ಕರ್ನಾಟಕ ಸರ್ಕಾರಿ ವ್ಯಾಜ್ಯಗಳ ನಿರ್ವಹಣೆ ಅಧಿನಿಯಮ-2023 ರ ಕಲಂ __ ರನ್ವಯ ನಿಯಮಗಳನ್ನು ರಚಿಸುವ ಬಗ್ಗೆ.

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨sÁUÀ – 4 J 16 2024 25 1946) . 552 Part – IV A BENGALURU, SATURDAY, 16, NOVEMBER, 2024(KARTHIKA, 25, SHAKAVARSHA, 1946) No. 552 GOVERNMENT OF KARNATAKA No. LAW-LAM/09/2024 Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, dated:16.11.2024.

NOTIFICATION The draft of the Karnataka Conduct of Government Litigation Rules, 2024 which the Government of Karnataka, proposes to make in exercise of the powers conferred by section 82 of the Karnataka Conduct of Government Litigation Act, 2023 (Karnataka Act 28 of 2023) is hereby published as required by sub-section

(1) of section 82 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that said draft will be taken into consideration after the expiry of fifteen days from the date of its publication in the official Gazette.

Objection and Suggestion, which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections or suggestions may be addressed to the Principal Secretary to Government, Department of Law, Justice and Human Rights, VidhanaSoudha, Dr.

AmbedkarVeedhi, Bengaluru – 560 001.

DRAFT RULES

1. Title and Commencement.- (1) These rules may be called the Karnataka Conduct of Government Litigation Rules, 2024.

(1)2

(2) These rules shall come into force from the date of their final publication in the Official Gazette.

2. Definitions.- (1) In these rules unless the context otherwise requires the following, namely:-

(a) ‘Act’ means the Karnataka Conduct of Government Litigation Act 2023 ( Karnataka Act 28 of 2023); and

(b) ‘Form’ means a form appended to these rules.

(2) Other words and expressions used in these rules and not defined, but defined in the Act shall have the same meaning respectively assigned to them in the Act.

3. Procedure for institution of cases.- (1) An officer of the Government shall submit a detailed report of the facts and circumstances of the case through proper channel to the Government, as under the provisions of section 5 of the Act and directions of the Government.

(2) The Concerned officer shall purse the court cased filed by or against State Government/Government Department/Government Orders/Government Circulars/Government Directions through the Court case Monitoring System (hereinafter referred as CCMS).

(3) The concerned officer shall pursue the court cases through CCMS and prepare the information regarding appointment of Litigation conducting officer and Government Advocate and the same shall be submitted to the Head of Legal Cell within fifteen days.

(4) After appointment of Litigation conducting officer and Government Advocate, the concerned Officer shall prepare the para-wise remarks of the concerned cases with all the records and submit to the Head of Legal Cell within one week. After scrutiny same shall be sent to the Government advocate without delay.

(5) After preparing the pleadings/statement by the Government Advocate the same shall be sent to the Head of Department for approval.

(6) The Litigation conducting Officer shall verify the Statements of Objections submitted by the Government Advocate before the Court.

(7) The Government Advocate shall verify and give opinion on the final orders for implementation, as directed by the Court and a copy of the same shall be uploaded in the CCMS and a physical copy shall be submitted to the Head of Legal Cell, within one week.

(8) The Head of the Legal Cell shall verify and give an opinion on final orders stating that whether the said orders are fit for an appeal or not and if the said order is fit for appeal, the said file is to be forwarded to the concerned Department. If the said order is not fit for appeal, the said opinion shall be submitted to the Law Department for approval, then after receipt of the same from the Law Department,3 the Head of Legal Cell shall forward the same to the Head of the Department for further action.

(9) The Head of the Department, after receipt of the file from the Head of the Legal Cell shall take a decision by holding a meeting as per the circular No. LAW- LAM/123/2022, dated: 06.03.2023 as contemplated under the Karnataka State Dispute Resolution Policy-2021.

