| a) |
Functions
and duties |
| |
The functions
and duties of the Judicial
Department have been laid
down under Rule 53 of
the Assam Rules of Executive
Business, 1968. The Relevant
rules in this respect
are given below: |
| |
All administrative
Departments shall consult
the Judicial Department
on |
| |
a) |
the construction
of statutes, acts, regulations
and statutory rules, orders
and notifications |
| |
b) |
any general
legal principles arising
out of any case |
| |
c)
|
the institution
or withdrawal of any prosecution
at the instance of any
administrative Department |
| |
Every such
reference shall be accompanied
by an accurate statement
of the facts of the case
and the point or points
on which the advice of
the Judicial Department
is desired.
Further, the following
matters are dealt with
by the Department.
|
| |
(i) |
Appointment
of Advocate General/ Addl,
Advocate General |
| |
(ii) |
Appointment
of Govt. Pleaders and
Public Prosecutors for
conducting Govt. cases
in the district and subordinate
Courts and payment of
fees |
| |
(iii) |
Appointment
of Govt. Advocates in
the High Court, payment
of their fees and maintenance
of the office of the Sr.
Govt. Advocate, Assam |
| |
(iv)
|
Matters
relating to conduct of
Govt. cases in Supreme
Court and payment of Advocate
fees |
| |
(v) |
To maintain
liaison between the High
Court and the Govt. in
matters as prescribed
in the Constitution |
| |
(vi) |
Vetting of the Draft Affidavit/Cabinet
Memorandum submitted by
various Administrative
Depts. |
| |
(vii) |
Service
matters relating to the
Assam Judicial, Legal
Service, Presiding Officers,
Labour Court and different
Tribunals |
| |
(viii) |
Administrative
Control of the office
of the Advocate General,
Assam and the Senior Govt.
Advocate, Assam |
