The Haryana Law Officers (Engagement) Act, 2016

Regd. No. CHD/0093/2015–2017 
 
 
 
Haryana Government Gazette 
EXTRAORDINARY 
Published by Authority 
© Govt.  of   Haryana  
No. 149-2016/Ext]   CHANDIGARH, WEDNESDAY, SEPTEMBER  14,  2016  (BHADRA  23, 1938  SAKA) 
LEGISLATIVE SUPPLEMENT 
  CONTENTS PAGES 
PART-I ACTS  
THE HARYANA LAW OFFICERS (ENGAGEMENT) ACT, 2016   101—1 03 
(HARYANA ACT NO. 18 OF 2016) 
PART-II ORDINANCES     
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PART-IV CORRECTION SLIPS, REPUBLICATIONS AND  
REPLACEMENTS 
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 HARYANA  GOVT.  GAZ.  (EXTRA.),  SEPT. 14,  2016  (BHDR. 23,  1938  SAKA) 101 
 
PART - I 
HARYANA  GOVERNMENT 
LAW  AND  LEGISLATIVE  DEPARTMENT 
Notification 
The 14th September, 2016 
No. Leg. 22/2016.— The following Act of the Legislature of the State of Haryana received 
the assent of the Governor of Haryana on the 1 0th September, 2016 and is hereby published for 
general information:—  
 HARYANA ACT NO.  18 OF  2016                
 
THE HARYANA LAW OFFICERS (ENGAGEMENT) ACT, 2016 
AN 
ACT 
        to provide for a system of engagement of Law Officers in the office of Advocate General in a 
transparent, fair and objective manner and for matters connected therewith or incidental thereto.  
 Be it enacted by the Legislature of the State of  Haryana in the Sixty- seventh Year of the  
Republic of India as follows:- 
 
1. (1) This Act may be called the Haryana Law Officers (Engagement) Act, 2016. 
 (2) It shall come into force with immediate effect. 
Short title and 
Commencement. 
2. In this Act, unless the context otherwise requires,- 
(a) “Advocate General” means a person appointed under article 165 of the Con stitution 
of India as Advocate General for the State of Haryana and includes any person 
appointed to act temporarily as such; 
(b) “category” means the category of post of Law Officers, as may be prescribed and 
includes such other category, as may be determ ined by the State Government, by 
notification; 
(c) “Law Officer” means an Advocate appointed under this Act as Law Officer in the 
office of Advocate General; 
(d) “Selection Committee” means a committee constituted under Section 5; 
(e) “State Government” means the Government of the State of Haryana.   
Definitions. 
3. (1) The Advocate General shall, from time to time make an assessment regarding 
requirement of Law Officers in various categories and shall submit his recommendations to the 
State Government for  the creation, abolition or filling up of posts of Law Officers in various 
categories, as the case may be. 
 (2) The State Government shall, having regard to the recommendations of the Advocate 
General, take decision for the creation, abolition or filling u p of posts of Law Officers in various 
categories, as the case may be.  
Assessment of 
posts. 
4. The State Government shall be the appointing authority for the various categories of posts 
under this Act.  
Appointing 
authority. 
5. The State Government shall, by notification, constitute a Selection Committee consisting of 
a Chairperson and such other members, as may be determined by the State Government, for the 
selection of suitable Advocates to be appointed as Law Officers. 
Constitution of  
Selection 
Committee. 
6. (1) The Selection Committee shall, as per the decision taken by the State Government, 
regarding appointment of Law Officers in various categories, follow such procedure, as may be 
prescribed. 
 (2) The Selection Committee shall prepare a panel of n ames of Advocates as per 
eligibility, merit and suitability and shall submit its recommendations to the State Government.  
 (3) On the recommendations made by the Selection Committee, the State Government 
shall, by order, make the appointment of Law Officers to the various categories: 
 Provided that the Advocate General may, with the approval of State Government, engage 
upto five Advocates, who, in his opinion possess such special qualifications and experience as he 
deem suitable, as Law Officers keeping in view the exigencies and for smooth functioning of his 
office. 
Functions of 
Selection 
Committee. 
 
