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                                  ADVOCATE GENERAL: SHRI R M KADAM

                                  ASSOCIATE ADOVCATE GENERAL:

1. Appointment:-
The Advocate-General shall be appointed in accordance with article 165 of the Constitution and shall hold office during the pleasure of the Government of Maharashtra.

2. Duties:-

(1) As an adviser to Government :-
(a) The Advocate-General shall advise the Government upon such legal matters, including propositions of legislation, on which he may be consulted and perform such other duties of a legal character as may from time to time be specified in these rules or as may from time to time be referred to or assigned to him by the Remembrancer of Legal Affairs
(b) He shall also advise the Government in respect of proceedings, whether civil or criminal, which he may be required to conduct on behalf of the State or its officers.

(2) As an adviser to officers :-
(a) The Advocate-General shall adviser the following officers when consulted by them directly on any matters, namely: -
(i) The Remembrancer of Legal Affairs and Secretary to Government in the Law and Judiciary Department;
(ii) The Government Pleader and Public Prosecutor, High Court at Bombay,
(iii) The Government Pleader, High Court (Original Side) at Bombay;
(iv) The Additional Government Pleader, High Court (Appellate Side) at Bombay;
(v) The Government Pleader and Public Prosecutor, High Court at Nagpur;
(vi) The Government Pleader ad Public Prosecutor, High Court at Aurangabad;
(vii) The Solicitor to Government in the Law and Judiciary Department;
(viii) All heads of the Mantralaya Departments of the Government;
(b) He shall ordinarily entertain the references from the Mantralaya Departments through the Remembrancer of Legal Affairs;
(c) He shall supply to the Remembrancer of Legal Affairs copies of the opinions or advice (except in secret cases, in which the Remembrancer of Legal Affairs has not previously been consulted) given by him directly to any other department of Government along with the notes containing the points of reference made to him.

(3) Statutory Duties :-
The Advocate-General shall discharge such functions and perform such duties as are imposed on him by or under the Constitution or imposed upon him by any law for the time being in force.

(4) To attend meetings of the Legislature and Committees thereof:-
The Advocate-General shall attend the meetings of the Maharashtra Legislative Assembly and the Maharashtra Legislative Council and of the Committees of these Houses, when so required by the Government.

(5) Duties as an Advocate :-
It shall be the duty of the Advocate-General:-
(a) To represent the State in such cases, whether civil or criminal, filed on the Original and Appellate Sides of the High Court and in the appeals filed therefrom to the Supreme Court, in which he is required to do so by the Government and when the Remembrancer of Legal Affairs so instructs him;
(b) to a ppear on the Original Side of the High Court in any suit or proceeding in which the Government may require his services and the Remembrancer of Legal Affairs so instructs him, whoever the nominal party on whose behalf he is called upon to appear,may be;
(c) (i) to appear on behalf of the State or its officers in writ petitions whether civil or criminal, filed in the High Court at Bombay, Nagpur or Aurangabad, whenever he is called upon to appear by the Government and the Remembrancer of Legal Affairs so instructs him;
(ii) to appear on behalf of the State or its officers in writ petitions filed in the High Courts of other States and in the Supreme Court, whenever he is called upon to appear by the Government and the Remembrancer of Legal Affairs so instructs him;
(d) to appear on behalf of the State, if required by the Government and the Remembrancer of Legal Affairs so instructs him, in any case, whether civil or criminal, transferred to the High Court under article 228 of the Constitution;
(e) to appear on behalf of the State or its officers, if required by the Government and the Remembrancer of Legal Affairs so instructs him, in any original case, whether civil or criminal, which the High Court transfers from any other court in the State, for trial before itself;
(f) to appear on behalf of the State or its officers, if required by the Government and the Remembrancer of Legal Affairs so instructs him, in an appeal to the High Court under the Letters Patent against the judgement of any Judge of the High Court exercising jurisdiction on the Original Side or on the Appellate Side;
(g) to appear on behalf of the State, if required by the Government and the Remembrancer of Legal Affairs so instructs him, in any proceeding before any Special Bench of the High Court constituted under any law for the time being in force;
(h) to appear on behalf of the State or its officers, if required by the Government and the Remembrancer of Legal Affairs so instructs him, in any case, whether civil or criminal, which comes before the High Court with reference to any decision, order or proceeding of a subordinate court in Greater Bombay or in the mofussil;
(i) to appear on behalf of the State or its officers, if required by the Government and the Remembrancer of Legal Affairs so instructs him, in any other proceedings, whether civil or criminal, in the Supreme Court or any other High Court in the territory of India;
(j) to appear in any case, whether civil or criminal, in pursuance of a notice served on him either by the High Court or the Supreme Court or he himself has applied to the said Courts for being heard. In such cases, he shall report the matter immediately to the Remembrancer of Legal Affairs for instructions to appear;
(k) to appear in any case, whether civil or criminal, in which the High Court or the Supreme Court desires him to appear or expresses its opinion that he ought to appear;
(l) to represent the State in any proceeding before any Tribunal, Authority or Court subordinate to the High Court, if required to do so by the Government and the Remembrancer of Legal Affairs so instructs him;
(m) to settle pleadings, affidavits, statements of case or any other document in any proceedings, if required to do so by the Government and the Remembrancer of Legal Affairs so instructs him.

