Monday, 6 July 2015

FUNCTIONS AND ORGANISATION SET UP

The Union Ministry of Law and Justice comprises of three Departments, namely the Department of Legal Affairs, Legislative Department and Department of Justice and through the said Department, the Ministry assists in the process of orderly change directed towards realisation of the objectives set out in the Constitution. 2. The Legislative Department and the Department of Legal Affairs act as service providers in so far as the legislative business of the Government and tendering advice on legal matter to Ministries/Departments, is respectively concerned. Thus the said two Department do not have any specific schemes, which can translate in to specific and quantifiable outputs. 2. DEPARTMENT OF LEGAL AFFAIRS. Functions and Responsibilities. 1. The Department has been allocated the following items as per the Government of India [Allocation of Business Rules] 1961:- (a) Advice to Ministries on legal matters including interpretation of the Constitution and the laws, conveyance and engagement of counsel to appear on behalf of the Union of India in the High Courts and subordinate courts where the Union of India is a party. 
(b) Attorney General of India, Solicitor General of India and other Central Government law officers and in respect of the States whose services are shared by the Ministries of the Government of India. (c) Conduct of cases in the Supreme Court and the High Courts on behalf of the Central Government and on behalf of the Governments of States participating in the Central Agency Scheme. 
(d) Reciprocal arrangements with foreign countries for the service of summons in civil suits, for the execution of decrees of Civil Courts, for the enforcement of maintenance orders, and for the administration of the estates of foreigners dying in India. 
(e) Authorization of officers to execute contracts and assurances and of property on behalf of the President under Article 299(1) of the Constitution, and authorization of officers to sign and verify plaints or written statements in suits by or against the Central Government. 
(f) Indian Legal Service. 
(g) Treaties and agreements with foreign countries in matters of civil law. 
(h) Law Commission. 
(i) Legal Profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to practice before High Courts. 
(j) Enlargement of the jurisdiction of Supreme Court and conferring thereon of further powers; persons entitled to practice before the Supreme Court; references to the Supreme Court under Article 143 of the Constitution of India. 
(k) Administration of the Notaries Act, 1952 (53 of 1952). 
(l) Income-tax Appellate Tribunal. 
(m) Appellate Tribunal for Foreign Exchange

2. The Department has also been allocated to administer following Acts: 
(a) The Legal Service Authority Act, 1987; 
(b) Advocates Welfare Funds Act, 2001; 
(c) The National Tax Tribunal Act, 2005; 

3. The Department is also administratively in- charge of the Appellate Tribunal for Foreign Exchange, the Income Tax Appellate Tribunal, the newly set up National Tax Tribunal and the Law Commission of India. The Department is also administratively concerned with all the matters relating to the Indian Legal Service. It is further connected with the appointment of Law Officers namely the Attorney General of India, the Solicitor General of India and the Additional Solicitor Generals of India. With a view of promoting studies and research in law and with a view to promoting Alternative Disputes Resolution Mechanism, improvement in legal profession, this Department sanctions grant in aid to certain institutions engaged in these fields, like, Indian Law Institute, International Central for Alternative Disputed Resolution, Institute of Constitutional and Parliamentary Studies and Bar Council of India. 

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