ENACTMENT
THE
LEGAL SERVICES AUTHORITIES ACT, 1987
CONTENTS
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
THE NATIONAL LEGAL SERVICES AUTHORITY
3. Constitution of the National Legal Services Authority
3A. Supreme Court Legal Services Committee
4. Functions of the Central Authority
5. Central Authority to work in coordination with other agencies
CHAPTER - III
STATE LEGAL SERVICES AUTHORITY
6. Constitution of State Legal Services Authority
7. Functions of the State Authority
8. State Authority to act in coordination with other agencies etc., and
be subject to directions given by Central Authority
8A. High Court Legal Services Committee
9. District Legal Services Authority
10. Functions of District Authority
11. District Authority to act in coordination with other agencies and
be subject to directions given by the Central Authority, etc.
11A. Taluk Legal Services Committee
11B. Functions of Taluk Legal Services Committee
CHAPTER - IV
ENTITLEMENT TO LEGAL SERVICES
12. Criteria for giving legal services
13. Entitlement to legal services
CHAPTER - V
FINANCE, ACCOUNTS AND AUDIT
14. Grants by the Central Government
15. National Legal Aid Fund
16. State Legal Aid fund
17. District Legal Aid Fund
18. Accounts and audit
CHAPTER - VI
LOK ADALATS
19. Organisation of Lok Adalats
20. Cognizance of cases by Lok Adalats
21. Award of Lok Adalat
22. Powers of Lok Adalats
CHAPTER - VI A
PRE-LITIGATION CONCILIATION AND SETTLEMENT
22A. Definitions
22B Establishment of Permanent Lok Adalat
22 C. Cognizance of cases by Permanent Lok Adalat.
22D. Procedure of Permanent Lok Adalat
22E. Award of Permanent Lok Adalat to be final
CHAPTER - VII
MISCELLANEOUS
23. Members and staff of Authorities, Committees and Lok Adalats to be
public servants
24. Protection of action taken in good faith
25. Act to have overriding effect
26. Power to remove difficulties
27. Power of Central Government to make rules
28. Power of State Government to make rules
29. Power to Central Authority to make regulations
29A. Power of State Authority to make regulations
30. Laying of rules and regulations
THE DELHI LEGAL SERVICES AUTHORITY RULES, 1996
1. Short title, extent and commencement.
2. Definitions.
3. The number, experience and qualifications of other members of the State
Authority under cl(c) of sub-section (2) of Sec. 6
4. The powers and functions of the Member Secretary of the State Authority
under sub-section (3) of Sec. 6s
5. The terms of office and other conditions relating thereto, of Members
and Member-Secretary of the State Authority under Sub-Section (4) of Sec.
6
6. The number of officers and other employees of the State Authority under
sub-section (5) of Sec. 6
7. The conditions of service and the salary and allowances of officers
and other employees of the state authority under subsection (6) of Sec.
6
8. The experience and qualifications of Secretary of the High Court Legal
Services Committee under sub-section (3) of Sec. 8A.
9. The number of officers and other employees of the High Court Legal
Services Committee under sub-section (5) of Sec. 8-A and the salary and
allowances payable to them under subsection (5) of Sec. 8A and the conditions
of service and the salary and allowances payable to them under sub-Section
(6) of that section.
