About Law Department
About Law, Justice, Parliamentary Affairs & Human Rights Department & Parliamentary Affairs
The Law, Justice, Parliamentary Affairs and Human Rights Department is responsible to deal with variety of important functions of the Government ranging from all the constitutional and legal business to litigation. It is mandated to provide financial and administrative support to all courts including Supreme Court, High Court, Shariat Court and Service Tribunal beside Election Commission, Ehtesab Bureau and Advocate General Office. It is also responsible to manage all parliamentary business of the Government including legislative drafting. Moreover, Law Department is obligated to conduct all litigation and furnish legal advice as and when required by different departments and agencies of the Government. In addition to that, Law Department is obligated to vet all contract and agreements on behalf of Government apart from other instruments having the force of law. Recently Human Rights Wing has been established and existing staff is assigned additional duties to look after human rights protection issues.
To provide sound legal infrastructure to get easy access to justice and conducive environment to achieve decent standard of life for people significantly through good governance, equitable dispensation of justice and protection of human rights.
- Provision of full fledged legal regime in the State.
- Prosecution and defence of Government cases in all courts.
- Compilation of all laws since 1947.
- Printing of all laws in AJ&K is under process out of which three volumes are available for marketing.
- Furnishing legal opinion to different government departments and agencies.
- Provision of Administrative support to all special institutions and attached departments
The function of the Law, Justice, Parliamentary Affairs and Human Rights Department, according to Schedule II Item No.18 of Rules of Business, 1985 are as under;
(A) Conduct of Government Litigation including
1.a. Representation in criminal cases;
b. Appeals and application for enhancement of sentences and conviction and
c. Filing and defending civil suits appeals etc, by or against the Govt. and civil servants.
2. Defense of pauper accused in the Courts and fees to pleaders for such defense.
3. All arbitration matters in which Govt. or any statutory body set p by Government is a party.
4. Reference to supreme Judicial Council.
5. Reference to Supreme Court under Section 45-A of the Constitution.
6. Matters related to legal practitioners, including scales of fee.
7. Matters related to the approval for appointments of legal advisers and engagement of legal practitioners/Advisers, Law Officers for the statutory/autonomous bodies and determination of their pay or the fee and termination of their services.
8. Govt. Law Officers, Advocate General, Assist/Additional Advocate General, Public Prosecutor, Govt. Pleaders, Special Counsels appointment, transfer, leave and fee etc.
9. Appointment of Notaries Public.
10. Representations against the orders of Mohtasib.
11. Advice to Departments on all legal matters including interpretation of laws, rules and orders having the force of law.
12. Reference to the Advocate General by any other Department for Legal Advice.
(B) Parliamentary Affairs and Legislation
1. Matters relating to the legislature including salaries, allowances and privileges of Speaker, Deputy Speaker and members of the assembly and Parliamentary Secretaries and leader of the Opposition.
2. Summoning & prorogation of Legislative Assembly and joint sitting.
3. Dissolution of Assembly, Liaison with the Departments in matters of the Legislative Assembly.
4. Follow up of the assurances of the Government made on the floor of the house for their implementations.
5. Approval of rules of procedures for Legislative Assembly and joint Sitting.
6. Matters relating to the salary, allowances and privileges of the President.
7. Scrutinizing and drafting of bills, ordinances, notifications, rules, regulations, statutory orders and by-laws.
8. Scrutiny of non-official bills.
9. Scrutiny of contracts and agreements.
10. Authorization for signing of contract deeds/instruments on behalf of the President and the body set up by it.
11. Codification of laws and printing of Acts, Ordinances, rules and orders.
12. Constitutional legislation.
13. Laws relating to legal profession.
14. Civil law and procedures.
15. Election laws except those relating to Local Bodies.
16. Matters relating to Election Commission.
17. Laws relating to Holders of Representative offices except local bodies.
18. Easement licenses and all matters relating to civil service.
19. Evidence Act and Oaths Act.
20. Personal Law.
21. Family Law.
22. Guardian, Wards and succession matters.
23. Transfer of Property Act.
24. Arbitration Laws.
25. Wills legacies and intestacy.
26. Insolvency and bankruptcy including the appointment of official assignee Administrator.
27. Registration Act, Deeds and conveyances relating to transfer of property and encumbrances, including collection of stamps registration fees and cesses levyable under different laws on such deeds.
28. Criminal Law procedure.
29. Law reforms and law Commissions.
30. Reference to the Council of Islamic Ideology and implementation of its recommendation.
31. Promulgation of ordinances on all subjects.
32. Legislation on any subject not specifically assigned to any department.
(C) Justice Wing
1. All matters relating to Supreme Court, High Court, Shariat Court and the Judiciary, in which the approval of the President Advice the Azad Jammu and Kashmir Council, the orders of the Govt./Prime Minister and the matters where concurrence or grant from the Finance Department or recommendations of the Selection Board etc. are required.
2. Establishment of Labour Courts, Drugs Court, rent control Courts and all special Courts and tribunal except Courts of revenue rehabilitation and custodian department.
3. Recommendations/nominations for appointments to Income Tax Tribunal and Banking Tribunal and Banking Courts.
4. Conferment of Magisterial and Judicial Powers.
5. Cases of approval of rules for employees of the Superior Courts under Section 47-A of the Constitution.
6. Coordination in matters concerning training at Shariat Academy and Judicial Academy.
7. Approval of rules of procedure for the High Court and sub-ordinate Courts under Section 44-A of the Constitution.
(D) Administration and Account Wing
1. Service matters relating to the Officers of Law Department and its attached Department and Special Institutions except appointment to the post of Secretary Law.
2. Purchase of stores and capital goods for the Departmentback to top
Published: 23-05-2016, Source: http://ajk.gov.pk