Introduction

Law and Judiciary Department is mainly a technical department which primarily deals with legal opinion and Legislative Drafting and conveyancing.
The Department also deals with administration of Sub-Ordinate Judiciary in the State administration of Charity Organization, Office of Administrator General and Official Trustee, Registrar of Partnership Firm, Sheriff Office, Government Administered Temples.
The Administrative work of the department is distributed amongst 26 Desks.
The work of Legal Opinion and Legislative Drafting is distributed in between four branches known as ‘A’, ‘B’, ‘E’ & ‘M’.

A’ BRANCH (OPINION BRANCH) –

‘A’ Branch mainly tenders opinion to all administrative departments of Mantralaya in the matter in which law points (Civil as well as Criminal nature) are involved.
It also deals with Criminal Litigation i.e. scrutiny of Appeal Proposals for filing of appeals in the Session Court for enhancement of sentence, filing of appeal in the High Court / filing of S.LP. in the Supreme Court against the order of acquittal and for enhancement of sentence. Filing of Revision Application for cancellation of Bail and against order passed in Criminal Misc. Application by the Trial Court/Lower Court.
‘A’ Branch is also do scrutiny of the proposals in respect of according sanction to prosecute public servants under the provision of Code of Criminal Procedure and Prevention of Corruption Act, 1988 and scrutiny of draft Sanction Orders in such matter
To give advice in respect of withdrawal of prosecution under Section 321 of Code of Criminal Procedure and Factories Act, 1948.
To issue instructions for appointment of “Special Counsel” for conducting criminal litigation on behalf of the State of Maharashtra before the High Court as well as Supreme Court.
To issue instructions to the Government Advocate for appearance on behalf of the State of Maharashtra before the Supreme Court in Criminal S.L.P
To issue instructions to the Public Prosecutor, Sessions Court and High Court of Bombay to appear and defend the criminal cases on behalf of Government of Other States. To request the Law Department of Other State Governments to issue instructions to their Public Prosecutors for conducting criminal cases on behalf of State of Maharashtra filed in the Lower Court/High Court of Other States.

B’ BRANCH (LEGISLATION BRANCH) –

‘B’ Branch mainly do the following work:

The technical work relating to the Government Bills and Ordinances, in relation to the List II (State List) and List III (Concurrent List) in the Seventh Schedule to the Constitution of India

Scrutiny of various subordinate legislations such as statutory rules, notifications, regulations, bye-laws, orders, schemes, etc., which are required to be issued by the Mantralaya Departments of the State Government under various Central Acts and State Acts.

Examination of proposals (as to its expediency and competency of the State Legislature from its legal point of view) for new legislations as well as Non-official Bills received from the Maharashtra Legislature Secretariat,.

The technical work relating to the legislation in the State Legislature

‘E’ BRANCH (LITIGATION BRANCH) –

‘E’ Branch opines in the civil matters pertaining to pending litigation in the Supreme Court of India, High Court on original side (including sales tax reference), Writ petition in High Court (Appellate Side), Central Administrative Tribunal, Maharashtra Administrative Tribunal, City Civil Court and Small Causes Court. It also deals with the work related to Admiralty Jurisdiction; Suits and Summonses. E Branch examines/vets the documents, i.e. Agreements, Tenders, Memorandum of Understanding, etc. to be executed by the Government of the State of Maharashtra.

NOTARY CELL-

Notary Cell of ‘E’ Branch deals with the Notaries Act, 1952 and Notaries Rules, 1956, i.e. Appointments of Notaries, the Renewal of Certificate of Practice of Notaries and complaints against Notaries for professional misconduct.

‘M’ BRANCH (MOFFUSSIL LITIGATION BRANCH) –

The Mofussil Litigation work includes giving advice on feasibility of institution or defending litigation on behalf of Government, scrutiny of plaints and written statements and taking decisions regarding filing of appeals or otherwise in different courts in respect of Civil Litigation in the mofussil area excluding Vidarbha and Marathwada Regions

LAW AND JUDICIARY DEPARTMENT – BOARD FUNCTIONS

To monitor and supervise litigation of Government in all the courts.
To advise the Government and its Departments in connection with legal and legislative matters
To administer all offices of Government Pleaders at the District, High Court and Supreme Court level, the offices of Charity Commissioner, Registrar of Firms, Administrator General and Official Trustee, etc.
To make appointment of Law Officers, Special Counsels, Special Public Prosecutors etc.
To establish Courts, provide infrastructural facilities in the courts and make appointment of Judges in the Subordinate Courts in consultation with the High Court.