GOVERNMENT 0F ANDHRA PRADESH
A B S T R A C T
LAW OFICERS – Andhra Pradesh Law Officers(Appointment and Conditions of Service) Instructions, 2000 – Orders – Issued.
LAW (L) DEPARTMENT
G.O.M.No. 187 Dated : 06.12.2000
Read the following:
G.O.Ms.No. 57, Law, dated : 16.03.1990.
G.O.Ms.No. 64, Law, dated : 19.02.1997.
G.O.Ms.No. 165, Law, Dated : 20.06.1997.
G.O.Ms.No. 187, Law, dated : 15.07.1997.
GO.Ms.No. 155, Law, dated : 3-08.1998.
G.O.Ms.No. 118, Law, dated : 28.06.1999.
G.O.Ms.No. 158, Law, dated : 1.09.1999.
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O R D E R:
The following Notification will be published inthe next Extra-ordinary issue of Andhra Pradesh Gazette.
In exercise of all the Government Orders onthe subject including the Government Orders read above, the Government of Andhra Pradeshhereby issue the following instructions regulating the appointment and conditions ofservice of the Law Officers of the Government of Andhra Pradesh other than the AdvocateGeneral and Additional Advocates General :-
R U L E S
1. Short Title and Commencement :
These instructions may be called the Andhra Pradesh Law Officers(Appointment and Conditions of Service) Instructions, 2000.
Definitions : In these instructions, unless the contextotherwise requires, -
"Assistant Government Pleader" means a person appointedto assist the Government Pleader or to conduct cases on the Civil side in the courts ofSenior Civil Judges, Junior Civil Judges, Labour Courts, Industrial Tribunals and anyother court or Tribunal not covered by clause (iii).
"Government" means the State Government;
"Government Pleader" means a personappointed for work on the Civil side in the High Court of Andhra Pradesh, Andhra PradeshAdministrative Tribunal, Andhra Pradesh State Consumer Disputes Redressal Commission orDistrict Courts and includes an Additonal Government Pleader or Special Government Pleaderor Government Pleader-cum-Public Prosecutor in the Special Court established under theAndhra Pradesh Land Grabbing (Prohibition) Act, 1982 or the Government Pleader in anyother State level Court or Tribunal.
"Law Officer" means a GovernmentPleader or an Assistant Government Pleader or a Public Prosecutor or Additional PublicProsecutor or Special Public Prosecutor or a Special Counsel;
"Special Counsel" means a SpecialCounsel appointed in the Central Administrative Tribunal, Hyderabad Bench and includes anadvocate appointed for any specific case or for specific purpose in any other court ortribunal.
"Standing Counsel" means a StandingCounsel appointed for a State Public Undertaking or a Local authority or a University or aCharitable and Hindu religious Institution and Endowment or any other instrumentality ofthe Government;
"State Public Undertaking" means andincludes, -
any Corporation established by or under a StateAct and owned or controlled by the Government;
any Government Company as defined under theCompanies Act, 1956;
any Society registered under the relevant Law forthe time being in force, which is funded by the Government in this behalf and includesapex Co-operative bodies.
3. Appointment of Law Officers:- (1)Government shall appoint such number of Law Officers on behalf of the State, to conductcases before various courts and Tribunals as they may consider necessary;
(2) (a) A State Public Undertaking or a LocalAuthority or a University or any other instrumentality of the Government may appoint suchnumber of Standing counsel on their behalf to conduct cases before various Courts andTribunals as they may consider necessary.
(b) The appointment of a Standing Counsel in theHigh Court of Andhra Pradesh and in any other State Level Court or Tribunal shall be madefrom out of a panel of three persons prepared by the Advocate-General, after obtaining theprior approval of the Government.
(c) The appointment of Standing Counsel in anyother Court or Tribunal in the Districts shall be from out of a panel of three namesprepared by the District Collector in consultation with the District and Se3ssions Judgeconcerned.
(d) The qualifications for appointment of aStanding Counsel shall be the same as prescribed for the Government Pleader at the StateLevel and the Government Pleaders and Assistant Government Pleaders at the District Level.
(e) The appointment of Standing Counsel shall bemade on the ground of merit and suitability while making every effort to provide equitablerepresentation to members of Scheduled Castes, Scheduled Tribes, Backward Classes andWomen.
(f) The honorarium payable to a Standing Counselmay be such as determined by the appointing institution.
(h) Except in so far as it is expressly providedherein, the remaining instructions of this order shall apply mutatis-mutandis to StandingCounsel also.
