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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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®ı Amflºƒˆ ÿk^π¬˛wÁ\ 2022 } ÛÁÈ | 8 { No. 29 Poudouchéry Vendredi 8 Juillet 2022
No. Puducherry Friday 8th July 2022
(17 Asadha 1944)
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
(G.O. Ms. No. 10/LD./2022, Puducherry, dated 04th July 2022)
NOTIFICATION
Approval of the Lieutenant-Governor, Puducherry, is conveyed for the Scheme called "The Grant of Honorarium to Legal Researcher Scheme Rules, 2022" are appended to this Notification.
2. This issues with the concurrence of the Finance Department, Puducherry vide I.D.No. 20156/FC/FD/F5/A3/2022, dated 18-05-2022.
(By order of the Lieutenant-Governor)
N. MURUGAVEL, Under Secretary to Government (Law).
[ 327 ] 328 LA GAZETTE DE L'ETAT [PART–II
SCHEME FOR ENGAGING LEGAL RESEARCHERS IN THE
LAW DEPARTMENT, PUDUCHERRY
Whereas, the filing of cases before various fora is on the higher side in many of the major Departments and the Departments are finding it very hard to submit their defence on the cases by filing Affidavit/ Reply Statement/Counter Affidavit at the appropriate time through the Law Officers who are appearing before various Courts, viz., the Hon'ble Supreme Court, Hon'ble High Court and the Hon'ble Courts Subordinate to the High Court and as a result of which, the Officers of this Administration are facing unnecessary embarrassment before the Courts;
Therefore, it is proposed to engage 15 Legal Research Assistants on a fixed honorarium for a period of two years in order to obtain services of best incumbents, and with a view to keep transparency in the mode, and modality of engaging such Legal Researcher, providing qualification/method of selection, brief chart, general conditions of job, etc. The Legal Researchers shall be attached to the major Departments of this Administration, viz., Law, Police, Education, Revenue, Health, Local Administration Department, Department of Personnel and Administrative Reforms, Public Works Department, Social Welfare, Civil Supplies, Commercial Taxes, Industries and Commerce, and Department of Women and Child Development, and Transport to follow up all legal issues including Court matter pending, etc., as per the following Scheme:-
1. Short title, extent and commencement.— (i) This Scheme guidelines shall be called "The Grant of Honorarium to Legal Researcher Scheme Rules, 2022".
(ii) These rules shall apply to the whole of the Union territory
of Puducherry;
(iii) They shall come into force with immediate effect;
2. Definitions.— In this Scheme, unless the context otherwise
requires,-
(i) Age.- Must not have attained the age of 30 years as on 1st January or 1st July, preceding the last date fixed for submission of applications and the applicant shall be a citizen of India and resident of Puducherry;
329
PART–II] LA GAZETTE DE L'ETAT
(ii) Appointing Authority for the assignment as "Legal
Researcher" shall be the Government;
(iii) Application means, the application as prescribed in the
Scheme;
(iv) "Government" means, the Administrator of the Union territory of Puducherry appointed by the President of India under the Article 239 of the Constitution;
(v) "Legal Researcher" means, the "Research Assistant"
selected under this Scheme;
(vi) "Website" means, Official website of Law Department,
Government of Puducherry (https://law.py.gov.in);
(vii) "Universities/Colleges/Institutions" shall mean, the
Universities/Colleges/Institutions established by law in India;
3. Eligibility criteria for Research Assistant.— (i) Candidate should be a Postgraduate in Law (2 years programme) from the recognized Universities in the Indian Union;
Note:- Educational Qualifications and other eligibility criteria may be relaxed in case of exceptionally outstanding and deserving candidates by the Government;
(ii) Candidates pursuing Postgraduate Degree in Law or any other Degrees or Programmes requiring their compulsory attendance elsewhere are not eligible to apply for the assignment as Research Assistant;
4. Period of Assignment and De-Assignment of Research Assistants.— (i) Research Assistant will be initially for a period of two years from the date of their assignment, which can be extended for a further period of not exceeding one more year, subject to the approval of the Secretary to Government (Law);
(ii) However, the assignment of any Research Assistant may be discontinued even before the completion of one year, without notice, if, his/her services are found to be unsatisfactory;
(iii) The Candidates should join their assignment of Research Assistant within the period specified in their order of engagement. No request for extension of time for joining the assignment of Research Assistant will be entertained, under any circumstances;
330 LA GAZETTE DE L'ETAT [PART–II