(10) The Head of Department shall take action on the opinion of the Head of Legal Cell, according to the relevant provisions with the approval of concerned competent authorities (viz., Department of Personnel and Administrative Reforms or Department of Law or Finance Department) within fifteen days.

(11) After obtaining the approval of the said competent authorities, the concerned Head of Department shall take discretionary action within one week regarding implementation of the court orders or appeal against the court orders.

(12) The Secretary to Government of the concerned Department shall verify the status of court cases through CCMS in every Monthly Program Implementation Calendar (MPIC) Meeting.

4. Contempt of Court cases.- The Head of the Department shall take action regarding contempt of Court cases against the Government in accordance with the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) and directions of the Courts, if any.

5. Appointment of Litigation Conducting Officer.-(1)The appointment of Litigation Conducting Officer shall be done at the level not below the rank of Under Secretary to Government and the proposal shall be sent to the Head of the Legal Cell with approval of the concerned Secretary to Government.

(2) The concerned Secretary to Government, shall issue standing orders on court cases against the Government and the Under Secretary to Government shall be authorized as Litigation Conducting Officer in the district level court cases.

(3) The concerned Litigation Conducting Officer on being informed of any adverse orders, guidelines, remarks, interim orders are passed by the Hon'ble Courts/Tribunals against the State Government by the Law Officer, shall immediately inform the same to the Head of the Department directly in writing.

6. Miscellaneous Provisions.-(1) If the Chief Secretary, Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation is made as one of the respondents by the Petitioner; the concerned Administrative Department shall appoint the Litigation Conducting Officer and shall provide the concerned file and shall provide all the material facts and figures which are necessary to defend the case to the Government Advocate or to the Advocate General's Office.

(2) The concerned Government Advocate shall take steps to amend the cause title of the case, when it is brought to his notice that in that particular case, the Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation is wrongly made as one of the respondents and shall4 intimate the concerned Administrative Department to take necessary steps to defend the case.

(3) The concerned Administrative Department shall defend the case in which the constitutional validity of the Act has been challenged. The responsibility of the Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation is restricted only to the fact that it shall provide the entries and the List under Seventh Schedule to the Constitution of India by invoking which the particular Act has been enacted, to the concerned Government Advocate.

(4) The concerned Administrative Department shall take steps to settle the fees/bills of the Government Advocates under the provisions of the Karnataka Law officer (Appointment and Conditions of Services) Rules, 1977.

(5) The liability of the Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation ceases once it transfers/intimates the filing of a case in the court of law to the concerned Administrative Department. Thereafter it is the responsibility of the concerned Administrative Department to defend the case by taking necessary steps.

(6) When the entire Act or a section or sections of the Act, has been struck down on the ground that it is unconstitutional, it is the responsibility of the concerned Administrative Department to file an appeal against that judgment. If the concerned Administrative Department decides not to file an appeal, then it shall inform the Department of Parliamentary Affairs and Legislation of its decision and shall send a proposal to repeal that Act or section/ sections of that Act which has been struck down by the Court of law.

(7) If any dispute arises as to which is the Administrative Department in a particular case, the decision of the Chief Secretary shall be final.

7. Monitoring of Court cases.-With reference to section, 74 of the Act,

(1) The Monitoring committee shall be constituted at the State level for the purpose of monitoring and supervision of court cases filed against Government in the Supreme Court of High Court or other Courts, consisting with the following members, namely:- 01 The Additional Chief Secretary to Government Ex-officio Chairperson 02 The Principal Secretary to Government Ex-officio Department of Law, Justice and Human Rights Member 03 The Secretary to Government, Department of Ex-officio Personnel and Administrative Reforms Member 04 The Secretary to Government, Department of Ex-officio Personnel and Administrative Reforms Member (Administrative Reforms) Secretary

(2) The Monitoring Committee shall convene monthly meetings in order to implement the directions of the Supreme Court, High Court or Karnataka State Administrative Tribunal or other Courts and Tribunals, regarding concerned cases.5

(3) The concerned Departments shall send the proceedings of the MPIC meeting to the Department of Personnel and Administrative Reforms (Administrative Reforms), with suitable recommendations.