(3) Government, at its discretion, may entrustimportant or complex cases either to the Advocate-General, or any of the AdditionalAdvocates-General or in consultation with the Advocate-General, to any senior Advocate.
4. Appointment of Law Officers in the HighCourt etc.:- (1) The Government, in consultation with the Advocate-General, shallappoint such number of Law Officers in the High Court of Andhra Pradesh, Andhra PradeshAdministrative Tribunal, Central Administrative Tribunal, Hyderabad Bench, Special Courtestablished under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Andhra PradeshState Consumer Disputes Redressal Commission and Sales Tax Appellate Tribunal or any otherState Level Court or Tribunal as they may consider necessary:
(2) The Advocate-General shall prepare a panel ofthree advocates in advance before expiry of the term of the incumbents and send the sameto the Government for consideration :
Provided that the Advocate-General may considerthe suggestion of the concerned Department of the Government and the Heads of theDepartments as the case may be, in inclusion of persons in the panel :
(3) No person shall be included in the panel forappointment as Government Pleader, or Special Counsel unless he,
(a) has at least ten years Standing as anAdvocate of a High Court or two or more such High Courts in succession;
(b) is below sixty five years of age on the dateof inclusion in the panel, and
(c) is an income-tax assessee for a period of atleast three years prior to his appointment; or
(d) has practised at the Bar for a period of fiveyears in the case of appointment of members of the Andhra Pradesh State Higher JudicialService or the Andhra Pradesh Secretariat Service.
(4) Appointment shall be made by the Government;
(a) from among the members of the bar, or
(b) by transfer from amog,-
the members of the Andhra Pradesh State HigherJudicial Service from out of a panel of names forwarded by the High Court at the requestof the Advocate-General; or
the members of Andhra Pradesh Secretariat Servicenot below the rank of Deputy Secretary to Government in Law Department;
5. No person shall be eligible for appointment asAssistant Government Pleader unless he is an Advocate of High Court of Andhra Pradesh, atleast for a period of five years;
(6) On receipt of a panel sent by theAdvocate-General under sub-instruction (2) the Government in Law Department shall considerthe same and appoint one among the panel as Law Officer for a term prescribed underinstruction 8 or call for a fresh panel.
(7) The Advocate –General shall submit afresh panel as called for under sub-instruction (6) in the same manner as above forconsideration.
(5). Appointment of Law Officers in theDistrict Courts an City Courts subordinate to the High Court :- (1) Appointment ofLaw Officers in all the Courts and Tribunals subordinate to the High Court shall be madeon the basis of the recommendations of the District Collector concerned who shallascertain the views of the concerned District and Sessions Judge before making therecommendations.
(2) The District Collector shall prepare a panelof Advocates well in advance before expiry of the term of incumbents and send the same tothe Government for consideration.
Note I. - While recommending panels, theDistrict Judge may obtain the Bio-data from such of the Advocates whom he considers to befit for appointment and send a panel of eligible candidates on that basis without callingfor Bio-data from all the Advocates having a particular standing.
Note II. - The Collectors shall, while makinga recommendation to the Government, furnish the following particulars, in respect ofadvocates included in the panel, which shall pertain to a period of three yearsimmediately preceding the year in which the recommendation is made and which shall be in afull and complete form and adequate for the purpose of the selection : i.e.,Qualification, age, Social Status, Standing at the Bar as an advocate, nature of practice,the number of sessions cases conducted (in case of posts of Public Prosecutor andAdditional Public Prosecutor), the number of suits, appeals and the like conducted (incase of posts of Government Pleaders and Additional and Assistant Government Pleaders),the amount of Income Tax, if any paid, general antecedents, efficiency, reliability, anappraisal by the Sessions Judge or the District Judge about the nature and quality ofadvocacy, general repute and personality.
(3) No person shall be eligible for appointment,-
as Government Pleader unless he has at least Tenyears of standing at the Bar;
as Assistant Government Pleader,-
in the Senior Civil Judges Court unless, he hasat least seven years of Standing at the Bar; and
in the Junior Civil Judges Court unless, he hasat least five years of Standing at the Bar.
(4) On receipt of a panel sent by the DistrictCollector under sub-instruction (1), the Government in Law Department shall consider thesame and appoint one among the panel as Law Officer for a term prescribed underinstruction 8 or call for a fresh panel.
(5) The District Collector shall submit a freshpanel as called for under sub-instruction (4) in the same manner as above forconsideration.
(6) The Standing Counsel for Charitable and HinduReligious Institutions and Endowments shall continue to be appointed as per the existingprocedure.
