Chapter XII Chapter XII

Miscellaneous

1. (1) Every District Government Pleader, Additional Government Pleader, Assistant Government Pleader, Assistant Public Prosecutor-cum-Assistant Government Pleader shall maintain a register of cases entrusted to him in the prescribed form, and shall keep the register up-to-date. Whenever another officer is appointed in his place he shall hand over the Register along with all the records relating to pending and disposed of cases, to his successor.
2. (2) Every Government Pleader shall send, in the respect of cases before the District and Sessions Court to the Law Secretary, and to the Director of Prosecutions and Government Litigation in respect of cases pending in a Court of Civil Judge (Junior Division), in the first week of January, April, July and October of each year, a list of cases he is authorized to conduct in the prescribed form and shall also send a copy of the quarterly returns to the Deputy Commissioner concerned.
3. (3) Every Government Pleader shall also send to the Deputy Commissioner concerned by the third of every month a list of.-
   • (a) execution cases which are pending against the State indicating the name of the officer or authority who has to comply with the decree; and
   • (b) cases pending in his Court wherein progress, including preparation of pleadings and conduct of evidence, cannot be made for want of instructions and assistance from any of the officers or authorities in the district. The nature of the instructions and assistance required may be indicated therein.
4. (4) Every Government Pleader, if circumstances requires shall, personally meet the concerned Deputy Commissioner and draw his attention to the difficulties experienced in the conduct of litigation.

1. (1) It shall be the duty of every Deputy Commissioner to keep effective control and watch over the Government Litigation relating to his district irrespective of the department to which it belongs. He shall cause to be maintained individual files in respect of every such case and make necessary arrangements to watch the progress of each such case by entrusting the work to a senior officer of his department.
2. (2) The Deputy Commissioner shall personally supervise the progress made in every case at least once in a month to ensure that the cases are conducted effectively and that all material documents and information are being supplied to the Law Officer.
3. (3) On receipt of the information from the District Government Pleaders, Additional District Government Pleaders and Assistant Government Pleaders under sub-section (2), about the difficulties experienced by them in the conduct of Government Litigation either in preparing the pleading or in making further progress in the case, the Deputy Commissioner shall make necessary arrangements to ensure that the Government Pleaders get necessary instructions from the concerned officers and direct the concerned officers of other departments give all necessary assistance to the Government Pleader.
4. (4) On receipt of the information on the pending execution cases, the Deputy Commissioner shall immediately,-
   • (a) make every necessary effort to ensure that Court decrees are complied with and avoid unnecessary embarrassment of having movables of the Government Offices attached and sold in auction; and
   • (b) inform the Head of the Department concerned about the decree requesting him to take steps to satisfy the decree.

It shall be the duty of every head of the Department:

1. (a) to keep effective watch and control over the Government Litigation relating to his department;
2. (b) to maintain individual files in respect of every case relating to his department and make necessary arrangements to watch the progress of every case by entrusting such work to an officer of fairly senior cadre;
3. (c) to personally supervise the progress made in each case at least once in a month; and
4. (d) to ensure that all necessary documents and information are given to the Law Secretary, the Law Officer and the Prosecuting Officer.

The Government may, from time to time issue general or special instructions in the matter of conduct of litigation on behalf of the Government or its officers acting in their official capacity and such directions shall have effect as if they are part of these provisions of the Act.

The Nodal Officer appointed by the concerned department shall perform such duties and functions as may be prescribed.

The Government may, constitute a committee called the State Level Committee under the Chairmanship of a person nominated by the Government.

District Level Committee The Government may, constitute a committee called the District Level Committee under the Chairmanship of a person nominated by the Government.

Functions of the State and District Level Committee The State Level Committee and the District Level Committee shall in consultation with the department concerned, and the concerned Government Advocate monitor the stand of the Government in each case and shall verify the written arguments and shall suggest modifications if any.

Uploading of Court Cases Each Department of the Secretariat, the Heads of the Departments, State Government Boards, Corporations, Authorities, Autonomous Institutions, concerned Government Officers, the Deputy Commissioners, Chief Executive Officers of the Zilla Panchayat, Superintendent of Police of the district shall use the Court Case Monitoring System [CCMS] as developed by the State Government for tracking, follow-up and timely action on each case in Hon’ble High Court, Hon’ble Karnataka State Administrative Tribunal and Hon’ble Supreme Court.

Without prejudice to the foregoing provisions, the Government may prescribe by rules the duties and responsibilities of AG/AAG/HGA/AGA/Government Advocate.

1. (1) The State Government may, by notification, subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or to be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything done under that rule.

The rules, orders, Notifications, Circulars, etc., issued prior to the commencement of this Act shall be deemed to have been issued under this Act.