(1) All Administrative Departments shall consult the 3[2[1[Department of Law]1]2]3 on-
(a) the construction of statutes, Acts, regulations and statutory rules, orders and notifications;
(b) any general legal principles arising out of any case;
and
(c) the institution or withdrawal of any prosecution at the instance of any Administrative Department.
(2) 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 3[2[1[Department of Law]1]2]3 is desired.
1. Inserted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD Ex. dt:24.1.96.
2. Substituted by Notification No: DCA 3 ARB 2006, dt. 05.09.2006 KGD Ex.
dt:05.09.2006
3. Substituted by Notification No: DCA 12 ARB 2014, dt. 21.10.2014 KGD Ex.
dt:21.10.2014
63. In respect of cases referred to the 3[2[1[Department of Law]1]2]3 under 1[Rule 62]1 the Administrative Department shall take action in accordance with the legal advice of the 3[2[1[Department of Law]1]2]3 But the Administrative Department 40 may refer a case to the 3[2[1[Department of Law]1]2]3 for reconsideration of its opinion in the light of the new points brought to notice.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD Ex.
dt:24.1.96.
2. Substituted by Notification No: DCA 3 ARB 2006, dt. 05.09.2006 KGD Ex.
dt:14.09.2006
3. Substituted by Notification No: DCA 12 ARB 2014, dt. 21.10.2014 Ex.
dt:21.10.2014
64. All orders sanctioning the defence, at the public expense, of suits or proceedings brought against Government Servants for acts done in their official capacity shall be issued in the 1[Legal cells of the Administrative Department]1. The Department to which the officer belongs shall always see the case before issue.
1. Substituted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 KGD Ex. dt:
29.8.2000
65. All cases in which the Advocate-General or the 4[Additional Advocate-General]4 has expressed opinions on questions of law shall be sent to the 3[2[1[Department of Law]1]2]3 for perusal and return, and if in any case the file itself cannot conveniently be sent, a copy of the opinion recorded therein shall be sent.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD Ex. dt.24.1.96
2. Substituted by Notification No: DCA 3 ARB 2006, dt.05.09.2006 KGD Ex.
dt.04.09.2006
3. Substituted by Notification No:DCA 12 ARB 2014,dt:21.11.2014 KGD Ex.
dt.21.10.2014
4. Substituted by Notification No:DPAR 15 ARB 2018, dt:21.11.2019 KGD Ex.
dt.21.11.2019 1[65A. It shall be the duty of the Law Department to review, at least once in a month, the pending Government litigation. For this purpose, the Secretary to Government, Law Department, shall hold monthly meetings with all the heads of legal cells and the Law Officers of the Office of the Advocate General. The Secretary 41 to Government. Law Department shall report the result of such review to the Chief Secretary in a proforma specified by that department in this behalf.]1
1. Inserted by Notification No: DCA 20 ARB 96, dt. 23.8.2000 KGD Ex. dt:
29.8.2000 E. Land Acquisition
66. All cases relating to acquisition of land under 1[the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013]1(hereinafter referred to as the said Act) for any Department of Government shall be dealt within the Revenue Department; but all administrative decisions connected with the acquisition shall be taken in the Administrative Department concerned in the Secretariat, under orders of the Minister-in-charge.
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019
67. The selection of the land to be acquired is purely an administrative decision, and if the records received in the Revenue Department of the Secretariat involve decision at Government Level regarding the selection of the land, the papers should be transferred to the Administrative Department concerned in the Secretariat for obtaining the orders of the Minister-in-charge regarding the selection of the land and returning the papers to the Revenue Department for further action. Correspondence regarding selection of the land will be between the Head of the Department concerned and the Secretariat Department concerned and the Deputy Commissioner would normally be addressed for starting acquisition proceedings only after a final decision regarding the selection of the land is taken. When proposals are received in the Revenue Department for acquisition of land selected in consultation with the Administrative Department. 1[The Revenue Department shall issue notification under section 10A of the said Act exempting the projects where the social impact assessment is not necessary and in such cases the permission for 42 issue of the Notification under section 11 of the said Act shall be issued by the Revenue Department without any further consultation with the Administrative Department of the Secretariat.
Provided that in cases where exemption under section 10A is not issued, the Revenue Department shall ensure that social impact assessment is completed by the Deputy Commissioner within six months.] 1
1. Substituted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019 1[67A. In cases where Social Impact Assessment is necessary and where a preliminary notification under Section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings under section 11.
Provided that the Revenue Department, shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same.
Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.] 1
1. Inserted by Notification No: DPAR 15 ARB 2018, dt. 21.11.2019. KGD Ex.
dt.21.11.2019
68. Where, however, the final selection of land to be acquired is still in dispute and there is no final decision at the Level of Government or where it is proposed to modify the acquisition proposals in the light of the objections preferred before the issue of Preliminary Notification such cases shall be transferred by the Revenue Department to the Administrative Department concerned in the Secretariat for obtaining orders of the Minister-in-charge regarding final selection of the lands. On the basis of such decision conveyed by the Administrative 43 Department concerned in the Secretariat, further action to issue Preliminary Notification in accordance with such decision will be taken by the Revenue Department.