(a) On Behalf of Central Government: - In respect of matters arising in Designation of the Civil law officers (Advisers)
(i) In the high Court of Karnataka Additional Legal Advisor, the subordinate courts of Bangalore Branch Secretariat, Banglore.
City.
(ii) In the High Courts of Maharashtra, Joint Secretary and Legal Gujarat, Goa and subordinate courts Advisor, Branch Secretariate, In Bombay (in which Central Bombay Government is a party or otherwise Interested).
(iii) In the High Courts of Calcutta, Joint Secretary and Legal Gauhati, Patna, Orissa and Sikkim, Advisor, Branch Calcutta.
Cases of the Central Government In the city Civil Court, small causes Court, Bank shall courts at Calcutta And Alipore courts (civil and Criminal) as well as other District Courts.
(iv) In the High Courts of Andhra Deputy Legal Advisor, Kerala and Tamil Nadu (cases Branch Secretariat, Madras.
of the Central Government).
(v) In the Supreme Court, High Joint Secretary and Legal Courts of Delhi, Allahabad Advisor, Main Secretariat, (including Lucknow bench), New Delhi.
Madhya Pradesh, Punjab, Haryana and Rajasthan.
(b) In Respect of Matters Other Than Those Mentioned at (a) Above: - In respect of matters arising in Designation of the Civil Law Officers (Advisers).
(i) Andaman & Nicobar Islands Chief Secretary, Andaman & Nicobar Islands, Port Blair,
(ii) Andhra Pradesh Secretary, Law Department, Government of Andhra Pradesh, Hyderabad (AP).
(iii) Arunachal Pradesh The Secretary (Law & Judicial) Arunachal Pradesh Administration Shillong.
(iv) Assam Secretary, Law Department, Government of Assam, Dispur, Gauhati-6.
(v) Bihar Secretary to the Government of Bihar Law Department, Patna.
(vi) Chandigarh The Legal Remembrancer, Union Territory Administration, Chandigarh.
(vii) Dadra & Nagar Haveli Chief Secretary, Dadra & Nagar Haveli, Silvassa (Via Vapi Distt) Dist. Surat.
(viii) Delhi Chief Secretary, Delhi Administration, Delhi – 110006.
(ix) Goa, Daman, Diu Chief Secretary, Goa Daman, Diu, Panaji.
(x) Gujarat Secretary to the Government of Gujarat, Legal Department, Gandhinagar.
(xi) Haryana Secretary to the Government of Haryana, Law Department, Chandigarh.
(xii) Himachal Pradesh Secretary to the Government of Himachal Pradesh, Law Department, Shimla.
(xiii) Jammu & Kashmir Secretary to the Government of Jammu & Kashmir, Law Department, Jammu/Srinagar.
(xiv) Karnataka Secretary to the Government of Karnataka, Law & Parliamentary Affairs, Bangalore.
(xv) Kerala Secretary to the Government of Kerala, Law Department, Trivandrum.
(xvi) Lakshadweep Chief Secretary, Lakshadweep, Kavaratti.
(xvii) Madhya Pradesh Secretary to the Government of Madhya Pradesh, Law Department, Bhopal (MP).
(xviii) Maharashtra Secretary to the Government of Maharashtra, Law & Judicial Department, Bombay.
(xix) Manipur Chief Secretary to the Government of Manipur, Imphal.
(xx) Meghalaya Secretary to the Government of Meghalaya, Law Department, Shillong.
(xxi) Mizoram Chief Secretary, Union Territory of Mizoram, Aaizwal.
(xxii) Nagaland Secretary to the Government of Nagaland, Law Department, Kohima.
(xxiii) Orissa Secretary to the Government of Orissa, Law Department, Bhubaneswar.
(xxiv) Pondicherry Chief Secretary, Government of Pondicherry, Law & Labour Department, Pondicherry.
(xxv) Punjab The Legal Remembrancer and Secretary to the Government of Punjab, Legislative Department, Chandigarh.
(xxvi) Rajasthan Secretary to the Government of Rajasthan, Law Department, Jaipur.
(xxvii) Sikkim Secretary to the Government of Sikkim, Legal Department, Gangtok.
(xxviii)Tamil Nadu Secretary to the Government of Tamil Nadu, Law Department, Madras.
(xxix) Tripura Secretary to the Government of Tripura, Agartala.
(xxx) Uttar Pradesh Secretary to the Government of Uttar Pradesh, Law Department, Lucknow.
(xxxi) West Bengal Secretary to the Government of West Bengal, Legislative Department, Calcutta.
3312. Institution of Civil Suit. (1) No legal proceedings shall be undertaken on behalf of the Government without the sanction of the Chief of the Naval Staff or the Administrative Authorities who may, on the advice of the proper Government Law officers sanction filing or defending civil suits or appeals. The conduct of the case will rest with the Government Law officer, is available, the payment of his fees and other expenses in connection with counsel and witnesses being san ctioned by the chief of the Naval Staff or Administrative Authorities at the rates and under the conditions obtaining in the locality under the civil rules of the state concerned.
Otherwise the employment of a selected private practitioner may be sanctioned b y the Chief of the naval Staff or the Administrative Authority who may fix the fees in consultation with the Government Law officer, subject to such restrictions regarding the maximum amounts payable to counsel as are laid down by the Central Government from time to time. Claims for expenses in connection with counsel and witnesses will be accompanied by a certificate from the legal remembrancer that they are reasonable. No suit by or against the Central Government in respect of contracts relating to military land shall be filed or defended without the prior sanction of the Central Government.
(2) A List of Government officers who may be consulted is given in regulation
331. The procedure with regard to consulting those officers is governed by the rules on the subject framed by the Central Government or local Government as applicable, In case of matters coming within regulation 3311 (b) the local Government will be that in whose jurisdiction the area of the Administrative Authority concerned is situated. In the case of a Naval Area which is situated within the jurisdiction of more than one state law officer of the state in which the case originated or is intended to be filed should be consulted.
(3) When an officer receives intimation that a civil suit has been or is likely to be instituted against the Government or a public servant in his official capacity, he will report the circumstances to the Administrative Authority in order to avoid exparte decree being made against the Government. In this connection it should be remembered that the Code of Civil Procedure Section 80, requires two months notice of such a suit to be given before a valid suit can be instituted.
(4) To enable the Administrative Authority to decide on the advisability of instituting legal proceedings, the officer immediately concerned will prepare memorandum explaining the necessity for the suit and including a statement of the claim, that will show the subject of the claim, its amount when it accured, steps taken to obtain satisfaction, pleas urged by the defence and the answers of such pleas.
Copies of all important documents (with translations where necessary) will accompany the memorandum.
(5) If it is desired to institute a civil suit for the recovery of monies due to Government, the officer immediately concerned will ascertain from the civil officer of the district in which the defendant lives whether the sum could be paid by the latter. If the civil officer reports that the defendant is in a position to satisfy a decree for the amount claimed, application for sanction will be made to the Administrative Authority concerned.
(6) When sanction is accorded to the defence or prosecution of civil suits in which a public servant in his official capacity is implicated, the fees of one counsel will be allowed.
(7) Rules regarding the procedure in connection with suits by or against sailors are contained in the first schedule to the Code of Civil Procedure 1908 Order V, Rules 28 and 29 and Order XXVIII, Rules 1 to 3.
CHAPTER 34 OFFICIAL SECRETS AND PUBLICITY