10. The number, experience and qualifications of Members of District Authority
under Cl.(b) of Sub-Section (2) of Sec. 9
11. The number of officers and other employees of the District Authority
under sub-section (5) of Sec.9
12. The conditions of service and the salary and allowances of the officers
and other employees of the District Authority under sub-section (6) of
Sec. 9
THE DELHI LEGAL SERVICES AUTHORITY REGULATION, 2002
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
3. Vesting of the Executive Authority
CHAPTER-III
STATE AUTHORITY
4. Other Functions of the State Authority
CHAPTER-IV
CONDUCT OF BUSINESS
5. Meetings
6. Minutes of the Meeting
7. Decisions by way of resolutions
8. Expenditure for the meeting
CHAPTER-V
9. Panel of Advocates
10. Disqualification of Legal Practitioners
11. The duties of the Legal Practitioner
CHAPTER-VI
LEGAL AID
12. Criteria for giving Legal Services
13. Modes of Legal Aid
14. Legal aid not to be given in certain cases
15. Application for legal aid or advice
16. Duty of Aided Person
CHAPTER-VII
LOK ADALAT
17. Procedure for organising Lok Adalat
18. Notice to the parties concerned
CHAPTER-VIII
MISCELLANEOUS
19. Travelling allowance and daily allowance for journeys in connection
with Lok Adalats and Legal Aid programmes of the State Authority :
20. Expenditure from the State Legal Aid Fund
HIGH COURT LEGAL SERVICES COMMITTEE REGULATIONS, 1998
Law Justice and Legislative Affairs Department
1. Short title, extent and commencement.
2. Definitions.
3. The number, experience and qualification of the other members of the
High Court Legal Services Committee Under clause (b) of sub-section (2)
of Section 8-A :
4. Nominated Members –
5. Appointment of Secretary under sub-section (3) of Section 8-A of the
Act.
6. The experience and qualifications of Secretary of the High Court Legal
Services Committee under sub-section (3) of Section 8A
7. The terms of office and other conditions relating thereto, of members
and Secretary of the High Court Legal Services Committee
8. Powers and functions of Committee
9. Functions and powers of the Chairman
10. Functions and powers of the Secretary
11. Meetings of the Committee
12. The number of officers and other employees of the High Court Legal
Services Committee under sub-section (5) of Section 8A and the conditions
of service and the salary and allowances payable to them under sub-secction
(6) of that Section.
13. Entitlement of Legal Services
14. The experience and qualifications of other persons of the Lok Adalats
organised by the High Court Legal Service Committee specified in sub-section
(4) of section 19
15. Audit and Accounts of the Committee
16. Application for the Legal Services
17. Disposal of Applications
18. Modes of Legal Services
19. Legal Services not to be provided in certain cases
20. Legal services may be granted in certain cases
21. Honorarium payable to legal service advocates
22. Duties of aided person
23. Withdrawal of Legal Service
DISTRICT LEGAL SERVICES AUTHORITY REGULATIONS, 1998
THE LEGAL SERVICES AUTHORITIES ACT, 1987
(39 of 1987)
[11th October 1987]
An Act to constitute legal services authorities to provide free and competent
legal Service to the weaker sections of the society to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic
or other disabilities, and to organise Lok Adalats to secure that the
operation of the legal system promotes justice on a basis of equal opportunity.
BE it enacted by Parliament in the Thirty-eighth Year of the Republic
of India as follows: -
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. -
(1) This Act may be called the Legal Services Authorities Act, 1987.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may,
by notification, appoint; and different dates1 may be appointed for different
provisions of this Act and for different States, and any reference to
commencement in any provision of this Act in relation to any State shall
be construed as a reference to the commencement of that provision in that
State.
1. Except Chapter III this Act came into force on 9th November 1995 vide
S.O. 893 (E), dated 9th November 1995.
Chapter III came into force in the State of Sikkim on 9th November 1995
vide S.O. 919 (E), dated 9th November 1995.
Chapter III came into force in the State of Rajasthan on 20th November
1995 vide S.O. 942 (E), dated 20th November 1995.
Chapter III came into force in the State of Andhra Pradesh on 28thNovember,
1995 vide S.O. 941(E), dated 28th November 1996.
Chapter III came into force, on 14th February 1996 vide S.O. 136(E), dated
14th February 1996.
Chapter III came into force in the State of Punjab on 4th March 1996 vide
S.O. 171(E), dated 4th March 1996.
Chapter III came into force in the State of Orissa on 15th May 1996 vide
S.O. 348 (E), dated 15th May 1996.
Chapter III came into force in the State of West Bengal on 1stJuly, 1996
Vide 1st July 1996.