8. Payment for expenses of the Advocate on record or the special counsel.-(1)The amount to be paid to the Advocate on record towards the court fee, process charges, typing and other charges including out of pocket expenses as per Government order No. LAW 45 LAD 2016, Dated: 27.03.2017 and the subsequent Government Orders issued from time to time.

(2) The amount to be paid to the special Counsel towards court fee, process charges, typing and other charges including out of pocket expenses would be as per Government Orders issued from time to time.

9. Entry for deposit of amount.- For the deposit of amount as under section 54 of the Act, shall be made by the concerned Deputy Commissioner or other Officer designated by the Government in Form-A.

10. Maintenance of Registers.-The Deputy Commissioner or Head of Office or the Heads of Departments shall maintain the Register in Form-B for the purpose of sub-section (1) of section 60 of the Act.

11. Maintenance of Registers and furnishing of quarterly reports.- (1) The 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 Form-C for the purpose sub-section (1) of section 72 of the Act.

(2) For the purpose of sub-section (2) of section 72 of the Act, every Government Pleader and other Officers shall make a list of cases in Form-D.

12. Watch and Control to avoid delay.-(1) In order to avoid in implementation of the orders and to monitor the litigation of the State Government, the Head of the Departments shall constitute a wing/section/cell under him to keep effective watch and control over the Government Litigation, for the purpose of

section 74 of the Act.

(2) The Head of the Departments shall hold a review meeting once in a month to supervise the progress of the Government Litigations.

13. Appointment of Nodal Officer.-(1) For the purpose of section 76 of the Act, the concerned Department shall appoint an Officer as Nodal Officer.

(2) The Nodal Officer shall perform the following duties and functions, namely,-

(a) shall supervise the matters pending before the Courts and Tribunals;

(b) shall maintain data in respect of cases pending and disposal;

(c) shall conduct meeting of the Litigation Conducting officers once in three months about progress of the cases; and6

(d) shall report the data of the progress of the cases to the concerned head of the Department in writing within ten days of the meeting. “(e) shall supervise the work of compliance and shall be answerable for the compliance of order passed by High Court.

(f) When the time schedule is specified by the court the same shall be followed. Otherwise, the time limit shall be three months for compliance from the stage of disposal of the case.

(g) Preparation and submission of fortnightly report – shall prepare and submit a fortnightly report about the number of orders already complied, orders which could not be complied along with reasons- it shall be placed before the state level committee and district level committee.

(h) shall take steps for Publication of fortnightly report in the department website.

(i) shall also upload the data of cases where directions given by the court in the department website.

(j) When appeal is not preferred, details of such cases, steps taken to comply with orders and present stage to be uploaded in the website on real time basis.

(k) information in i and j shall be uploaded much before the date fixed by the court by the designated officer.

(3) Procedure for conducting of contempt cases filed against the Government Department and its officers- Department/ officer against whom contempt proceedings are initiated shall take necessary steps to comply with the order; in coordination with the Nodal officer inform the stage of compliance to the state/district level committee. If the committee decides that there is deliberate inaction in complying with the order, it shall report it to the Head of the Department and Chief Secretary.

(4) Initiation of Disciplinary Proceedings against officers who have deliberately not complied with the orders of High Court- If the state or district level committee comes to the conclusion that the officer who is responsible for compliance has deliberately or without justifiable reason has not complied with the order, it may advise the appointing authority to initiate disciplinary proceedings. The nodal officer shall publish the details of the official against whom advisory has been issued for disciplinary action.

