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LAW AND LEGISLATIVE AFFAIRS DEPARIMENT

Mantralaya, Mahanadi Bhawan, Nava RaipurAtal Nagar

AtalNagar, the l3thNovember 2020

NOTIFICATION

F. No. 8721 1666/21/B/2020. -

The State Government, hereby, makes the following further amendment in the

Law Deparhnent Manual, namely :-

AMENDMENT

In the said manual,-

l.

After sub-rule (1) of rule 9, the following shall be added, namely :

"(1A). (t)

Appointment of Additional Advocate General, Deputy Advocate General, Government

Advocatg Deputy GovernmentAdvocate, Standing Counsel and Panel Lawyers etc.-

Government shall appoint such number of above mentioned posts in the High Court on

behalf of the State, to conduct cases before various High Courts, Supreme Court and other

State and National level Courts and Tribunals as they may consider necessary.

(a)

The appointment of above mentioned posts shall be made from out of a panel of

three advocates in the ratio of l:3 prepared by the Advocate General, after

obtaining the prior approval of the Government;

(b)

The appointment shall be made on the basis of competence, sufficient experience,

standing at the Bar as an advocate, nature ofpractice etc.

(c)

The Advocate shall file a declaration with his resume that he is not subject to any

such disqualification as mentioned in sub-clause (1B).

(tr)

1185

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person shall be included in the panel for- appoiusg.lll ut

above mentioned posts, if he,

(a) in the case of

(i)Additional Advocate General, Deputy Advocate

General, Government Advocate, Deputy Government

Advocate, Standing Counsel, unless he is an

Advocate of High Court or Supreme Court, at least

for a period of seven years.

(ii)Panel Lawyer, r,rnless he is an Advocate of High

Court or Supreme Court, at least for a period of three

years.

(b) on receipt of a panel of advocate(s) prepared and sent by

the Advocate-General, the Govemment may consider the

same and as required appoint one among the panel(s) as

the post above mentioned or call for a fresh panel in same

manner as above for consideration.

(18) Disqualifications.- An Advocate shall be disqualified for being

appointed, or for continuing in the above mentioned posts, if-

(u) he is declared financially insolvent by any competent court,

or there is any pending civil decree or any case of wilful

neglect against him.

(b) he has been or is disqualified by the Bar Council of the State,

where he has been enrolled or Bar Council of India or court

or authority;

(c) he has pending criminal case against him before the

competent court of law or he is convicted by any court under

any Act.

u*qird{qrrd, m*' t3 itrrcR 2o2o

ll86 (1)

(1C) Term of appointm

above posts.- The posts shall

ordinarily be appointed for a term of two years. The Advocates so

'

appointed for the posts may be considered for a second term, if the

Government is satisfied that he do have efficiency, knowledge and

good performance, and for a third term in exceptional cases.

(1D) Power to disengage. - The Government fr&y, at any time, without

any notice and without assigning any reason, disengage or dispense

with the service of Advocates from the above mentioned posts.

The Advocate appointed on the above posts may resign after

giving a prior notice of one month:

Provided that, the Government may waive such notice in

appropriate cases.

(1E) Supervision and Control.- All the above mentioned posts in the

High Court and other Courts and Tribunals at the State Level and

National Level shall function under the general superintendence

and control of the Advocate-General and shall perform such duties

and functions as assigned to them by the Advocate General from

time to time, and they will be under the overall control of the State

Government."

2. In rule 15, -

(a) after the heading "15. Appointment.-", the bracket and number "(l)"

shall be inserted.

(b) after the words "and also a list of pleaders", the symbol and word

"/Advocates" shall be inserted.

1186

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(c) after sub-rule (1), the following shall be added, namely:-

"(2) The appointment shall be made on the basis of competence,

sufficient experience, standing at the Bar as an advocate, nature

of practice, etc.

(3) The Advocate shall file a declaration with the application, that

he is not subject to any disqualification as mentioned in sub-

clause (4).

(4) An Advocate/pleader shal.l be disqualified for being appointed,

or for continuing in the above mentioned posts, if:-

(a) he is declared financially insolvent by any competent court,

or there is any pending civil decree or any

"case of wilful

neglect against him;

(b) he has been or is disqualified b

f the

State, where he has been enrolled or Bar Council of India or

any court or authority;

(c) he has pending criminal

competent court of law or he

any Act."

case against him before the

is convicted by any court under

By order and in the name of the Governor of Chhattisgarh,

MANEESH KUMAR TI{AKU& Additional Secretary.

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