Chapter III came into force on the State of Uttar Pradesh on 5th July
1996 vide S.O. 584(E), dated 21st August 1996.
Chapter III came into force in the State of Madhya Pradesh on 2lst August,
1996vide S.O. 584(E), and dated 2lst August 1996.
Chapter III came into force in the Bihar on 24th September 1996 vide S.O.
658(E), dated 24th September 1996.
2. Definitions.
(1) In this Act, unless the context otherwise requires,
1[(a) “Case” includes a suit or any proceeding before a court;
(aa) “Central Authority” means the National Legal Services
Authority constituted under section 3;
(aaa) “Court” means a civil criminal or revenue court and
includes any tribunal or any other authority constituted under any law
for the time being in force, to exercise judicial or quasi-Judicial functions;]
(b) “District Authority” means a District Legal Services Authority
constituted under section 9;
2[(bb) High Court-Legal Services Committee” means a High Court Legal
Services Committee constituted under section 8A;]
(c) “Legal service” includes the rendering of any service
in the conduct of any case or other legal proceeding before any court
or other authority or tribunal and the giving of advice on any legal matter;
(d) “Lok Adalat” means a Lok Adalat organised under Chapter
VI;
(e) “Notification” means a notification published in the Official
Gazette;
(f) “Prescribed” means prescribed by rules made under this
Act;
2[(ff) “Regulations” means regulations made under this Act;]
(g) “Scheme” means any scheme framed by the Central Authority,
a State Authority or a District Authority for the purpose of giving effect
to any of the provisions of this Act;
(h) “State Authority” means a State Legal Services Authority
constituted under section 6;
(i) “State Government” includes the administrator of a Union
Territory appointed by the President under Article 239 of the Constitution.
2(j) “Supreme Court Legal Services Committee” means the Supreme
Court Legal Services Committee constituted under section 3A;
(k) “Taluk Legal Services Committee” means a Taluk Legal Services
Committee constituted under section 11A.]
(2) Any reference in this Act to any other enactment or any provision
thereof shall, in relation to an area in which such enactment or provision
is not in force, be construed as a reference to the corresponding law
or the relevant provision of the corresponding law, if any, in force in
that area.
1. Subs. by Act 59 of 1994, sec. 2, for clause (a).
2. Ins. by Act 59 of 1994, sec. 2.
CHAPTER II
THE NATIONAL LEGAL SERVICES AUTHORITY
1[3. Constitution of the National Legal Services Authority: –
(1) The Central Government shall constitute a body to be called the National
Legal Services Authority to exercise the powers and perform the functions
conferred on, or assigned to, the Central Authority under this Act.
(2) The Central Authority shall consist of-
(a) The Chief Justice of India who shall be the Patron-in-Chief,
(b) A serving or retired Judge of the Supreme Court to be nominated by
the President, in consultation with the Chief Justice of India, who shall
be the Executive Chairman; and
(c) Such number of other members, possessing such experience and qualifications,
as may prescribed by the Central Government, to be nominated by that Government
in consultation with the Chief Justice of India.
(3) The Central Government shall, in consultation with the Chief Justice
of India, appoint a person to be the Member-Secretary of the Central Authority,
possessing such experience and qualifications as may be prescribed by
that Government, to exercise such powers and perform such duties under
the Executive Chairman of the Central Authority as may be prescribed by
that Government or as may be assigned to him by the Executive Chairman
of that Authority.
(4) The terms of office and other conditions relating thereto, of members
and the Member-Secretary of the Central Authority shall be such as may
be prescribed by the Central Government in consultation with the Chief
Justice of India.
(5) The Central Authority may appoint such number of officers and other
employees as may be prescribed by the Central Government, in consultation
with the Chief Justice of India, for the efficient discharge of its functions
under this Act.
(6) The officers and other employees of the Central Authority shall be
entitled to such salary and allowances and shall be subject to such other
conditions of service as may be prescribed by the Central Government in
consultation with the Chief Justice of India.
