Secretary-II is an officer who acts on behalf of the Secretary. He is responsible for disposal of business in connection with High Court and Subordinate Court cases. He use his discretion in taking orders of the Joint Secretary/Secretary no more important cases either orally or by submission of files.
5. under Secretary-I : Under Secretary-I is in charge of drafting cell of the Department. All matters relating to Supreme Court cases. High Court cases, legal advice, etc. are dealt by him. He disposes of as many cases as possible at his awn level, but he takes the orders of the Deputy Secretaries or higher officers on important cases.
6. Under Secretary-II : An Under Secretary-II is in charge of the Administration of the Law and Judicial Department. She disposes of many cases as possible at her own level, but she takes orders of the Deputy Secretary of higher officers on important cases.
7. Superintendent: Main function of the Superintendent is supervision of the works of staff under his administrative control. His duties may be summarized as below :-
(a) Distribution of work among the staff.
(b) Training, helping and advising staff.
(c) Management and Co-ordination of the work.
(d) Maintenance of order and discipline in the section.
(e) Maintenance of a list of residential addresses of the staff.
8. Assistant/UDC : He works under the Orders and supervision of the Superintendent and is responsible for the work entrusted to him.
9. Lower Division Clerk : LDC is ordinarily entrusted with work of routine nature, e.g. registration of dak, maintenance of file movement register, Typing, comparing and dispatch. Etc.
C. 1. Drafting Cell : The drafting Cell is immediately responsible for examination of acts and Rules. The Cell is headed by one Under Secretary with experience and proficiency in drafting. He is to act in close supervision by the Secretary.
2. Library : The Department maintains Library from where any Officer of the Department may collect law books for reference in his works at all times. There is a Librarian in the Department under the direct supervision of one Under Secretary.
CATEGORIES OF DOCUMENTS
1. LITIGATION
(a) Supreme Court cases
(b) High Court cases
(c) District Courts’ cases
2. INTERNAL ADMINISTRATION OF THE DEPARTMENT
(a) Establishment matters of Subordinate staff under Law and Judicial
(b) Appointment/termination of Advocate General/Standing Counsel, Govt. Advocate/Public Prosecutor
3. FISCAL ADMINISTRATION
(a) Planning and Budgeting
(b) Payment of Fees to Standing Councel/Govt. Advocate/Public Prosecutor/Assistant Govt. Advocate/Assistant Public Prosecutor.
(c) Allocation of fund for maintenance of Courts.
4. IMPLEMENTATION OF CENTRAL SCHEME
(a) Development of Infrastructure of Judiciary.
(b) Fast Track Court.
C. PROCEDURE FOLLOWED IN THE DECISION MAKING PROCESS, ETC.
The Department followed procedure laid down in the Govt. of Mizoram (Transaction of business) Rules 1987; office manual and office procedure, General Financial Rules, treasury Rules and orders issued by Govt. from time to time.
D. NORMS SET FOR THE DISCHARGE OF ITS FUNCTION –
There is no specific norms set in the Department. Officer at various levels discharge their functions and take decisions on the merit of the case.
E. RULES, REGULATION, INSTRUCTIONS, MANUALS AND RECORDS HELD FOR DISCHARGING OF ITS FINCTIONS.
1) The Government of Mizoram (Transaction of Business) Rules 1987.
2) The Government of Mizoram (Allocation of business) Rules, 1987.
3) Offices Manual and office procedure.
4) Central Treasury Rules.
5) General Financial Rules.
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