6. Appointment of Public Prosecutors,Additional Public Prosecutors and Special Public Prosecutors:- Public Prosecutors,Additional Public Prosecutors and Special Public Prosecutors shall be appointed as per theprovisions of Section 24 of the Code of Criminal Procedure, 1973.
7. Guidelines for selection of Law Officers:-The Selection of candidates for appointment as Law Officers shall, as far as possible, bein accordance with the following guidelines :
The selection shall be based primarily on meritand suitability.
In making the selection, every endeavour shall bemade to provide equitable representation to members of Scheduled Castes, Scheduled Tribesand Backward Classes in accordance with the ratio of 15%, 6% and 25% respectively. Womenshall be accorded reasonable representation in all categories.
When merit and suitability are equal, preferencemay be given to members of Scheduled Castes, Scheduled Tribes, Backward Classes and Women.
For the above purpose, the High Court of AndhraPradesh, the Andhra Pradesh Administrative Tribunal and other Courts and Tribunals at theState level may be treated as one unit of appointment and each Zone may be treated as oneunit of appointment.
Explanation :- 'Zone' for the purpose ofthis Instruction means a 'Zone' specified in the Second Schedule to the Andhra PradeshPublic Employment (Organisation of Local Cadres and regulation of District Recruitment),Order, 1975.
8. Term of Law Officers :- LawOfficers shall ordinarily be appointed for a term of three years. The Law Officers soappointed may be considered for a second term, if the Government are satisfied that he hasproven efficiency, high rate of success and good performance and for a third term inexceptional cases :
Provided that Government Pleaders, AssistantGovernment Pleaders, Public Prosecutors and Additional Public Prosecutors in SubordinateCourts may be considered for appointment for a second term if their performance is verygood and in the case of persons belonging to Scheduled Castes and Scheduled Tribes iftheir performance is satisfactory.
9. Termination of Service :-Notwithstanding anything containing in instruction 8, either the Government or the LawOfficer may terminate the engagement with one month's notice :
Provided that the Government may terminate theengagement by paying one month honorarium in lieu of one month's notice.
10. Terms and Conditions of Appointment of LawOfficers in the High Court etc.
(1) (a) All Law Officers in the High Court andother Courts and Tribunals at the State level shall function under the generalsuper-intendence and control of the Advocate-General and shall perform such duties andfunctions as assigned to them by the Advocate-General from time to time.
(b) They shall not appear against or give anyadvice against the interests of the Government or any State Public Sector Undertaking orCompany or any other instrumentality of the Government.
(c) They shall be wholly responsible for ensuringall cases entrusted to them are properly prepared and represented in the Courts.
(2) All Government Pleaders should, with theassistance of the Assistant Government Pleaders attached to them, prepare the requisiteCounter Affidavits in Writ Petitions expeditiously and comprehensively.
(3) Government Pleaders should not delegate anyimportant matters involving State Policy or otherwise important, as also batch cases.
(4) Government Pleaders may, if they so desireconsult the Advocate-General on matters of importance involving difficult questions of Lawand act as per his advice.
(5) Assistant Government Pleaders shall functionunder the control and guidance of the Government Pleader to whom they are attached underthe overall supervision and control of the Advocate-General.
(6) All Assistant Government Pleaders shallattend to such duties and functions as are entrusted by the Government Pleaders to whomthey are attached. They shall regularly attend the Office of the concerned GovernmentPleader. It will be their primary duty to prepare draft Counters in Writ Petitions andother matters and have them finalised by the Government Pleader.
(7) The Law Officers are expected to be alwaysavailable at Hyderabad and they shall not leave the Head Quarters without prior permissionof the Advocate-General and without making adequate alternative arrangements :
(8) All Law Officers should furnish a report tothe Advocate-General even month of the cases disposed of, Counters filed or yet to befiled, new cases filed and necessary ancillary information.
(9) Every Law Officer shall attend the reviewmeetings convened by the Advocate-General without fail along with the necessary material.
11. Interim arrangements:- TheAdvocate-General or District Collectors may make interim arrangements in case of death,resignation, absence, expiry of term of Law Officer or where there is a necessity andurgency and obtain ratification from the Government.
12. Bar to hold Office:- No LawOfficer shall hold an Office either by election or nomination in any local authority orits committee or such other office specified by the Government from time to time.
13. Relinquishment of certain assignments:- A Government Pleader or Assistant Government Pleader, Public Prosecutor or AdditionalPublic Prosecutor before assuming charge as such shall relinquish his assignment, if any,such as Standing Counsel for any Statutory Corporation, Local authority or University orany other institution as well as Notary.