(7) The administrative expenses of the Central Authority, including the
salaries, allowances and pensions payable to the Member-Secretary, officers
and other employees of the Central Authority, shall be defrayed out of
the Consolidated Fund of India.
(8) All orders and decisions of the Central Authority shall be authenticated
by the Member-Secretary or any other officer of the Central Authority
duly authorised by the Executive Chairman of that Authority.
(9) No act or proceeding of the Central Authority shall be invalid merely
on the ground of the existence of any vacancy in, or any defect in the
constitution of, the Central Authority.
1. Subs. by Act 59 of 1994, sec. 3.
3A. Supreme Court Legal Services Committee. –
(1) The Central Authority shall constitute a committee to be called the
Supreme Court Legal Services Committee for the purpose of exercising such
powers and performing such functions as may be determined by regulations
made by the Central Authority.
(2) The Committee shall consist of-
(a) A sitting Judge of the Supreme Court who shall be the Chairman; and
(b) Such number of other members possessing such experience and qualifications
as may be prescribed by the Central Government, to be nominated by the
Chief Justice of India.
(3) The Chief Justice of India shall appoint a person to be the Secretary
to the Committee, possessing such experience and qualifications as may
be prescribed by the Central Government.
(4) The terms of office and other conditions relating thereto, of the
members and Secretary of the Committee shall be such as may be determined
by regulations made by the Central Authority.
(5) The Committee may appoint such number of officers and other employees
as may be prescribed by the Central Government, in consultation with the
Chief Justice of India, for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled
to such salary and allowances and shall be subject to such other conditions
of service as may be prescribed by the Central Government in consultation
with the Chief Justice of India.
4. Functions of the Central Authority. -The Central Authority shall 1[***]
perform all or any of the following functions, namely: -
(a) Lay down policies and principles for making legal services available
under the provisions, of this Act;
(b) Frame the most effective and economical schemes for the purpose of
making legal services available under the provisions of this Act;
(c) Utilise the funds at its disposal and make appropriate allocations
of funds to the State Authorities and District Authorities;
(d) Take necessary steps by way of social justice litigation with regard
to consumer protection, environmental protection or any other matter of
special concern to the weaker sections, of the society and for this purpose,
give training to social workers in legal skills;
(e) Organise legal aid camps, especially in rural areas, slums or labour
colonies with the dual purpose of educating the weaker sections of the
society as to their rights as well as encouraging the settlement of disputes
through Lok Adalats;
(f) Encourage the settlement of disputes by way of negotiations, arbitration
and conciliation;
(g) Undertake and promote research in the field of legal services with
special reference to the need for such services among the poor;
(h) To do all things necessary for the purpose of ensuring commitment
to the fundamental duties of citizens under Part IVA of the Constitution;
(i) Monitor and evaluate implementation of the legal aid programmes at
periodic intervals and provide for independent evaluation of programmes
and schemes implemented in whole or in part by funds provided under this
Act;
2[(j) Provide grants-in-aid for specific schemes to various voluntary
social service institutions and the State and District Authorities, from
out of the amounts placed at its disposal for the implementation of legal
services schemes under the provisions of this Act;]
(k) Develop, in consultation with the Bar Council of India, programmes
for clinical legal education and promote guidance and supervise the establishment
and working of legal services clinics in universities, law colleges and
other institutions;
(l) Take appropriate measures for spreading legal literacy and legal awareness
amongst the people and, in particular, to educate weaker sections of the
society about the rights benefits and privileges guaranteed by social
welfare legislations and other enactments as well as administrative programmes
and measures;
(m) Make special efforts to enlist the support of voluntary social welfare
institutions, working at the grass-root level, particularly among the
Scheduled Castes and the Scheduled Tribes, women and rural and urban labour;
and
(n) Coordinate and monitor the functioning of 3[State Authorities, District
Authorities, Supreme Court Legal Services Committee, High Court Legal
Services Committees, Taluk Legal Services Committees and voluntary social
service institutions] and other legal services organisations and give
general directions for the proper implementation of the legal services
programmes.