(iv) Research Assistant shall not be treated or deemed to be an employee either in the Law Department or of the service of the Department of the Government of Puducherry;
(v) The selected candidates shall in addition to the normal working day may be required to attend the Office on Saturday/Sunday and other holidays also for which he shall not be paid any honorarium/ remuneration;
(vi) Any Research Assistant intended to leave the assignment within a period of two years, shall be required to give prior notice of one month;
5. Selection Process.— (i) Selection for the assignment of Research Assistant shall be made by way of Notification, inviting applications in the prescribed proforma from the willing and eligible candidates;
(ii) Prominent Law Institute/Universities may recommend their
Alumni/Alumnae residing at Puducherry;
(iii) Such applications shall be made in the pro forma as may be prescribed, which can be downloaded from the website of the Law Department and it should be accompanied with the copies of documents, as enumerated therein;
(iv) Eligible candidates will have to appear for viva voce at Puducherry on their own expenses on the date, time and venue, to be intimated to them;
(v) The selection shall be made by a Committee comprising of
the following Members:-
Secretary to Government (Law) . . Chairman
Secretary to Government (DP&AR) . . Member
Director of Prosecution . . Member
(vi) The selection shall be based on merit and the list of candidates selected by the Committee, shall be subject to the approval of the Hon'ble Lieutenant-Governor, Puducherry;
331
PART–II] LA GAZETTE DE L'ETAT
6. Duties and Responsibilities assigned to Research Assistant.— Duties and Responsibilities of the Research Assistant will be assigned from time-to-time, as may be decided by the Secretary (Law).
(i) Putting up the precedents on matters referred for legal
advice/conduct of litigation; .
(ii) General, Legal and Secretarial assistance to the Officers in the Law Department/Other Departments of Union territory of Puducherry in disposing of matters referred for legal advice/conduct of litigation including submission of notes and drafts in such cases;
(iii) Lectures in the specific field of Law in Colleges;
(iv) Reference and Research work, wherever necessary;
(v) Any other work as and when assigned by the Law
Secretary;
7. Record of Attendance of Research Assistants.— The Research Assistant should mark their attendance in the Attendance Register which shall be duly authenticated by the respective Head of the Institution in which they are posted from time-to-time and the same shall be communicated to the Law Department, Puducherry;
8. Leave Entitlement.— (i) Research Assistant shall be entitled to one day Casual Leave for each Calendar Month. The un-availed Casual Leave in a particular month may be carried forward, subject to maximum of 2 days. The maximum eligibility of Casual Leave in a Calendar Year is 8;
(ii) However, they will be permitted to proceed on Casual Leave, only with prior permission of the respective Head of Institution;
(iii) If, any Research Assistant is found to be exceeding the permissible limit of 8 days of Casual Leave in a Calendar Year, necessary deductions will be made from their honorarium, on pro-rata basis;
9. Honorarium.— (i) Research Assistant shall be paid ` 25,000 per month (Rupees twenty-five thousand only), as honorarium, for their assignment;
(ii) Research Assistant shall not be entitled to any other
allowances or perks;
332 LA GAZETTE DE L'ETAT [PART–II
10. Bar to practice as Advocate or taking up employment.— (i) No Research Assistant during the currency of their assignment shall be entitled to practice as an Advocate in any Court of Law or Tribunal or Authority and it will be obligatory for them, after accepting the assignment as Research Assistant, to inform the Bar Council concerned, in writing, that he/she shall not practice as an Advocate as long as he/she continues with the assignment as Research Assistant;
(ii) The Research Assistant during the currency of their assignment shall not be entitled to take up any employment or engagement of whatsoever nature either on full-time or part-time basis;
11. Conduct of Research Assistant.— During the assignment, every Research Assistant shall maintain a high standard of reputation and integrity commensurate with the responsibilities entrusted to him/her;
12. Access available to Research Assistant.— Research Assistants are permitted access to the Computers and internet facilities as available in the Law Department;
13. Dress Code for Research Assistant.— (i) For Male Research
Assistant – White/Black Pant, White shirt, Black shoe;
(ii) For Female Research Assistant – White/Off White Saree,
White/Off-White blouse.
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online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.