 
102 HARYANA  GOVT.  GAZ.  (EXTRA.),  SEPT. 14,  2016  (BHDR.  23,  1938  SAKA) 
Eligibility 
criteria. 
7. The eligibility criteria for selection of Law Officers shall be such, as may be prescribe d. 
Disqualifications. 8. An Advocate shall b e disqualified for being appointed, or for continuing as a Law Officer, 
if,- 
(a) he is found to be a person of unsound mind; 
(b) he is an undischarged insolvent; 
(c) he has been convicted of an offence involving moral turpitude and such conviction has 
not been reversed or he has not been granted full pardon in respect of such offence;  
(d) he has been held guilty of encroachment on any public property; 
(e) he has been or is disqualified by the Bar Council of the State, where he has been 
enrolled or Bar Council of India or any court or authority;  
(f) he, having a spouse living, has entered into or contracted a marriage; or 
(g) he has entered into or contracted a marriage with a person having a spouse living:  
 Provided that the State Government may, if satisfied that such marriage is permissible under 
the personal law applicable to such person and the other party to the marriage and that there are 
other grounds for so doing, exempt any person from the operation of clause (f) and (g) of this 
section.  
Nature of 
engagement. 
9. The engagement of Law Officers to the various categories shall be on contract basis and 
shall be engaged for such term, entitled to such benefits, privileges and corresponding protocol, as 
may be determined by the State Government by specif ically mentioning the same in the terms and 
conditions of their engagement.  
Duties of 
Law Officer. 
10. (1) It shall be the duty of a Law Officer,- 
(a) to give advice to the State Government upon such legal matters, and to perform 
such other duties of a l egal character, as may from time to time, be referred or 
assigned to him by the State Government or Advocate General; 
(b) to appear and defend the State Government and/or its officers/officials or any 
Statutory authority before the High Court, Supreme Cour t of India, any other 
court, Tribunal or authority in cases assigned by the State Government or 
Advocate General by any general or special order/instruction or otherwise 
required by any Court or authority; 
(c) to represent the State Government in any refer ence made by the President to the 
Supreme Court under Article 143 of the Constitution of India; 
(d) to discharge such other functions as are conferred on a Law Officer by or under 
the Constitution of India or any other Law for the time being in force. 
(2)  The Law Officer shall not appear before any court of law against the interest of the 
State Government. 
Head office. 11.  (1) The Head office of the Law Officer shall be at Chandigarh. 
 (2) A Law Officer, who has been assigned cases beyond headquarter, shall with the 
permission of Advocate General hold the charge at that place. 
Leave and other 
matters. 
12. The leave and other matters relating to appointment of Law Officers not specifically 
provided in this Act shall be such, as may be prescribed. 
Power to 
disengage. 
13. Notwithstanding anything contained in this Act, the State Government may, in consultation 
with or on the recommendations of the Advocate General, as the case may be, disengage or 
dispense with engagement of any Law Officer from his office. 
Right to engage 
other advocates. 
 
14. The State Government or the Advocate General with the approval of the State Government 
shall have the right to engage any Advocate, not having been appointed as Law Officer, to institute, 
prosecute or defend any part icular case or class of cases on behalf of the State Government and/or 
its officers/officials and its instrumentalities. 
Power to make 
rules. 
15. The State Government may, by notification, make rules for carrying out the purposes of this 
Act. 
 
 
 
 
 
 HARYANA  GOVT.  GAZ.  (EXTRA.),  SEPT. 14,  2016  (BHDR. 23,  1938  SAKA) 103 
 
16. If any difficulty arises in giving effect to the provisions of this Act, the State Government 
may, by order published in the Official Gazette, make provisions, not inconsistent with the 
provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. 
Power to remove 
difficulties. 
17.  (1) The engagement or extension of Law Officers in the office of Advocate General 
appointed before the commencement of this Act, shall not be affected. 
 (2) Any action, decision or direction taken or directed by the Advocate General, in force 
before the commencement of this Act, shall be valid and binding, as the case may be and shall 
remain in force notwithstanding anything contained in this Act. 
 
Savings. 
 
KULDIP  JAIN, 
Secretary to Government Haryana,  
Law and Legislative Department. 
 
 
 
 
 
    
54642—L .R.—H.G.P., Chd.  
 

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