1. The words, "subject to the general directions of the Central Government"
omitted by Act 59 of 1994, sec. 4.
2. Subs. by Act 59 of 1994, sec. 4 (ii).
3. Subs. for the words” State and District Authorities and other
voluntary social institutions,” by Act 59 of l994, sec. 4.
5. Central Authority to work in coordination with other agencies. -In
the discharge of its functions under this Act, the Central Authority shall,
wherever appropriate, act in coordination with other governmental and
nongovernmental agencies, universities and others engaged in the work
of promoting the cause of legal services to the poor.
CHAPTER III
STATE LEGAL SERVICES AUTHORITY
1[6. Constitution of State Legal Services Authority: -
(1) Every State Government shall constitute a body to be called the Legal
Services Authority for the State to exercise the powers and perform the
functions conferred on, or assigned to, a State Authority under this Act.
(2) A State Authority shall consist of-
(a) The Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) A serving or retired Judge of the High Court, to be nominated by the
Governor, in consultation with the Chief Justice of the High Court, who
shall be the Executive Chairman; and
(c) Such number of other members, possessing such experience and qualifications
as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.
(3) The State Government shall, in consultation with the Chief Justice
of the High Court, appoint a person belonging to the State Higher Judicial
Service, not lower in rank than that of a District Judge, as the Member-Secretary
of the State Authority, to exercise such powers and perform such duties
under the Executive Chairman of the State Authority as may be prescribed
by that Government or as may be assigned to him by the Executive Chairman
of that Authority:
Provided that a person functioning as Secretary of a State Legal Aid and
Advice Board immediately before the date of constitution of the State
Authority may be appointed as Member-Secretary of that Authority, even
if he is not qualified to be appointed as such under this sub-section,
for a period not exceeding five years.
(4) The terms of office and other conditions relating thereto, of members
and the Member-Secretary of the State Authority shall be such as may be
prescribed by the State Government in consultation with the Chief Justice
of the High Court.
(5) The State Authority may appoint such number of officers and other
employees as may be prescribed by the State Government, in consultation
with the Chief Justice of the High Court, for the efficient discharge
of its functions under this Act.
(6) The officers and other employees of the State Authority shall be entitled
to such salary and allowances and shall be subject to such other conditions
of service as may be prescribed by the State Government in consultation
with the Chief Justice of the High Court.
(7) The administrative expenses of the State Authority, including the
salaries, allowances and pensions payable to the Member-Secretary, officers
and other employees of the State Authority shall be defrayed out of the
Consolidated Fund of the State.
(8) All orders and decisions of the State Authority shall be authenticated
by the Member Secretary or any other officer of the State Authority duly
authorised by the Executive Chairman of the State Authority.
(9) No act or proceeding of a State Authority shall be invalid merely
on the ground of the existence of any vacancy in, or any defect in the
constitution of, the State Authority.]
1. Subs. by Act 59 of 1994, sec. 5.
7. Functions of the State Authority. -
(1) It shall be the duty of the State Authority to give effect to the
policy and directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in
sub-section (1), the State Authority shall perform all or any of the following
functions, namely: -
(a) Give legal service to persons who satisfy the criteria laid down under
this Act;
(b) Conduct 1[Lok Adalats including Lok Adalats for High Court cases];
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the State Authority may, in consultation
with the 2 [Central Authority,] fix by regulations.
1 Subs. for the words “Lok Adalats” by Act 59 of 1994, sec.
6.
2. Subs. for the words “Central Government” by Act 59 of 1994,
sec. 6.
1[8. State Authority to act in coordination with other agencies etc.,
and be subject to directions given by Central Authority. -In the discharge
of its functions the State Authority shall appropriately act in coordination
with other governmental agencies, nongovernmental voluntary social service
institutions, universities and other bodies engaged in the work of promoting
the cause of legal services to the poor and shall also be guided by such
directions as the Central Authority may give to it in writing.
