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Lok Ayukta Special Attorney and Senior Government Pleaders (Appointment and Conditions of Service)Rules

PLEADERS (APPOINTMENT AND CONDITIONS OFSERVICE)RULES, (KERALA), 2000
( Published in Kerala Gazette Exty No.315 dated 18.2.2000 SRO.No.149/2000)

RULES

1. Short title and commencement:-
(1) These Rules may be called the Kerala Lok Ayukta Special Attorney and Senior Government Pleaders (Appointment and Conditions of Service) Rules, 2000.

2. Definitions:- In these rules, unless the context otherwise requires;

(a) ' Act' means the Kerala Lok Ayukta Act, 1999 (8 of 1999)

(b) 'Government' means Government of Kerala and includes any officer of Government of Kerala who is a party to the proceedings before the Lok Ayukta/Upa Lok Ayukta.

(c)'Senior Government Pleader' means a Senior Government Pleader appointed under sub-s (8) of S.9 of the Act.

(d) 'Special Attorney' means the Special Attorney appointed under sub-s (8) of S.9 of the Act.

3. Qualification of Special Attorney and Senior Government Pleader:- (1) The Government shall appoint a person who has been an Advocate of a High Court for not less than 10 years as Special Attorney to represent Government before Lok Ayukta and Upa Lok Ayukta.

(2) The Government shall appoint one or more Senior Government Pleaders to represent the Government before the Lok Ayukta or an Upa Lok Ayukta from a panel of Advocates furnished by the Special Attorney for the purpose.

Provided that no person shall be appointed as Senior Government Pleader unless such person has been an Advocate and who has not less than 7 years of practice at the Bar.

(3) Only those persons who, having regard to their qualifications, experience, integrity, reliability, reputaion, and character and antecedents, are in the opinion of the Special Attorney fit to be appointed as Senior Government Pleaders shall be included in the Panel.
4. Term of Appointment:- The term of appointment of a person appointed as Special Attorney of Senior Government Pleader under these rules shall be for a period of three years. The Government may reappoint any such person for a further period not exceeding three years at a time:

Provided that the services of the Special Attorney or a Senior Government Pleader can be terminated at any time before the expiry of the term of his appointment, without assigning any reason thereof and after giving one month's notice in writing or after paying one month's salary in lieu of such notice:

Provided further that the services of Senior Government Pleaders shall stand terminated automatically on his attaining the age of 60 years.

5. Remuneration:-The Special Attorney and the Senior Government Pleaders may be paid such remuneration as may be fixed by Government from time to time.

6. Duties and functions of Special Attorney:- (1) Special Attorney shall be responsible for the proper performance of duties and functions assigned to him under the Act and these Rules.

(2) The Special Attorney shall represent Government before the Lok Ayukta and Upa Lok Ayuktas in all matters as contemplated under sub-s (8) of S.9 of the Act.

(3) The Special Attorney shall take notice and enter appearance on behalf of Government respondents Government Officers and shall defend the case after obtaining instructions of Government thereon.

(4) The Special Attorney shall assign work to the Senior Government Pleaders to represent

Government before the Lok Ayukta and Upa Lok Ayukta, as the case may be.

(5) The Special Attorney and the Government Pleaders shall furnish to Government monthly progress report on the cases attended to by them.

7. Duties of Senior Government Pleaders:- (1) A Senior Government Pleader shall carry out the works assigned to him by the Special Attorney to represent Government before the Lok Ayukta and Upa Lok Ayuktas under the directions and guidance of the Special Attorney.

(2) The Senior Government Pleaders shall prepare and submit weekly work-dairy statements to the Special Attorney.

(3) In the temporary absence of the Special Attorney, one of the Senior Government Pleaders specially authorised by him in that behalf shall represent him before the Lok Ayukta or the Upa Lok Ayuktas.

(4)The supervision and control of the Senior Government Pleaders shall be vested with the Special Attorney.

8. Office and Establishment for the Special Attorney:- The Special Attorney shall have such officers and employees as may be decided by the Government to assist him and the Senior Government Pleaders in their office work.

9. Travelling Allowance and Leave:- (1) The Special Attorney and the Senior Government Pleaders are entitled to Travelling Allowance and Dearness Allowance admissible to Class I Officers of the State Government.

(2) Official journey of Senior Government Pleaders shall be sanctioned in advance by the Special Attorney.

(3) The Special Attorney and Senior Government Pleaders shall be eligible for leave that are normally admissible to Government Law Officers in the High Court appointed under the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978.

(4) The Senior Government Pleaders may be granted leave by the Special Attorney.

10 .Administrative Control:- The Administrative control of Special Attorney and Senior Government Pleaders shall be vested with the Government.

11. Liability of Special Attorney and Senior Government Pleader to pay damages in certain cases:- The Special Attorney and the Senior Government Pleader shall conduct the cases carefully and efficiently and safeguard Government interest and in case of any default he shall be liable to pay the government even after he ceases to be Special Attorney or Senior Government Pleader, damages equal to the loss or injury incurred or sustained by the Government as a result of his carelessness, negligence or other misconduct in conducting any case or safeguarding Government interest.