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FUNCTIONS
A. HOW IT WORKS
In order to regulate speedy, effective and efficient system of
work in the Department, all the works have been allotted into
seven Desks:-
1. L.R’s (Legal Remembrancer’s) Desk
This desk exclusively deals with all court cases involving
interest of the State Government right from the lowest grade of
court to the highest. Engagement of lawyers, vetting of drafts
prepared by the lawyers, examination of the proposals to file
appeals, revisions including appeal against acquittal are the
main functions of this desk. This apart, the fixation and review
of the fees-structure of the government retained lawyers is also
initiated from this desk.
2. L.A.(Legal Affairs) Desk
This desk handles all files relating to legal opinion received
from all the departments, corporations and other public sector
undertakings. Besides, recommendations of various commissions,
committees and authorities are examined for formulating views
and advising Government.
3. Leg (Legislative) Desk
All proposals for drafting of any Bill, Ordinance and vetting
rules, notifications, regulations are handled by this desk. It
monitors passage of every Bill and Ordinance including
introduction, printing, proof reading, obtaining assent of the
Governor and making reference to the Central Government for
President’s assent.
4. P.A (Parliamentary Affairs) Desk
Being the Administrative Department of the Legislative Assembly,
the Law (Parliamentary Affairs) Department deals with all
matters including appointment of officers, creation of posts,
summoning and proroguing the House, initiating business for
consideration of the BAC and other related matters.
5. Establishment Desk
The desk looks after all matters relating to the High Court,
State Judiciary, Tribunals, Commissions and legal agencies.
Establishment of courts, creation of infrastructure, setting up
of Tribunals and Commissions and appointment of Notaries are
some of the important functions of this desk.
6. Accounts Desk
The budget of the State Judiciary, Legal Remembrancer’s
establishment, payment of fees of the retained and panel lawyers
are the main functions of this desk.
7. Library Desk
Law Department has large number of law books in two Libraries;
one is in the department and another in the office of the
Advocate General at Agartala. Proposals for purchasing law books
for the department’s library, library of the Advocate General
and other retained lawyers are processed by this desk. Updating
and up
keeping the library are its main function. Central Acts, Rules
and Ordinances are republished from this desk.
Internal Work System
Every desk contains 2 to 5 ministerial staff (Desk Person). One
officer has been allotted one or more desks. He is called ‘Desk
Officer’.
Duty Chart of each desk and its Desk Persons has been defined by
Office Orders. Files from other departments seeking legal
opinion, relating to court cases and other matters are received
by this department. To ensure timely disposal of all such files
and papers each officer of the department has been allotted
specific number of departments. It is the duty of each desk to
keep record of the files and papers allotted to it and put up
before the officer who is in-charge of the department to whom
the files or papers relate or belong. The concerned desk is
responsible to record movement of each and every file and paper
allotted to it from receipt to despatch. Desk Officers are
required to personally supervise day to day works of their desks
and submit weekly reports to the Law Secretary.
Buff File System (BFS) and Out Department Folder System (ODFS)
is in vogue in this department. Only final views are recorded in
out going files and copies of internal noting and final views
are preserved in the ODF of the concerned department. All these
measures have ensured better distribution and speedier disposal
of business.
Public Grievance Cell
There is a Public Grievance Cell in this department. Grievance
against any activity of the department is disposed off within
one month of receipt of such complaint.
Complaint Committee on Sexual Harassment
A six member ‘Complaint Committee on Sexual Harassment’ has been
established in the L.R’s Establishment of this department on
27.11.2004, according to the order of the Hon’ble Apex Court, to
prevent sexual harassment towards the working women in the work
places. The Committee submits report to the Law Secretary after
proper verification, on receipt of any complaint relating to
such matter.