(5) The Government may from time to time issue general or special instructions pertaining to a specific case to Nodal officers.”7

14. Constitution of State Level Committee.- For the purpose of section 77 of the Act, the State Government shall constitute a committee consisting of the following members, namely:-

(a) Chief Secretary to Government of Karnataka Ex-officio Chairperson

(b) Additional Chief Secretary/ Principal Secretary Ex-officio to Government, Home Department Member

(c) Additional Chief Secretary/ Principal Secretary to Ex-officio Government, Finance Department Member Secretary

(d) Principal Secretary to Government, Law, Justice Ex-officio and Human Rights Department Member Secretary

(e) Advocate General Government for Karnataka Member

15. Powers and Functions of the State Level Committee.-

(1) The functions of the State Level Committee shall be;

(a) conduct meeting at least once in two months to review the work and functions of Law Officers and issue necessary instructions required from time to time;

(b) Maintain the data with regard to cases pending and disposal before the Hon'ble Supreme Court of India, High Court of Karnataka, Tribunals and other Courts;

(c) Shall report the about the data to the Chief Secretary, Government of Karnataka and Principal Secretary to the Government, Law, Law Justice and Human Rights Department once in three months; and

(d) Shall monitor the report/data submitted by the District Level Committee.

(2) The Powers of the State Level Committee shall be to,

(a) collect the information from the Law Officers about the directions to be complied by the Government as per the order of the Court;

(b) review, whether Appeals are preferred within the specified time on behalf of the Government after receipt of Government Order;

(c) whether Law Officers had discharged their duties in each stage of the proceedings etc;

(d) collect the monthly statement from Law Officers about stages of cases pending, number of witnesses examined by them before the court and number of disposed cases; and

(e) collect information regarding compliance/implementation of Court/Tribunal orders/Judgments.,

(3) Shall monitor the report submitted by the District Level Committee.8

16. Constitution of District Level Committee.-For the purpose of section 78 of the Act, the State Government shall constitute a District level Committee consisting of the following members, namely:

(a) Additional Secretary to Government, Law, Ex-officio Justice and Human Rights Department Chairperson

(b) Deputy Commissioner Ex-officio Member

(c) Superintendent of Police Ex-officio Member

(d) Additional Advocate General (Nominated by Member the Advocate General )

(e) Head of Legal Cell Department of Revenue, Ex-officio Food and Civil Supplies Member Secretary

17. Powers and Functions of the State Level Committee.-(1) The functions of the District Level Committee shall be;

(a) conduct meeting at least once in two months to review the work and functions of Law Officers and issue necessary instructions required from time to time;

(b) maintain the data with regard to cases pending and disposal before the Supreme Court of India, High Court of Karnataka, Tribunals and other Courts; and

(c) shall report the about the data to the State Level Committee once in three months.

(2) The Committee shall have the Power to-

(a) collect the information from the Law Officers about the directions to be complied by the Government as per the order of the Court

(b) review, whether Appeals are preferred, within the specified time on behalf of the Government after receipt of the Government Order

(c) whether Law Officers had discharged their duties in each stage of the proceedings of the cases etc.

(d) collect the monthly statement from the Law Officers about the stages of cases pendingand number of witnesses examined in the cases.

(e) collect information regarding the compliance/ implementation of Court/ Tribunal orders/Judgments.

18. Duties and Responsibilities of Advocate General/Additional Advocate general/ High Court Government Advocate/ High Court Government Pleader/Additional Government Advocates/ District Government Advocate/District Government Pleader/Additional Government Advocate- The duties and responsibility of Law Officers -,

(a) shall represent the Government in the proceedings whether civil, criminal, original, appellate or otherwise before the Supreme Court of9 India or the Karnataka High Court or any other High Court or any Tribunals or any other Courts to which the State Government is a party, as the Government may, by special or general order require;

(b) shall represent the Government in the Supreme Court of India or the Karnataka High Court or any other High Court or any Tribunals or any other Courts as directed or notice is issued in which Advocate General/ Government Advocate appearance is required by the Courts/Tribunal.

(c) after being directed to take notice or after taking notice of the case/petition, the Law Officer shall immediately inform the same to the concerned department and after getting proper information about the case shall submit before the concerned court.

(d) shall not give any information about the case to the concerned court without any information/consent from the concerned department.

(e) after getting the intimation about the filing of any case against the State Government immediate intimation to be given to the concerned department and to the Head of legal cell.

(f) after being authorised to appear in the case and after receipt of draft objections/Para wise remarks, from the concerned Department the statement of objection shall be prepared by including legal aspects pertaining to the case within 7 days and shall immediately submit the same to the concerned Head of the department for approval.