14. Restriction on Private Practice :-No Law Officer shall appear in any court or Tribunal against the State of Andhra Pradesh,Local Authorities, State Public Undertakings, Universities and other institutions owned orcontrolled by the Government.
15. Control :- Subject to the overallcontrol of the Government, all the Law Officers shall function under the direct control ofthe Advocate-General or other concerned functionaries.
16. Self-appraisal Report :- (1) EveryLaw Officer shall submit a quarterly self-appraisal report before the first Saturday ofevery succeeding quarter indicating that the number of cases pending at the beginning ofthe quarter, cases instituted during the quarter, disposed of during the quarter andpending at the end of the quarter to the Government in the concerned AdministrativeDepartment or to the District Collector concerned, as the case may be and to Government inLaw Department.
(2) The report so forwarded shall also containthe number of main cases, inter-locutory applications, Miscellaneous Cases disposed of anda specific mention about the matters in which Government have succeeded or failed and thereasons for the failure and the steps taken or to be taken in case of failure and alsoindicate any deficiency in the assistance to the Law Officer by the concerned department /Institution or as the case may be, the authorities.
17. Review of Performance :- (1) Theperformance of the Law Officers in the High Court and other Courts and Tribunals at theState Level shall be reviewed by a Committee headed by the Advocate-General with the LawSecretary (Legal Affairs), concerned Secretary of the Administrative Department andconcerned Head of the Department as members once in every three months. The reviewcommittee may meet three as and when convened by the Advocate-General.
(2) The District Collector shall review theperformance of the Law Officers in the District once in two months and send his report tothe Law Department in the Secretariat for necessary action.
(3) Every Law Officer should attend the reviewmeetings with all necessary materials.
18. Retainer Fee :- Retainer fee shallbe paid to the following Law Officers as shown against each :-
(1) Public Prosecutor in the High Court shall bepaid retainer fee of Rs.1,250/- (Rupees One thousand two hundred and fifty only) permonth.
(2) Additional Public Prosecutor in the HighCourt shall be paid retainer fee of Rs.1,000/- (Rupees One thousand only) per month.
19. Honorarium :- (1) (a) TheGovernment Pleaders appointed in the High Court of Andhra Pradesh, Andhra PradeshAdministrative Tribunal, Special Court established under the Andhra Pradesh Land Grabbing(Prohibition) Act, 1982 and Andhra Pradesh State Consumer Redressal Commission or in anyother State Level Court or Tribunal shall be paid a consolidated honorarium of Rs.20,000/-(Rupees Twenty thousand only) i.e, Rs.16,000/- as honorarium and Rs.4,000/- as conveyanceallowance per month.
Assistant Government Pleaders appointed to assistthe above Government Pleaders shall be paid a consolidated honorarium of Rs.7,000/-(Rupees Seven thousand only)) i.e., Rs.5,000/- as honorarium and Rs.2,000/- as conveyanceallowance per month.
(c) Honorarium on Criminal side shall be paid asper the following rates and it shall be shared by the Public Prosecutor and AdditionalPublic Prosecutors in such ratio as may be determined by the Government from time to time.
referred trial Rs.1,000/- (Rupees One thousandonly) per case.
Criminal Appeal - Rs.400/- (Rupees Four hundredonly) per case.
Criminal Revision s.200/- (Rupees Two hundredonly) per case.
Criminal Miscellaneous petition Rs.150/- (RupeesOne hundred and fifty only) per case.
(d) The Public Prosecutor and the AdditionalPublic Prosecutors shall each be paid a conveyance allowance of Rs.3,500/- (Rupees threethousand five hundred only) per month.
(2) The Special Counsel for the Governmentappointed in the Central Administrative Tribunal, Hyderabad Bench, shall be paid aconsolidated honorarium of Rs.10,000/- (Rupees Ten thousand only) per month.
(3) (a) Government Pleaders appointed in theDistrict Courts, Special
Government Pleaders and Additional GovernmentPleaders other than those engaged in individual cases shall be paid a consolidatedhonorarium of Rs.10,000/- (Rupees Ten thousand only) per month.
(b) Assistant Government Pleaders appointed inthe Senior Civil Judges Court shall be paid a Consolidated honorarium of Rs.6,000/-(Rupees Six thousand only) per month.
(c) Assistant Government Pleaders appointed inthe Junior Civil Judges Court shall be paid a consolidated honorarium of Rs.3,000/-(Rupees Three thousand only) per month.
