Kerala Law Department
The Law Department is a distinct and independent unit within the Secretariat. The Law Department was at first a part of the State Secretariat Service and comprised in it the Election Department, the Office of the Advocate General and Official Trustee.The work of publication of the Acts and Ordinances so far carried out by the Government of Travancore-Cochin was taken over by the Law Department from the year 1951 onwards.The history of Law Department is invariably linked to the legislative history of Travancore and Travancore-Cochin. The legal framework of Travancore was earlier based on oriental conceptions until this was modified by western jurisprudence after the establishment of the alliance with the English East India Company. Earlier, the new rules were promulgated by the Maharaja in the form of Chattavariyolas to facilitate administration of justice. The credit of en-grafting the principles of Anglo-Indian Legislation on the statute book of Travancore goes to Col. Munro who combined in himself the offices of Dewan and Resident. The drafts of the Acts and proclamations were prepared by the Dewans and submitted to the rulers who exercised their minds on the principles and the details involved in them before promulgation.The establishment of the new courts necessitated the restatement of the law and it was Cunden Menon who was appointed as Dewan Peishkar in 1835 A.D., who for the first time drafted the first Code of Regulations in the modern sense of the term.The era of representative institutions was inaugurated by His Highness Sri Mulam Thirunal Maharaja and the Legislative Council was established by the Legislative Council Act II of 1063 M.E. (1887 AD).
Law Department Organization:
The business of the Law Department is transacted by the Secretary to Government assisted by other officers of the Department.The administration of the office of the Advocate General is attended to by the Law Department through the Law (Inspection Wing) Section.The administration of the Office of the Administrator General and the Official Trustee of Kerala State is undertaken by the Law Department through the Law (Inspection Wing) Section.The Office of the Administrator General and Official Trustee of Kerala is at Ernakulam.The Administrator General is appointed by the State Government under section 3 of the Administrators General Act, 1963 (Central Act 45 of 1963).The Kerala State Human Rights Commission was constituted on 11th December 1998, by an order of the Government of Kerala, as per Section 21 of the Protection of the Human Rights Act, 1993. Human rights means, the rights relating life, liberty, equality and dignity of the individual, guaranteed by the constitution or embodied in the international covenants and enforceable by courts in India.The Kerala State Legal Services Authority was constituted by the Government of Kerala as per Notification No.3115/H1/98/Law dated, 25.4.98 published as SRO No.35/98 in the Kerala Gazette Extraordinary No.646 dated, 25th April, 1998. The Chief Justice of High Court of Kerala is the Patron-in-Chief of the Authority.
Notable Function of Law Department
- General Administration of the Department: The Law Department is a Separate unit with in the Secretariat.Therefore, matters relating to the administration of the department staff, budget, contingencies, furniture, stationery and all other Administrative matters are attended to in the department itself.The Law Department Library and the Records Wing of the Law Department are also the Vital part of the General Administration of this Department.
- Publication: The Department publishes annual volumes of the Acts and Ordinances passed each year. Annual volume of the statutory rules and notifications issued by the State Government are also published.Similarly annual volumes are also published of the more important rules and notifications issued by the Central Government which are republished in the State Gazette.
- Legislation : The drafting of Official Bills and Ordinances is undertaken by the Department in accordance with the instructions of the Department to which the subject matter of the legislation relates. The procedure of Legislation is regulated by relevant provisions of the Constitution of India, the Rules of Business of the Government of Kerala, the Kerala Government Secretariat Office Manual and the Kerala Law Department Manual.
- Legal Advice and Opinion : Interpretation of Statutes, Statutory rules, bye-laws, orders, deeds, Cases where sanction of Government has been has been sought for prosecuting Government Servants, Matters relating to disciplinary proceedings,Cases where the legal opinion of the Advocate General has to obtained, Guiding and coordinating the work in connection with the prosecution of Government cases and defence of cases filed against Government and Scrutiny of Statement of facts.Defamatory attacks on Government Servants and Interpretation or judgments, Orders etc of Courts. etc .
- Conveyancing : The conveyancing work of the Department consist of: The scrutiny of title deeds. Drafting and scrutiny of the deeds of conveyance and Offering legal advice to other Department of the Secretariat on stamp duty, registration, etc.
- Translation : The State Acts and Ordinances are translated in to Malayalam by the Translation Section of the Law Department.Translation of rules and notifications which have statutorily to be translated into regional languages is also attended to by the Translation section. The Translation Section also attends the translation of documents in to English whenever such translation is found necessary.
- Other Function:
– Administration of The Kerala Court Fees and Suits Valuation Act; The Notaries Act; and The Personal Laws.
-Matters relating to the appointment etc. of Advocate General, Government Pleaders, Standing Counsels in the Supreme Court, Administrator General & Official Trustees and Staff.
-Administration of the Kerala Official Language (Legislative) Commission (O.L (L)C) .
– Administration of Kerala State Legal Services Authority, Kerala State Human Rights Commission and Advocate Clerks Welfare Fund.
-Appointment and re-appointment of notaries, verification of annual Returns of notaries, preparation of yearly notaries list, disciplinary action against notaries etc .
Kerala Law Department Important Contact Details:
Minister for Finance, Law and Housing
Room No: 216
North Sandwich Block
Phone : 0471-2327876 , 2327976
Mob : 9496155500
Fax : 0471-2327016
Near Dharbar Hall
Shri. C. P. Ramaraja Prema Prasad
Tel: 0471-2332955, 2518383
Fax: 0471-2332955, 2333497
Office of the Advocate General
Office of the Advocate General, Kerala
EPABX: 0484- 2395052, 2395078, 2393844
FAX: 0484- 2394674
Sri. K. P. Dandapani
Office- New High Court Complex
Tel: 0484- 2564300, 2394505
Fax: 0484- 2396399
Official Website: www.keralalawsect.org
Related Website of Law Department
|Name of Website||Link|
|Official Website of Law Department, Government of Kerala||www.keralalawsect.org|
|Kerala State Human Rights Commission||www.kshrc.kerala.gov.in|