(g) after getting the approval, the same shall be filed before the concerned Court without any delay.

(h) shall conduct the case meticulously and report about the progress of the case to the concerned department from time to time.

(i) if any adverse orders, guidelines, remarks, interim orders are passed by the Courts/Tribunals against the State, the same shall be immediately informed in writing to the concerned Litigation Conducting Officer, Head of the concerned department and Department of Law, Justice and Human Rights.

(j) after disposal of the case, the copies of the order/judgment shall be obtained within the specified time a and along with the reasoned opinion shall submit the same to the Head of the Legal cell.

(k) if the Head of the Department decides to prefer an appeal, the concerned Law Officer shall prepare draft appeal memo, after getting approval of the Head of the Department, the same shall be filed within the period of limitation.10

(l) when any orders are passed in favour of the State Government immediate action shall be taken for filing caveat petition, if required, in co-ordination with Litigation Conducting Officer of the concerned department.

(m) when intimation is received about the filing of caveat petition against the State, the same shall be intimated to the concerned department.

(n) in the matter of the Contempt Petitions/cases, the stages of the said cases shall be regularly intimated to the concerned department through the Litigation Conducting Officer and to the Department of Law, Justice and Human Rights in writing, without any delay.

(o) In any matters when sworn affidavits are required to be filled the concerned Law Officer shall prepare the same by collecting necessary information from the Litigation Conducting Officer of the concerned Department within the specified time and after approval, shall get it sworn and shall immediately file before the concerned court.

(p) Any other matters as directed by the Department of Law, Justice and Human Rights shall be attended without any delay and latches.

FORM-A (See Section 54) (See Rule –9) Sl. Name of No. and Date of Date Date on Judgement Amount due No. the year of reference of which the debtor/respondent to/by courtwhich Petition or award period Govt.

passed the appeal or oflimitation Name and address award application expires 1 2 3 4 5 6 7 8 Steps taken for Recoveries/payment Date of credit to Remarks recovery/ payment effected with date Treasury/ Nature of steps petitioner/claimant taken with date 9 10 11 1211 FORM-B (See Section 60(1)) (See Rule – 10) Sl. Name of the No. and year Date of Date on Judgement Particula Amount No court which of suit or decree/aw which the debtor/respo rs of due to . passed the appeal or ard period of ndent decree/a Govt.

decree/awa application limitation ward rd or Petition expires Name and address 1 2 3 4 5 6 7 8 Steps taken for Recoveries effected Date of credit to Remarks recovery and with date Treasury Nature of steps taken with date 9 10 11 12 FORM-C (See Section 72(1)) (See Rule-11(1)) Name of the District/Additional Govt. Pleader:---------------------

Place: ------------------------------- Sl. Suit/Appeal/ Date of Date Name of the parties Name Nature of No. LAC/Petition entrustme of Plaintiff/ Defendant/ of the the claim/ / nt of case institutio Appellant/ Respondent Court relief Application/ n Claimant/ Misc.No. petitioner 1 2 3 4 5 6 7 8 Result & Date on Date on which Appeal/Revie ContemptP Remarks date of which proposal /opinion for w/ etition/Exe judgement copies of appeal or Revision cution & judgement otherwise is Number, if petition decree/order/ & sent to the preferred number, if award decree/order/awar Director of the filed d Prosecutions/Head of obtained the Legal Cell of from the concerned department court/Tribunal 9 10 11 12 13 14R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 12 FORM-D Quarterly Report) (See Section 72(2)) (See Rule-11(2)) Sl.N Case Authorizati Name of Nature of Stage of Presentsta Whether Remarks o. No. on/ the reliefsoug the case ge of case. anyinterim including Governmen parties ht in the orders are difficulties t Order previous passed experienced in No. and report against the making further date State and progress (including still of the case.

special pending if counsel, if so why? service taken) 1 2 3 4 5 6 7 8 9 By Order and in the name of the Governor of Karnataka (K.L. ASHOK) Principal Secretary to Government, Department of Law, Justice and Human Rights ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು