NOTIFICATION
Whereas the draft of the Karnataka Conduct of Government Litigation Rules, 2024 was published as required by sub-section (1) of section 82 of the Karnataka Conduct of Government Litigation Act, 2023 (Karnataka Act 28 of 2023), in Notification No. LAW-LAM/09/2024, dated: 16.11.2024 in part IVA of the Karnataka Gazette Extraordinary dated: 16.11.2024 inviting objections and suggestions from all persons likely to be effected thereby within fifteen days from the date of its publication in the official Gazette.
And whereas the said Gazette was made available to public on 16.11.2024.
And whereas no objections and suggestions have been received, in this behalf, by the State Government.
Now, therefore, in exercise of the powers conferred by section 82 of the Karnataka Conduct of Government Litigation Act, 2023 (Karnataka Act 28 of 2023), the Government of Karnataka hereby makes the following rules, namely:-
RULES
1. Title and Commencement. (1) These rules may be called the Karnataka Conduct of Government Litigation Rules, 2025.
(2) These rules shall come into force from the date of their publication in the Official Gazette.
2. Definitions.- (1) In these rules unless the context otherwise requires:-
(a) 'Act' means the Karnataka Conduct of Government Litigation Act 2023 (Karnataka Act 28 of 2023); and
(b) 'Form' means a form appended to these rules.
(2) Other words and expressions used in these rules and not defined, but defined in the Act shall have the same meaning respectively assigned to them in the Act.
3. Procedure for Conduct of cases. (1) An officer of the State Government shall submit a detailed report of the facts and circumstances of the case through proper channel to the State Government, as under the provisions of section 5 of the Act and directions of the State Government.
(2) The Concerned officer shall peruse the court case filed by or against State Government/Government Department/Government Orders/Government Circulars/Government directions through the Court Case Monitoring System (hereinafter referred as CCMS).
(3) The concerned officer shall pursue the court cases through CCMS and prepare the information regarding appointment of Litigation Conducting Officer and Government Advocate and the same shall be submitted to the Head of Legal Cell within fifteen days.
(4) The law officer shall forward to Government in the Legal Cell and where a case is filed in the court of Civil Judge, to the Director of Prosecutions and Government Litigation, a true copy of the plaint and its enclosures as actually presented to the Court along with the date of presentation of the plaint.
(5) The Law officer shall intimate the number of the case as soon as it is registered. He shall forward true copies of the written statements, counter and other pleadings filed by the defendant, issues framed in the suit and amendments, if any, to the pleadings or issues after getting necessary copies thereof prepared by the litigation conducting officer. Expenses in this regard shall be incurred out of the contingency fund as provided in Article 240 (b) of the Karnataka Financial Code.
(6) After appointment of Litigation conducting officer and Government Advocate, the concerned Officer shall prepare the para-wise remarks of the concerned cases with all the records and submit to the Head of Legal Cell within one week. After scrutiny same shall be sent to the Government advocate without delay.
(7) After preparing the pleadings/statement by the Government Advocate the same shall be sent to the Head of Department for approval.
(8) The Litigation Conducting Officer shall verify the Statements of Objections to be submitted by the Government Advocate before the Court.
(9) The State Government Advocate shall verify and give opinion on the final orders for implementation, as directed by the Court and a copy of the same shall be uploaded in the CCMS and a physical copy shall be submitted to the Head of Legal Cell, within one week.
(10) The Head of the Legal Cell shall verify and give an opinion on final orders stating that whether the said orders are fit for an appeal or not and if the said order is fit for appeal, the said file is to be forwarded to the concerned Department. If the said order is not fit for appeal, the said opinion shall be submitted to the Law, Justice and Human Rights Department for approval, then after receipt of the same from the Law, Justice and Human Rights Department, the Head of Legal Cell shall forward the same to the Head of the Department for further action.
(11) The Head of the Department, after receipt of the file from the Head of the Legal Cell shall take a decision by holding a meeting as per the circular No. LAW-LAM/123/2022, dated: 06.03.2023 as contemplated under the Karnataka State Dispute Resolution Policy-2021.
(12) After holding the Dispute Resolution Board meeting the Head of the Department shall take decision with regard to filing or non-filing of appeal according to the relevant provisions of law.
(13) After obtaining the approval of the competent authorities, the concerned Head of Department shall take discretionary action within one week regarding implementation of the court orders or appeal against the court orders.
(14) The Secretary to State Government of the concerned Department shall verify the status of court cases through CCMS in every Monthly Program Implementation Calendar (MPIC) Meeting.
(15) If the Legal cell and in respect of a case in a court of Civil Judge, the Director of Prosecutions and Government litigation, or in his absence from Head quarters, the Joint Director of Prosecutions and Government Litigation (Administration) in examination of the case, finds that the defense in the case has to be undertaken by the Government, he shall issue orders sanctioning defense and instructing the Law Officer concerned to appear and defend the Government or the officer concerned. The order shall also specify the officer who shall be the Litigation Conducting Officer for the case and the officer who is authorized to sign and verify the pleadings in the case. The Litigation Conducting Officer shall regularly watch the progress of the case and shall give necessary files and instructions to the Law Officer to whom the case is entrusted at all stages till the final disposal of the case including appeal, review or revision, if any. Before instructing the Law Officer he shall obtain wherever necessary, orders of his official superior or any other higher officer.
(16) In the Rules wherever it is referred as 'Legal Cell', in respect of the cases before the Court of Civil Judge it shall be referred as Director of Prosecution and Government Litigation.
(17) In respect of cases in court of Civil Judge when issues are framed by the Court, the copies shall be sent to the Director of Prosecutions and Government Litigations.
(18) With reference to Sections 6, 16, 17 and 53 of the Act, the powers and authority given to the Law Secretary is delegated and those works are to be attended by the Head of the Legal Cell of concerned departments.
4. Contempt of Court cases.-The Head of the Department shall take action regarding contempt of Court cases against the Government in accordance with the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) and directions of the Courts, if any.
5. Appointment of Litigation Conducting Officer.-(1)The appointment of Litigation Conducting Officer shall be done at the level not below the rank of Under Secretary or class-1 (Group-A) to Government and the proposal shall be sent to the Head of the Legal Cell with approval of the concerned Secretary to Government.
(2) The concerned Secretary to Government, shall issue standing orders on court cases against the Government and the Under Secretary to Government shall be authorized as Litigation Conducting Officer in the district level court cases.
(3) The concerned Litigation Conducting Officer on being informed of any adverse orders, guidelines, remarks, interim orders are passed by the Hon'ble Courts/Tribunals against the State Government by the Law Officer, shall immediately inform the same to the Head of the Department directly in writing.
6. Miscellaneous Provisions.-(1) if the Chief Secretary, Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation is made as one of the respondents by the Petitioner, the concerned Administrative Department shall appoint the Litigation Conducting Officer and shall provide the concerned file and shall provide all the material facts and figures which are necessary to defend the case to the Government Advocate or to the Advocate General's Office.
(2) The concerned Government Advocate shall take steps to amend the cause title of the case, when it is brought to his notice that in that particular case, the Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation is wrongly made as one of the respondents and shall intimate the concerned Administrative Department to take necessary steps to defend the case.
(3) The concerned Administrative Department shall defend the case in which the constitutional validity of the Act has been challenged. The responsibility of the Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation is restricted only to the fact that it shall provide the entries and the List under Seventh Schedule to the Constitution of India by invoking which the particular Act has been enacted, to the concerned Government Advocate.
(4) The concerned Administrative Department shall take steps to settle the fees/bills of the Government Advocates under the provisions of the Karnataka Law officer (Appointment and Conditions of Services) Rules, 1977.
(5) The liability of the Department of Law, Justice and Human Rights, Department of Parliamentary Affairs and Legislation ceases once it transfers/intimates the filing of a case in the court of law to the concerned Administrative Department. Thereafter it is the responsibility of the concerned Administrative Department to defend the case by taking necessary steps.
(6) When the entire Act or a section or sections of the Act, has been struck down on the ground that it is unconstitutional, it is the responsibility of the concerned Administrative Department to file an appeal against that judgment. If the concerned Administrative Department decides not to file an appeal, then it shall inform the Department of Parliamentary Affairs and Legislation of its decision and shall send a proposal to repeal that Act or section/sections of that Act which has been struck down by the Court of law.
(7) If any dispute arises as to which is the Administrative Department in a particular case, the decision of the Chief Secretary shall be final.
7. Monitoring of Court cases.-With reference to section, 74 of the Act,
(1) The Monitoring committee shall be constituted at the State level for the purpose of monitoring and supervision of court cases filed against State Government in the Supreme Court or High Court or other Courts, consisting with the following members, namely:-
