Section 8(7) in Conduct of the Government Litigation, Rules, 2000
(7)General Duties. - Unless otherwise provided in these rules, it shall be the duty of the Government Advocate or Public Prosecutor-(a)To finalize pleadings or memoranda of appeals or replies or applications or affidavits or counter affidavits or other documents in the proceedings filed in the Court or the proceedings filed in the Courts of other States;(aa)To ensure that no case is heard by the Court without filling the necessary pleadings or submissions or replies or affidavits or counter affidavits or other documents indicating clearly the contentions of the Government, both on questions of law and facts;(b)To see that no case is conceded before the court, such as granting of bail to any accused or any question of fact not conceded in the affidavit or counter affidavit or any claim against the State without obtaining previous permission of the competent authority;(c)To appear in any case, whether civil or criminal, in which the Court desires him to appear or expresses its opinion that he ought to appear;(d)To assist the Advocate General in civil or criminal cases of special importance, whenever such assistance is required by him;(e)To submit monthly report regarding pending cases to Law Department;(f)As soon as a matter of which the State or its officers are parties is decided by the Court;(i)To communicate the nature of the decision to the administrative department and the Legal Rememberancer, Law, giving brief statement of the reasons on which the decision is based;(ii)To apply immediately for a certified copy of the judgement and order or decree and take all the necessary steps;Where the order or decree has been passed under which any amount is due to the Government or its officers, to take all the necessary steps, with all possible expedition, to realize the moneys and cost so awarded; andWhere the order of decree has been passed against the State or its officers, to see that the order or decree is satisfied, if the Government decides not to challenge the said order or decree;(g)To report to the Legal Remembrancer, Law, any of the following matters arising out of any civil or criminal case decided by the Court:-(i)Any case in which the Court in confirming or imposing the minimum legal penalty expresses or indicates an opinion that a lesser penalty would serve the ends of justice.(ii)Any case in which the Court has observed or expressed or indicated that imposition of any tax, cess, levy, penalty, fine or royalty under any of the enactments is unjust and would not serve the ends of justice;(iii)Any case in which the action of the lower Court or the conduct of investigation or prosecution or the conduct of the Law Officer or a State Employee, has been considered to be gravely irregular or has been severely criticized by the Court;(iv)Any case in which the Court has declared any law or statutory rule to be ultra vires or in which it has observed that a law or statutory rule has been causing inconvenience or anomaly;(v)Any defect or lacuna in any enactment or statutory rule, the removal of which he considers it necessary;(vi)Any pronouncement of the Court on a question of law which is likely to affect other cases in the State;(vii)Any other matter or circumstances which he himself or the Court desires or considers it necessary to be brought to the notice of the Government;(viii)In any case in which any important question of law is likely to affect the policy of the Government or the conduct of the Government or its employees has been the subject of comment by the Court;(h)To assist the Advocate General or Public Prosecutor in the High Court in an appeal or other proceedings relating to a case which he has conducted in the subordinate Court, when the Advocate General or the Legal Remembrancer, law requires him to do so.Chapter-IV Civil Suit and Other Civil Proceedings
