Mandates
Prosecution of Criminal Cases
1. Prosecute criminal cases before the court, if:
(a) delegated by the OAG, through the issuance of the Power of Attorney by the Attorney General; or
(b) authorized and empowered by the specific laws in consultation with the OAG.
2. Serve as the focal or contact person for the cases referred to the OAG.
3. Coordinate with, and provide support to the OAG regarding cases referred for prosecution:
(a) including providing information and documents related to sector-specific cases; and
(b) follow-up on the court judgments and appeals.
Civil Litigation Functions
1. Institute Civil Cases before the Court or arbitral tribunal on behalf of the Dzongkhag.
2. Represents the Dzongkhag before the Court or arbitral tribunal in civil cases.
3. Be a focal for civil cases, if it is forwarded to the OAG for litigation.
4. Enforce court judgment in civil cases, or arbitral awards.
Advisory Functions and Legal Services
1. Provide legal advice on matters relating to the law and such other issues to the Dzongdag, sector heads and Gups.
2. Act as a legal adviser to the policy formulation team of the Dzongkhag.
3. Provide legal advice to the Dzongkhag Tshogdu when in session.
4. Provide legal advice to Committees under the Dzongkhag Administration, whenever required.
5. Serve as a Gender Focal Point, Probation Officer and Child Protection Officers as required under the Child Care and Protection Act.
6. Represent the Dzongkhag in meetings and workshops related to legislation and legal matters, if invited by the concerned agency.
Investigative Functions
1. Lead or be a member of any investigation team of the Dzongkhag when necessary or when a complaint is received from within the Dzongkhag, or when referred by the ACC, RAA, ECB, NLCS, or any other agencies.
2. Ensure that due process of law is followed during investigations.
3. Prepare and submit the investigation report to the relevant authorities for further legal action.
Drafting and Review Functions
1. Draft or review manuals, guidelines, frameworks, rules, procedures and Standard Operating Procedures.
2. Assist in drafting the Annual Performance Agreement when assigned or execute any other legal agreements.
3. Seek any technical advice or support from the OAG in drafting, consulting or vetting of the delegated legislations.
4. Review relevant Acts of the local government, and submit recommendations to the OAG.
Legal Advocacy and Dissemination of Functions
1. Disseminate information relating to relevant laws to the general public and students in consultation with the OAG.
2. Conduct a legal orientation program to Dzongkhag Tshogdu members on relevant laws, rules and regulations.
Quasi-judicial Functions
1. Serve as a member of a Human Resource Committee or Disciplinary Committee of the concerned Dzongkhag and ensure that the Committee follows the due process of law, and principles of natural justice while arriving at the decision.
2. Serve as a member secretary in adjudication of election and tenancy related disputes.
3. Serve as a member of committees as required by the laws, or as may be assigned by the Dzongdag.
Legal Research Functions
1. Conduct legal research on issues assigned by the Dzongdag or Chairperson of the Dzongkhag Tshogdu, whenever required.
Repository and Documentation Functions
1. Serve as a repository including maintaining archives for legislations and other legal instruments relevant or entered into by the Dzongkhag.
2. Ensure documentation, and record-keeping of legal documents, and correspondence of the legal section.
Legal Assistance to Gewogs
1. Provide any legal advice to the Gewog Administration.
2. Assist Gewog Administration in mediation of cases.
3. Guide and assist in formation of cooperative Tshogpas or committees.
4. Guide and assist illiterate citizens in the compilation of legal documents.
5. Review any application made to the Gewog Administration.
6. Assist in preparing legal documents for inheritance of properties, transfer of lands, and domestic violence etc. for the people in the Gewog.
7. Ensure, guide and counsel on the lawful implementation of the Local Government Act and upholding of the provisions of the same.
8. Advise on, assist in, or review any rules or regulations proposed by Gewog Tshogde.
9. Provide legal advice to the Gewog Tshogde when in session.
10. Conduct a legal orientation program to Gewog Tshogde members on relevant laws, rules or regulations.
11. Conduct legal research on issues assigned by the Gewog Tshogde, whenever required.
12. Provide legal advice on any legal issues related to the communities of a Gewog in terms of any disputes that may arise.
13. Undertake any activities and provide lawful guidance consistent with the laws of the country and policies that will enhance the environment, preservation of culture and community vitality.
14. Conduct legal awareness programmes to the communities under the Gewog.
15. Ensure that any levies, fee, tolls or duties that are imposed by the local government and Gewog Administration are in accordance with laws.
16. Assist prospective cooperatives during the initial formation in rendering legal advice and reviewing any legal documents.
17. Assist, if required, during the election of, and settlement of any disputes related to the election of the Gewog leaders.
18. Be the focal person in the issues related to legal aid, legal aid need assessment and in providing legal aid support services.
19. Assist, or be a member of, or lead any investigation that may be required in a dispute in the Gewog.
20. Prepare reports, or review and finalize any reports for the submission to the concerned authorities.
21. Submit any legal opinion related to Gewog Administration.
No. of staff : 01
Male : 01
Female : 00
Note: Information as of 06/09/2024