B. LEGAL OPINION
Files received from other departments, Corporate Bodies and
Public Sector undertakings seeking legal opinion from the Law
Department stand cleared within a week. Long pendency factors of
old days have been completely wiped out. A Year wise account of
the number of files disposed off during the last five years is
as follows:-
2003 – 663, 2004 – 692, 2005 – 721, 2006 – 733, 2007 - 621
C. COURT CASE MANAGEMENT – INTRODUCTION OF NEW SYSTEM (WRIT,
CIVIL AND CRIMINAL CASES)
The State Government have engaged (i) one Standing Counsel and
one Additional Standing Counsel in the Supreme Court (ii) one
Standing Counsel in the Central Administrative Tribunal (CAT)
and in the High Court at Guwahati (iii) one Government Advocate,
two Additional Government Advocates, one Public Prosecutor and
one Additional Public Prosecutor in the Agartala Bench of the
Gauhati High Court (iv) Government Pleaders and Public
Prosecutors in all District Head Quarters (v) Additional
Government Pleaders and Additional Public Prosecutors in
Dharmanagar, Kamalpur, Khowai, Sonamura and Belonia where courts
of Additional District & Sessions Judges have been established.
In each criminal court and Executive Magistrate Court one
Assistant Public Prosecutor has been engaged. There are total 71
numbers of retained lawyers in the State except the Advocate
General.
Click here to see the list of retained lawyers and their
telephone numbers.
For effective
defense and management of court cases the following new measures
have been taken:-
i) Engagement of panel lawyers – shortcut procedure.
The old and long procedure for engaging lawyers from panel for
conducting cases has been discontinued and shortcut procedure
has been adopted. This is being monitored from L.R’s Office
located at the court complex itself.
ii) Appointment of Nodal Officers and staff.
At the initiative of the Law Department, Nodal Officer (Legal)
and Nodal Staff (Legal) for every department have been appointed
to exclusively deal with the court cases. They are responsible
for taking every step in connection with court cases of their
department. Compilation of guidelines has been issued to the
Nodal Officers and staff for effective management of the
Government cases. The Nodal Officers and Nodal Staff are given
training every year through workshops organised by the Law
Department. Problems and complicacy regarding court cases are
categorically discussed in those workshops.
Daily Diary system for the court cases is to be maintained by
the Nodal Officers (Legal) and Nodal Staff (Legal) and copy of
that diary is to be sent to the Law Department.
iii) Introduction of lawyers brief.
The lawyers brief are prepared from the L.R’s Office located at
the court complex on the
First receipt of the notice and handed over to the lawyer
concerned for conduct of cases. Original files are not given to
lawyers.
iv) District and Sub-divisional Committees
For smooth conduction of both civil and criminal cases and to
maintain a momentum in between the investigating officers and
prosecutors, District level co-ordination Committees and
Sub-divisional Monitoring Committees have been formed. Members
of the District Committee are the District Magistrate &
Collector, Superintendent of Police, Public Prosecutor,
Government Pleader and Chief Medical Officer, whereas the
members of the Sub-divisional Committee are the Sub Divisional
Magistrate, Sub Divisional Police Officer, Additional Public
Prosecutor/Additional Government Pleader/Assistant Public
Prosecutor and Sub Divisional Medical Officer. The members of
the each committee sit in a meeting every month and monitor the
status of the court cases to send monthly report to the Law
Department.
v) District Monitoring Committees
With a view to ensure effective supervision of withdrawal of
cases against surrendered extremists District Level Committees
have been constituted to coordinate and monitor the works of
prosecuting agency. In each of the three judicial Districts
three separate five member committees have been formed under the
chairmanship of the Public Prosecutor of the respective
district. The committees monitor the filing of applications
under Section 321 of the Cr.P.C, for withdrawal of cases against
surrendered extremists, review the position of such application
pending in different courts and take appropriate steps for
filing revision against the order refusing to grant permission
of withdrawal of such cases and inform the updated position of
pending cases to the Home Department. The committees meet once
in a month.
D. LEGISLATION.
All State Laws are drafted, Processed and monitored by the Law
Department from the stage of introduction in the Assembly to the
stage of assent of the Governor or President. Bills are drafted
by the Law Department.
Click here to see the list of principle legislations prepared by
the Law Department during the period 2003 to 2007.
E. PARLIAMENTARY AFFAIRS.
It is the Administrative Department of the State Legislature.
One handbook on Parliamentary practice and procedure has been
published.
