the himachal pradesh law department manual - Government of ...

FOR OFFICIAL USE ONLY 

GOVERNMENT OF HIMACHAL PRADESH 

LAW DEPARTMENT 

THE HIMACHAL PRADESH 


MANUAL 

Printed by : 

THE CONTROLLER, PRINTING AND STATIONERY, H. P. SHIMLA-5

FOR OFFICIAL USE ONLY 



THE HIMACHAL PRADESH 

LAW DEPARTMENT MANUAL 

COLLECTION AND DIGEST OF RULES, ORDERS AND 

INSTRUCTIONS RELATING TO THE MANAGEMENT 

OF LEGAL AFFAIRS OF THE HIMACHAL PRADESH 

GOVERNMENT 

May, 2006 

Compiled by: 

Sh. Surinder Singh Thakur, 

Legal Remembrancer and Principal Secretary (Law) 

to the Government of Himachal Pradesh 

and 

Sh. D. S. Parihar 

Assistant Legal Remembrancer-cum-Under Secretary 

(Law-Legislation) to the Government of Himachal Pradesh 

This Manual and the Hand Book on preparation and passing of the Bills are 

available on Web site ://himachal.nic.in.

F O R E W O R D 

The Law Department of the State has brought out the 

Law Department Manual containing the matters regarding civil 

and criminal nature for and against the State Government and 

also given the procedure to handle these matters for quick 

disposal to avoid unnecessary objections. Further it also 

contains the important instructions issued on various matters, 

therefore, this Compendium which is the result of hard labour 

put by the Law Department under the guidance of Shri Surinder 

Singh Thakur, Legal Remembrancer-cum-Principal Secretary 

(Law), would benefit all in the working of the Government. 

I congratulate the whole team of the Law Department 

involved in the completion of this work and hope that all 

concerned would make best use of this Manual. 

SHIMLA: 

20th April, 2006. 

(Virbhadra Singh) 

Chief Minister 

Himachal Pradesh.

INTRODUCTION 

The State Law Department under the guidance of Legal 

Remembrancer-cum-Principal Secretary (Law) has made 

excellent attempt to bring out the Law Department Manual 

which is much in need for the smooth working of the various 

departments on legal matters. This manual contains precisely 

the matters of criminal business relevant to this Department and 

Civil business which is controlled by the Law Department of the 

State. This book is also a compendium of instructions issued by 

the Law Department from time to time. It will help all 

departments of the Government to deal with such matters 

promptly and logically. 

I must congratulate all the Officials, Officers and Shri 

Surinder Singh Thakur, Legal Remembrancer-cum-Principal 

Secretary (Law) to the Government of Himachal Pradesh for 

taking pains to streamline the working of Law Department and I 

am also quite confident that all concerned will make best use of 

this manual. 

SHIMLA: 

(Kaul Singh Thakur) 

Law Minister 

Himachal Pradesh

18th April, 2006. 

P R E F A C E 

The Law Department Manual is the result of hard Labour 

put by each of us, as even for guidance, we could not get it even 

from the neighbouring State of Punjab and Haryana, as they 

were also relying upon the pre-partition Law Manual (Lahore 

Print). We have tried to assimilate the procedure in the 

civil/criminal matters (relevant to this department) for and 

against the Government and its Officials to avoid any conflict or 

ambiguity. Further we have also added the instructions relevant 

to the topics issued by the State Law Department from time to 

time alongwith the necessary information under the Right to 

Information Act, 2005. This Compendium is now a 

comprehensive book, which will serve the need of all the 

Secretaries and Head of the Departments of the State while 

processing such matters. 

I trust that all the concerned would find this Manual quite 

useful and interesting while processing the matters. 

(Surinder Singh Thakur) 

Legal Remembrancer-cum-Principal Secretary (Law) 

to the Government of Himachal Pradesh.

SHIMLA: 

10th April, 2006. 

