Advice and Opinion
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.
(1) Main Legislation.
function of the Law Department with regard to the preparation
of Main legislation is to put in to technical shape the
Projects of Legislation of which the policy has been approved
by the Government. 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.
to routine legislative work; legislative measures to codify
and consolidate existing enactments and legislation of a
formal character such as repealing and amending Bills etc
are also initiated in this Department. Private Member Bills
to be introduced in the Legislative Assembly are also dealt
with by the Department as part of its legislative business.
The Department is also concerned with papers relating to
preparation of reports of select committees and Subject
committees on Bills. Apart from the above, the legislation
wing is also entrusted with initiation of proposals for
legislation in regard to personal Laws or any other matter
of a general nature not pertaining to any other Departments.
Whenever any department of the Secretariat proposes:
(i) To issue a statutory rule, notification or order; or
(ii) To sanction under a statutory power the issue of an
rules, bye-law, notification or order by a Subordinate authority;
(iii) To submit to the Central Government any draft, statutory
rule, notification or order.
In order to issue them, concerned Department prepares a
draft which is forwarded to the Law Department for opinion
as well as scrutiny. The draft is examined by the Law Department
with reference to its legal validity and form of drafting.
In the absence of precedents with regard to the form of
drafting, the draft is compared with the corresponding rules
or notification framed by the Government of India or by
any other State Governments on the same subject and necessary
alteration made. Revised drafts are also prepared in appropriate
cases by the Law Department.
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. Lists containing references to the enactments that
are applicable to the State as on 1st January
of every year are also published. The reprinting of individual
enactments with amendments incorporated is also undertaken
by the Law Department, the State Code containing the enactments
in force in the State are also published. The State Code
and the Rules Code are periodically revised.
The Publication Wing also maintain folder volumes containing
individual Acts and the rules and notifications issued there
under as corrected up-to-date. These folder volumes will
not be removed from the section on any account and will
be available in the sections for reference purposes. Registers
containing details regarding the Acts passed, the amendments,
if any, to the Acts, the date on which the Acts come into
force, the rules and notifications issued under each Act,
etc., will be maintained by the Publication wing of the
Legal Advice and Opinion
reference to the Law Department for legal opinion
on any specified legal point may be made by any Department
of the Secretariat. Such advice may be sought on the
Interpretation of Statutes, Statutory rules, bye-laws,
Cases, in which disputes have arisen or are likely
to arise between Government and other persons or action
in a Court of Law is threatened against Government.
Defamatory attacks on Government Servants.
Cases where sanction of Government has been has been
sought for prosecuting Government Servants.
Matters relating to disciplinary proceedings.
Appeals from acquittals and filing of appeals where
interests of Government are involved.
Guiding and co-ordinating the work in connection with
the prosecution of Government cases and defence of
cases filed against Government and Scrutiny of Statement
Cases where the legal opinion of the Advocate General
has to obtained.
Interpretation or judgments, Orders etc of Courts.
The Law Department thus function as an advisory department
to the Government.
conveyancing work of the Department consist of:-
scrutiny of title deeds;
and scrutiny of the deeds of conveyance;
legal advice to other Department of the Secretariat
on stamp duty, registration, etc.
The State Acts and Ordinances are translated in to Malayalam
by the Translation Section of the Law Department. Acts and
Ordinances are also translated in to Tamil and Kannada when
such translations are found necessary. 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 to – translation
of documents in to English whenever such translation is
found necessary. All other Miscellaneous work at Government
level is attended to by this section.
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. For more details Visit