(d) Special Counsel engaged in individual casesshall be paid fee as per Advocates Fees Rules or as otherwise agreed.
(e) Public Prosecutors in District and SessionsCourts shall be paid a consolidated honorarium of Rs.8,000/- (Rupees Eight Thousand only)per month.
(f) Additional Public Prosecutors in theAdditional / District and Sessions Courts shall be paid a consolidated honorarium ofRs.7,000/- (Rupees Seven thousand only) per month.
(g) Additional Public Prosecutors in AssistantSessions Courts shall be paid a consolidated honorarium of rs.4,000/- (Rupees Fourthousand only) per month.
(h) Special Public Prosecutors appointed inindividual cases shall be paid honorarium at rate of Rs.100/- (Rupees one hundred only)per appearance per day.
(i) Special Public Prosecutor appointed for allthe cases in different courts shall be paid honorarium on par with the correspondingregular prosecutor.
(j) Assistant Government Pleaders appointed inthe Labour Courts shall be paid a consolidated honorarium of Rs.3,000/- (Rupees ThreeThousand only) per month.
20. Allowances:- Law Officersattending the Government work before the courts at other stations shall be paid TravelingAllowance and Daily Allowance on par with Grade-II Officers.
21. Bar to claim Additional Honorarium:- Any Law Officer who is paid consolidated monthly honorarium shall not be eligible toclaim additional honorarium for discharging his duties in different courts or inarbitration cases.
22. Liaison work and Assistance :- (1)Each Secretariat Department and each Head of Department shall designate a Senior Officernot below the rank of a Joint Secretary / Deputy Secretary or Joint Director respectivelyto act as a liaison officer with the Advocate-General, Additional Advocates-General,Government Pleaders and other Law Officers.
(2) Each Secretariat Department and each Head ofDepartment shall designate a Section Officer / Superintendent as in-charge of legal andcourt matters and that Section Officer / Superintendent shall regularly attend the HighCourt and Andhra Pradesh Administrative Tribunal and other Courts for assisting the LawOfficers concerned for representing before the courts and for obtaining and implementingthe instructions of the Law Officer concerned regarding action to be taken in respect ofsuch cases from time to time.
(3) In every Government Office in the State, anOfficer should be designated as in charge of and responsible for all Legal and Courtmatters. Such Officer should attend the Courts and be in touch with the Law Officersconcerned whenever required and provide all assistance and information to the Law Officersrequired from time to time.
(4) The Government Pleaders and AssistantGovernment Pleaders in the Subordinate Courts may be provided the assistance of aStenographer / Typist by the concerned Government Office in respect of the Governmentcases whenever required.
23. Validity of certain acts:-Consequent upon the supersession of the Executive Instructions issued in G.O.Ms.No. 118,Law, dated : 28-06-1999.
the Law Officers existing on the date of issue ofthese instructions shall be continued until expiry of their term; and
the panels of advocates sent under the saidinstructions for the appointment of Law Officers and are pending consideration of theGovernment as on the date of issue of these instructions shall be valid and deemed to havebeen sent under the provisions of these instructions.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH)
Secretary to Government, Legal Affairs.
The Advocate-General, A.P., Hyderabad.
The Addl. Advocates-General, A.P., Hyderabad.
The Administrator, Govt. Pleaders' Office, H.C. of A.P.,Hyderabad.
The Public Prosecutor, High Court of A.P., Hyderabad.
The Registrar, High Court of A.P., Hyderabad.
The Registrar, A.P.A.P., Hyderabad.
he Registrar, Special Court established under A.P. Land Grabbing(Prohibition) Act, Hyderabad.
The Registrar, A.P. State Consumer Disputes Redressal Commission,A.P., Hyd. The Director of Printing & Stationery, Hyderabad for Publication in anextra-ordinary issue of A.P. Gazette.
The Director of Information & Public Relations, Hyderabad.
All District Collectors.
All District & Sessions Judges.
All Heads of Departments.
All Departments of Secretariat.
All Secretaries to Government.
The Accountant General, A.P., Hyderabad.
The P.A.P., A.P., Hyderabad.
All District Treasury Officers.
All the Managing Directors of State Public Undertakings and StateInstrumentalities.
All the Registrars of Universities in the State.
All the Commissioners of Municipal Corporations andMunicipalities.
Copy to Secretary to Hon'ble Cl.M.
" Asst. Secretary to Hon'ble C.M.
" P.S. to Secretary, Legal Affairs.
" P.S. to Secretary, Legislative Affairs.
" Law (M)/(N)/A/C Departments.
" S/F and S/C.
//Forwarded // By Order//