Hierarchy of the Law Department 

Minister-in-charge 

Legal Remembrancer-cum-Principal Secretary/Secretary (Law) 

Administrative Litigation Legislation Opinion Official 

Wing Wing Wing Wing Language 

Under Secretary Special Secretary DLR-cum-Deputy ALR-cum-Under Under 

(Law) (Law) Secretary (Law) Secretary Secretary 

(Opinion) (Law) 

Section Addl. Secretary A.L.R.-cum-Under Sr. Law Sr. Law 

Officer (Litigation) Secretary (Legislation) Officers Officers 

Superintendent 

Superintendent Sr. Law Officer Law Officers Law Officers 

(Litigation Cell) 

Law Officer 

Superintendent 

(Codification)

[Officers and Official of the Law Department designated as Appellate 

Authority, Public Information Officers and Assistant Public 

Information Officers under the Right to Information Act, 2005 

(Act No. 22 of 2005)] 1 

Designation Office E-mail Telephone Annexure 

Address Address No. "K" 

1 2 3 4 5 

L.R.-cum- Room No. lawbr6-hp@ 2621544 

Pr. Secretary E-232, H.P. nic.in 2880632 

(Law) 

Secretariat, 

Shimla-2. 

Information Officers: 

Additional Room No. A-111, lawbr6-hp@ 2626359 

Secretary (Law). H.P. Secretariat, nic.in 2880641 

Shimla. 

Deputy Room No. E-302, -do- 2628487 

Secretary H.P. Secretariat, 2880558 

(Law-Legislation). Shimla-2. 

Assistant Public Information Officers : 

Under Secretary Room No. A-326, -do- 2628489 

(Law-Opinion). H.P. Secretariat, 2880443 

Shimla-2. 

Sr. Law Officer Room No. E-303 -do- 2880539 

(English). 


(Law). H.P. Secretariat, 2880670 

Shimla-2. 

Section Officer E-312 -do- 2880439 

(Law). 


1. Annexure—"K".

(Law-Legislation). H.P. Secretariat, 2880441 

Shimla-2. 

Sr. Law Officer Room No. E-307 -do- 2880578 

(Hindi). 

Superintendent Room No. E-314 -do- 2880554 

(Litigation). 



NOTIFICATION 

Shimla-2, the 3rd May, 2006 

No. LLR-E(9)-5/2006-Leg.—The Governor, Himachal Pradesh is pleased 

to repeal the Punjab Law Department Manual, 1934, in its application to the State 

of Himachal Pradesh, with effect from 15th May, 2006, provided that such repeal 

shall not affect the previous operations of said Manual or anything done or action 

taken thereunder. 

The Governor is further pleased to notify the 15th May, 2006, as the date 

from which the provisions of the Himachal Pradesh Law Department Manual, 2006 

shall come into force. 

By order, 

(SURINDER SINGH THAKUR), 

LR-cum-Principal Secretary (Law) 

to the Government of Himachal Pradesh.

(Published in H. P. Rajpatra (Extra ordinary) dated 3-5-2006 pages, No. 859 & 860. 

CHAPTERS : 

INDEX 

PART-I 

GENERAL MANAGEMENT AND OPINION WORK 

Page 

1. Management 1 

2. References and Opinion 25 

PART-II 

CRIMINAL BUSINESS, CRIMINAL PROCEEDINGS BY AND ON BEHALF 

OF THE STATE GOVERNMENT 

3. Agency (General) 29 

4. Public Prosecutors 30 

5 Defence of Government Servants 35 

PART-III 

SUIT RULES—CIVIL BUSINESS. 

6. Agency (General) 39 

7. Government Pleaders for Districts 43 

8. Suit Rules—Definitions 43 

9. Suit General 45 

10. Suit Rules—Institution of suits 48 

11. Suit Rules—Defence of suits 50 

12. Suit by or against the Public Officers 58 

13. Suit Rules—Action on the termination of a suit 60 

14. Execution of Decrees 62 

15. Arbitration 64 

16. Fees in Civil Cases 68 

Annexure-A 70

Annexure-B 148 

Annexure-C 149 

Annexure-D 150 

Annexure-E 151 

Page 

Annexure-F 158 

Annexure G 160 

Annexure-H 161 

Annexure-I 164 

Annexure-J 168 

Annexure-K 171

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