MAHARASHTRA LAW OFFICERS (APPOINTMENT, CONDITIONS OF SERVICE AND REMUNERATION) (FIRST AMENDMENT) RULES, 2014

PREAMBLE

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:--

Rule - 1.

These rules may be called the Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) (First Amendment) Rules, 2014.

Rule - 2.

In rule 13 of the Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984 (hereinafter referred to as "the principal Rules"),--

(i)            in sub-rule (1), after the words "for each district" the words "and Chief Presenting Officer or Presenting Officer for the Maharashtra Administrative Tribunals" shall be substituted;

(ii)          in sub-rule (2),--

(a)          in clause (i), for the words "Court of Small Causes at Bombay; and" the words "Court of Small Causes at Mumbai; " shall be substituted;

(b)          in clause (ii), for the words "the Maharashtra Revenue Tribunal at Bombay" the words "the Maharashtra Tribunal at Mumbai" shall be substituted;

(c)           after clause (iii), the following clause shall be added, namely:--

"(iv) a Chief Presenting Officer or Presenting Officer in the Maharashtra Administrative Tribunal."

(iii)         after sub-rule (2), the following sub-rule shall be inserted, namely:--

(2A) To facilitate the selection of a suitable candidate as the Government Pleader or Additional or Assistant Government Pleader or Honorary Assistant to the Government Pleader and Special Government Pleader and Additional Special Government Pleader mentioned in sub-rule (2), the Committee mentioned in column (2) against the posts mentioned in column (1) below Table, shall conduct the interviews of the candidates and recommend to the Government, the names of the candidates which in its opinion are most suitable and meritorious for the appointments.

Table

Sr. No.

Posts

Committee for conducting interviews

(1)

(2)

(3)

1

Government Pleaders in the High Court at Bombay and its Benches at Nagpur and Aurangabad.

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 (i) Advocate General; and

(ii) Principal Secretary and Remembrancer of Legal Affairs, Law and Judiciary Department, Government of Maharashtra;

2

Government Pleaders and Additional or Assistant Government Pleaders for City Civil Court, Bombay and Government Pleader, Court of Small Causes at Mumbai.

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(i) the person nominated by Advocate General; and

(ii) the Collector, Mumbai City;

3????????????? Chief Presenting Officer or Presenting Officer for the Maharashtra Administrative Tribunals at Mumbai, Nagpur and Aurangabad.? ...???????????

(i) the person nominated by Advocate General;

(ii) the Principal Secretary (Services), General Administration Department, Mantralaya; and

(iii) the Legal Adviser-cum-Joint Secretary, Law and Judiciary Department.";

(iv) for sub-rule (3), the following sub-rule shall be substituted, namely:--

"(3) The District Magistrate in Brihan Mumbai, or as the case may be, in every district shall invite applications from advocates in such manner as he thinks fit, for inclusion of the names of suitable candidates from amongst them, with the approval of the Government, in the panel for appointment of Public Prosecutor or Additional Public Prosecutor for Brihan Mumbai, or as the case may be, for a district; and the Committee consisting of the person nominated by the Advocate General and the Collector of the concerned District, shall conduct the interviews of the candidates and recommend to the Government, the names of the candidates which in its opinion are most suitable and meritorious for such appointment; and the Government shall select the candidates recommended for any such appointment.";

(v) for sub-rule (4), the following sub-rule shall be substituted, namely: --

"(4) The Collector of every district other than the district of the Mumbai City and the Mumbai Suburban District shall invite applications from advocates in such manner as he thinks fit, for inclusion of the names of suitable candidates from amongst them, with the approval of the Government, in the panel for appointment of District Government Pleader or Additional or Assistant Government Pleader or Honorary Assistant to District Government Pleader, or as the case may be, Subordinate Government Pleader; and the Committee consisting of the person nominated by Advocate General and the Collector of the concerned District shall conduct the interviews of the candidates and recommend to the Government, the names of the candidates which in its opinion are most suitable and meritorious for such appointment; and the Government shall, select a candidate from the panel so prepared for any such appointment.";

(vi) for sub-rule (5), the following sub-rule shall be substituted, namely:--

"(5) The Commissioner of the concerned Revenue Division other than the Konkan Division shall invite applications from advocates in such manner as he thinks fit, for inclusion of the names of suitable candidates from amongst them, with the approval of the Government, in the panel for appointment of a Special Government Pleader for the concerned Revenue Tribunal other than Maharashtra Revenue Tribunal at Mumbai; and the Committee consisting of the person nominated by Advocate General and the Commissioner of Konkan Division shall conduct the interviews of the candidates and recommend to the Government, the names of the candidates which in its opinion are most suitable and meritorious for such appointment; and the Government shall select a candidate from the panel so prepared for any such appointment.".