F. FREE LEGAL SERVICES AND LEGAL AWARENESS.
The conventional Justice delivery system is time-taking,
expensive and not accessible to all segments of people. Poverty,
illiteracy and ignorance of law is the main barrier in the way
of justice. Though the system can not be changed overnight, but
to overcome from this inscrutable situation, an alternative
justice delivery system has been introduced. This is the simple
system to adjudicate the pre-litigative disputes through
conciliation which is inexpensive, easy, smooth, speedy and
uncomplicated, preserving the legal and constitutional right of
the people and in accordance with the law of the land. For
effective implementation of this system, State Legal Services
Authority in the State has been formed according to the Legal
Services Authorities Act, 1987. This system has already become
popular by this time. Three important aspects of free legal
services are (i) to extend the existing system of free legal
services to the weaker sections of the people (ii) only ten to
fifteen percent of the legal disputes reach the court for
adjudication. Remaining huge numbers of disputes are left
unattended by the present judicial system. To settle those huge
number of disputes by way of conciliation through the
participation of all class of people (iii) to create and enhance
the legal awareness of the weaker section of people about the
various social and beneficial legislation and schemes.
Law Department monitors legal services programmes through Legal
Services Authority. Secretary of the Law Department is the
ex-officio Member-Secretary of the State Legal Services
Authority.
A considerable portion of the people of this country is ignorant
of law. They can not take the advantage of law due to their
poverty and illiteracy. They are not so much conscious about
their legal rights, how much they are, about their democratic
right. We are constitutionally duty bound to aware people about
their legal rights and to provide them legal facilities. Women,
Scheduled castes, Scheduled Tribes, Unskilled labourers,
indebted corvee, children, harmed person of natural calamities
like draught and flood and any other poor people having annual
income not more than Rupees Fifty thousand, all of them are
entitled to get free legal service.
Free legal service contains all expenses like advocate fees,
copying cost, transportation cost for case purpose and costs for
case related papers etc.
To see the information regarding the activities and achievements
of the Tripura State Legal Services Authority please visit www.
slsatripura.in.
G. HIGH COURT AND STATE JUDICIARY.
Law Department is the Administrative Department in matters
pertaining to the High Court and State Judiciary. Establishment
of courts, creation of posts, budget for the State Judiciary,
creation of infrastructure, framing of rules and expansion of
Judiciary are some of the important functions of the department.
H. CODIFICATION OF STATE LAWS.
Long felt necessity for codification of State Laws has been
materialized. It is available in two volumes.
Long awaited project of compilation of the state Rules has been
materialized and the Book naming ‘Compendium of Statutory Rules
under Tripura State Acts’ consisting
45 state Rules, has been formally released on 14th July, 2008.
It is now available to purchase from the Library of the Law
Department.
I. TRIBUNALS AND COMMISSIONS.
This Department constitutes various Enquiry Commissions and
Tribunals whenever felt necessary.
J. APPOINTMENT OF NOTARY PUBLIC.
The Law Department appoints Notary Public for the whole or any
part of the state of Tripura, according to Section 3 of The
Notaries Act, 1952.
According to Section 6 of the Act, the list of Notaries
appointed by the State Government is published in the official
Gazette during the month of January every year.
List of Notary for the year 2008
The
‘Certificate of Practice’ of Shri Ajit Kumar Dhar, Notary
Public, Sabroom, South Tripura has been cancelled by a
Notification bearing No.F.3(1)-Law/Estt-3(ii)/07 Dated
25.07.2008. He has been perpetually debarred from practice as
such Notary and his name has been removed from the Register of
Notaries.
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Sl.
No. |
Name of Notary |
Address |
Educational Qualification |
Area of Practice |
Regn. No. |
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1. |
Shri Hiralal Bhowmik |
Kailashahar Bar |
B.A, LL.B |
North Dist. |
1/2001 |
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2. |
Shri Dilip Naha Biswas |
Agartala Bar |
B.A, LL.B |
West Dist. |
2/2001 |
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3. |
Sri Ranjan Krishna Das |
Udaipur Bar |
B.A, LL.B |
South Dist. |
3/2001 |
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4. |
Sri Sukhamoy Dey |
Dharmanagar Bar |
B.Sc, LL.B |
Dharmanagar |
4/2006 |
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5. |
Sri Ajit Kr. Dhar* |
Sabroom Bar |
B.Com, LL.B |
Sabroom |
5/2006 |
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6. |
Sri Jyotirmoy Som |
Belonia Bar |
B.A, LL.B |
Belonia |
6/2006 |
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7. |
Md. Matiur Rahaman |
Kailashahar Bar |
B.A, LL.B |
Kailashahar |
7/2006 |
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