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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

Law,

Justice

and

Human Rights,

VidhanaSoudha,

Dr.

AmbedkarVeedhi, Bengaluru – 560 001.

DRAFT RULES

Title and Commencement.- (1) These rules may be called the

Karnataka Conduct of Government Litigation Rules, 2024.

¨sÁUÀ – 4 J

Part – IV A

2024

1946)

BENGALURU, SATURDAY, 16, NOVEMBER, 2024(KARTHIKA, 25, SHAKAVARSHA, 1946)

. 552

No. 552

(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,

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 shall

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

Parliamentary

Affairs

and

Legislation

ceases

once

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:-

The Additional Chief Secretary to Government

Ex-officio

Chairperson

The Principal Secretary to Government

Department of Law, Justice and Human Rights

Ex-officio

Member

The Secretary to Government, Department of

Personnel and Administrative Reforms

Ex-officio

Member

The Secretary to Government, Department of

Personnel

and

Administrative

Reforms

(Administrative Reforms)

Ex-officio

Member

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.

(3) The concerned Departments shall send the proceedings of the MPIC

meeting

the

Department

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;

months about progress of the cases; and

(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.”

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

to Government, Home Department

Ex-officio

Member

(c)

Additional Chief Secretary/ Principal Secretary to

Government, Finance Department

Ex-officio

Member

Secretary

(d)

Principal Secretary to Government, Law, Justice

and Human Rights Department

Ex-officio

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;

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;

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

Court/Tribunal orders/Judgments.,

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

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,

Justice and Human Rights Department

Ex-officio

Chairperson

(b)

Deputy Commissioner

Ex-officio

Member

(c)

Superintendent of Police

Ex-officio

Member

(d)

Additional Advocate General (Nominated by

the Advocate General )

Member

(e)

Head of Legal Cell Department of Revenue,

Food and Civil Supplies

Ex-officio

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

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

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 of

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.

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.

(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.

No.

Name of

the

courtwhich

passed the

award

No. and

year of

Petition or

appeal or

application

Date of

reference

Date

award

Date on

which the

period

oflimitation

expires

Judgement

debtor/respondent

Name and address

Amount due

to/by

Govt.

Steps taken for

recovery/ payment

Nature of steps

taken with date

Recoveries/payment

effected with date

Date of credit to

Treasury/

petitioner/claimant

Remarks

FORM-B

(See Section 60(1))

(See Rule – 10)

Sl.

Name of the

court which

passed the

decree/awa

No. and year

of suit or

appeal or

application

or Petition

Date of

decree/aw

ard

Date on

which the

period of

limitation

expires

Judgement

debtor/respo

ndent

Name and

address

Particula

rs of

decree/a

ward

Amount

due to

Govt.

Steps taken for

recovery and

Nature of steps taken

with date

Recoveries effected

with date

Date of credit to

Treasury

Remarks

FORM-C

(See Section 72(1))

(See Rule-11(1))

Name of the District/Additional

Govt. Pleader:---------------------

Place: -------------------------------

Sl.

No.

Suit/Appeal/

LAC/Petition

Application/

Misc.No.

Date of

entrustme

nt of case

Date

institutio

Name of the parties

Name

of the

Court

Nature of

the claim/

relief

Plaintiff/

Appellant/

Claimant/

petitioner

Defendant/

Respondent

Result &

date of

judgement

decree/order/

award

Date on

which

copies of

judgement

decree/order/awar

obtained

from the

court/Tribunal

Date on which

proposal /opinion for

appeal or

otherwise is

sent to the

Director of the

Prosecutions/Head of

the Legal Cell of

concerned department

Appeal/Revie

Revision

Number, if

preferred

ContemptP

etition/Exe

cution

petition

number, if

filed

Remarks

FORM-D

Quarterly Report)

(See Section 72(2))

(See Rule-11(2))

Sl.N

Case

No.

Authorizati

on/

Governmen

t Order

No. and

date

(including

special

counsel, if

service

taken)

Name of

the

parties

Nature of

reliefsoug

Stage of

the case

in the

report

Presentsta

ge of case.

Whether

anyinterim

orders are

passed

against the

State and

still

pending if

so why?

Remarks

including

difficulties

experienced in

making further

progress

of the case.

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

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Date: 2024.11.16 17:20:56 +05'30'