Legal

Functions and Responsibilities of Legal Department

Legal Issues:-
Court matters:-
  1. Scrutinize of petitions received, entry in database, forward to the respective departments. Process for decision to file vakalat after due analysis.
  2. Prepare para-wise comments and draft counter affidavit with respect to the petition filed in coordination with the operating department and process for internal administrative approvals.
  3. Send the vetted parawise comments to the concerned counsel for finalization of the counter affidavit and follow up.
  4. Scrutinize of decisions of the Court and process for decision to file appeal/review and prepare arguments as necessary.
  5. Attend the discussion sessions with Counsel/Sr Counsel and court hearings from time to time wherever necessary and follow up. Attend court sessions and assess need to file additional affidavit or rejoinder as needed.
  6. Conferences and constant interactions with counsels with respect to the legal matters – attend with the concerned officer of the operating department.
  7. Prepare periodical reports relating to the cases.
  8. Process payment of fees to counsel, Senior Counsels.
  9. Interface with operating department and assistance to the concerned HOD on the legal cases as well as legal issues and provide regular updates to the superior officer.
  10. Maintain respective files and documents, movement of the files through RNI and ongoing status updating in RNI
Legal References-
  1. Receive all references and process with due analysis.
  2. Process for vetting of Show Cause Notices, Agreements of Authority with other parties and Orders of the Authority
  3. Participate in discussions where necessary with concerned operating department and obtain clarifications on the above.
  4. Receive all references on legal opinions and process with due analysis.
  5. Prepare background materials on the above with guidance from superior officer.
  6. Participate in discussion where necessary with concerned department, work on clarifications if any.
  7. Enter and maintain in database in respect of SCN, Agreements, Orders and legal opinions etc and bringing out periodical reports.
  8. Maintain respective files and documents, movement of the files through RNI and ongoing status updating in RNI.
Legal Policy:-
RTI Management:-
  1. Receive and maintain RTI Applications / Appeals / CIC order / General from dispatch.
  2. Scan the RTI applications /Appeals /CIC Order / General dak. Similarly, scan Indian Postal Order/Demand Draft and forward to Accounts Section.
  3. Segregate above inward Applications, Appeals, CIC’s Order and General dak and send to concerned officers.
  4. Screen the validity of the RTI Applications/Appeals and return the RTI applications, if not valid.
  5. Analyse the applications and identify the respective CPIOs with the help of Supervisory Officer where needed.
  6. Make entries of RTI applications, appeals, CIC’s Order etc in RNI System.
  7. Forward the RTI applications, Appeals etc to the concerned CPIOs and First Appellate Authority (FAA) and send reminders where needed. Send reminder to CPIO’s and FAA for CIC hearings.
  8. Receive replies from respective CPIO’s & FAA and scan the same.
  9. Forward CIC’s order to the respective CPIOs and FAA.
  10. Prepare the monthly statement of RTI Applications / Appeals and MIS matters.
  11. Maintain respective files and documents, movement of the files through RNI and ongoing status updating in RNI.
RTI Issues:-
  1. General Issues relating to RTI applications/appeals.
  2. Draft Appellate Authority Order and send to the applicant/appellant within the deadline.
  3. Proposed software (RAMS) – Interaction with Centre of Good Governance (CGG).
  4. Update the department with latest case law on RTI
  5. Update CPIOs with latest orders, issues and facilitate their periodic training.
  6. Maintain database of Appellate Authority Orders.
  7. Periodic review of RTI compliance with concerned departments and flag issues thereto.
  8. Periodic review of website, in particular with reference to RTI & related compliance and (cause) updation thereof.
  9. Maintain respective files and documents, movement of the files through RNI and ongoing status updating in RNI.
Legal Jurisprudence:-
  1. Matters relating to Insurance Act 1938 and IRDA Act 1999 and Regulations made thereunder.
  2. Insurance (Amendment) Bill 2008.
  3. Interpretation of provisions of legislations and/or regulations framed thereon.
  4. Research in relevant Law both domestic and international.
  5. Relevant Case Laws both domestic and international.
  6. Committees constituted by IRDA relating to legal areas – examine issues thereof.
  7. Compilation of important Court Orders involving IRDA and compilation of action needed thereunder.
  8. Primary Legislation/ Subordinate Legislation (Acts/Regulations).
  9. Legal library of case reporters and books on law.
  10. Periodically update the department and ED (Admn).
  11. Maintain respective files and documents, movement of the files through RNI and ongoing status updating in RNI.