In exercise of the
powers conferred by the proviso to article 309 read with article 165 of the
Constitution of India, the Governor of Maharashtra is hereby pleased to make
the rules further to amend the Maharashtra Law Officers (Appointment,
Conditions of Service and Remuneration) Rules, 1984, as follows, namely:-- These rules may be
called the Maharashtra Law Officers (Appointment, Conditions of Service and
Remuneration) (Amendment) Rules, 2017. In Rule 11 of the
Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration)
Rules, 1984, in sub-rule (1), clause (c) shall be substituted, namely:-- " (c) who on
the date of advertisement, (i)
is not more than 58 years of
age, in the case of Government Pleader; or Government Pleader and Public
Prosecutor; or Additional Government Pleader and Additional Public Prosecutor
in the High Court: Provided that,
the upper age limit of 58 years shall be relaxed upto two years in case of the
persons who, on or before the date of commencement of the Maharashtra Law
Officers (Appointment, Conditions of Service and Remuneration) (Amendment)
Rules, 2017, are appointed as the Government Pleaders; or Government Pleaders
and Public Prosecutors; or Additional Government Pleaders and Additional Public
Prosecutors; in the High Court. (ii)
is not more than 55 years of
age in the case of any other Government Pleader or additional or Assistant
Government Pleader, Public Prosecutor or Additional Public Prosecutor or
subordinate Government Pleader or Honorary Assistant to Government Pleader: Provided that,
the upper age limit of 55 years shall be relaxed upto five years in the case of
persons who, on or before the date of commencement of the Maharashtra Law
Officers (Appointment, Conditions of Service and Remuneration) (Amendment)
Rules, 2017 are appointed as the Assistant Government Pleaders and Additional
Public Prosecutors in the High Court and Government Pleaders or Public
Prosecutors or Additional/Assistant Government Pleaders or Additional/Assistant
Public Prosecutors in the District and Sessions Court"; In Rule 11 of the
Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration)
Rules, 1984, in sub-rule (1), in clause (d), for the portion beginning with the
words "who has been" and ending with the words "7 years",
the following shall be substituted, namely:-- "Who has
been practicing as an advocate; (i)
in the case of Government
Pleader; or Government Pleader and Public Prosecutor; or Additional Government
Pleader and Additional Public Prosecutor; for the High Court for not less than
ten years, ordinarily in the High Court, certified by the Registrar of the High
Court or, as the case may be, Prothonotary and Senior Master, that he
ordinarily practices in the High Court; (ii)
in the case of Government
Pleader or Additional Government Pleader, Public Procecutor or Additional
Public Procecutor in District Court or City Civil and Sessions Court, for not
less than seven years ordinarily in the Court for which the appointment is to
be made, certified by the Principal District Judge/Principal Judge/District
Judge of the Court, as the case may be, in which he practices." (iii)
In the case of Assistant
Government Pleader and Addl. Public Prosecutor in the High Court or District
Court, for not less than seven years. In Rule 13 of the
Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration)
Rules, 1984 after sub-rule (5), the following sub-rule (5A) shall be inserted,
namely:-- "(5A)-The Application shall be supported by detailed Resume of
the applicant, copies of the certificates showing educational qualifications
and the requisite certificate referred to in clause (d) of sub-rule (1) of Rule
11."MAHARASHTRA LAW OFFICERS
(APPOINTMENT, CONDITIONS OF SERVICE AND REMUNERATION) (AMENDMENT) RULES, 2017
PREAMBLE