(6) Duties for other Governments :-
The Advocate-General shall perform on behalf of the Central Government and other State Governments, such duties of a legal character as he may be directed to perform by the Government and the Remembrancer of Legal Affairs so instructs him.

(7) General Duties :-
It shall be the duty of the Advocate-General that as soon as any matter, to which State or its officers are parties, is decided by the concerned court:-
(i) to communicate the nature of the decision to Government in the administrative department, with a copy to the Remembrancer of Legal Affairs, giving a brief statement of the grounds on which the decision is based and also to communicate his opinion. If the case is decided against the State or its officers, with reasons on the question of going in appeal to the High Court or the Supreme Court, as the case may be ;-
(ii) to take all necessary steps; if the Government in the Law and Judiciary Department decides to go in appeal to the High Court or the Supreme Court, including drafting of any further petition, affidavit or the statement of case;
(iii) to bring to the notice of the administrative departments and the Remembrancer of Legal Affairs any observation or indication made by the said court regarding the imposition of any tax, cess, levy, penalty, etc. or that any defect or lacuna existing in any enactment, statutory rule, etc. or if the said court has declared any law or statutory rule to be ultra-vires or in which it has observed that the said law or statutory rule has been causing inconvenience or anomaly.

(8) Charge and distribution of briefs:-
(a) The Advocate-general shall exercise overall supervision over the offices of the Government Pleader, High Court (Original Side) and the Additional Government Pleader, High Court (Appellate Side) at Bombay only in so far as the distribution of briefs and conduct of litigation is concerned.
(b) Such distribution of briefs shall be left to the entire discretion and fair judgement of the Advocate-General. He shall, however, distribute the briefs amongst himself, the Government Pleader, High Court (Original Side) and the Additional Government Pleader, High Court (Appellate Side) at Bombay and the Assistant Government Pleaders and Panel Counsel on both the sides and ensure that the distribution of briefs is as far as practicable fair, just and equitable.
(c) Subject to the provisions of the foregoing rules, if he decides that the case involves complicated question of Constitutional Law or question concerning the validity of any statute or statutory rules, he shall appear himself in such cases.

(9)Assistance for conducting cases :-
(a) The Advocate-General shall be entitled to have the assistance of any one Junior Counsel from A or B Panel Counsel or the Assistant Government Pleaders of his choice for conducting the cases filed in the High Court (Original or Appellate Side) at Bombay.
(b) Whenever engagement of A Panel Counsel is necessary, he shall in the first reporting letter to Government in the Law and Judiciary Department, communicate about engagement of such counsel, setting out in brief important points involved in the matter to enable Government in the Law and Judiciary Department to accord necessary sanction.
(c) He shall not, except in special circumstances and except with the prior approval in writing of Government in the Law and Judiciary Department, engage more than one A or B Panel Counsel or engage any of the Government Pleaders or the Additional or the Assistant Government Pleaders in any matter.