1. Subs. for sections 8 and 9 by Act 59 of 1994, sec. 7.
8A. High Court Legal Services Committee. –
(1) The State Authority shall constitute a Committee to be called the
High Court Legal Services Committee for every High Court, for the purpose
of exercising such powers and performing such functions as may be determined
by regulations made by the State Authority.
(2) The Committee shall consist of-
(a) A sitting Judge of the High Court who shall be the Chairman; and
(b) Such number of other as may be determined by regulations made by the
State Authority,
To be nominated by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the
Committee possessing such experience and qualifications as may be prescribed
by the State Government.
(4) The terms of office and other conditions relating thereto, of the
members and Secretary of the Committee shall be such as may be determined
by regulations made by the State Authority.
(5) The Committee may appoint such number of officers and other employees
as may be prescribed by the State Government in consultation with the
Chief Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled
to such salary and allowances and shall be subject to such other conditions
of service as may be prescribed by the State Government in consultation
with the Chief Justice of the High Court.
9. District Legal Services Authority. -
(1) The State Government shall, in consultation with the Chief Justice
of the High Court, constitute a body to be called the District Legal Services
Authority for every District in the State to exercise the powers and perform
the functions conferred on, or assigned to, the District Authority under
this Act.
(2) A District Authority shall consist of-
(a) The District Judge who shall be its Chairman; and
(b) Such number of other members, possessing such experience and qualifications,
as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.
(3) The State Authority shall, in consultation with the Chairman of the
District Authority, appoint a person belonging to the State Judicial Service
not lower in rank than that of a Subordinate Judge or Civil Judge posted
at the seat of the District Judiciary as Secretary of the District Authority
to exercise such powers and perform such duties under the Chairman of
that Committee as may be assigned to him by such Chairman.
(4) The terms of office and other conditions relating thereto, of members
and Secretary of the District Authority shall be such as may be determined
by regulations made by the State Authority in consultation with the Chief
Justice of the High Court.
(5) The District Authority may appoint such number of officers and other
employees as may be prescribed by the State Government in consultation
with the Chief Justice of the High Court for the efficient discharge of
its functions.
(6) The officers and other employees of the District Authority shall be
entitled to such salary and allowances and shall be subject to such other
conditions of service as may be prescribed by the State Government in
consultation with the Chief Justice of the High Court.
(7) The administrative expenses of every District Authority, including
the salaries, allowances and pensions payable to the Secretary, officers
and other employees of the District Authority shall be defrayed out of
the Consolidated Fund of the State.
(8) All orders and decisions of the District Authority shall be authenticated
by the Secretary or by any other officer of the District Authority duly
authorised by the Chairman of that Authority.
(9) No act or proceeding of a District Authority shall be invalid merely
on the ground of the existence of any vacancy in, or any defect in the
Constitution of, the District Authority.]
10. Functions of District Authority. -
(1) It shall be the duty of every District Authority to perform such of
the functions of the State Authority in the District as may be delegated
to it from time to time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in
sub-section (1), the District Authority may perform all or any of the
following functions, namely: -
1[(a) Co-ordinate the activities of the Taluk Legal Services Committee
and other Legal Services in the District];
(b) Organise Lok Adalats within the District; and
(c) Perform such other functions as the State Authority may 2[***] fix
by regulations.
1. Subs. by Act 59 of l994, sec. 8 (i).
2. The words, "in consultation with the State Government," omitted
by Act 59 of 1994, sec. 8.
11. District Authority to act in coordination with other agencies and
be subject to directions given by the Central Authority, etc.-In the discharge
of its functions under this Act, the District Authority shall, wherever
appropriate, act in coordination with other governmental and nongovernmental
institutions, universities and others engaged in the work of promoting
the cause of legal services to the poor and shall also be guided by such
directions as the Central Authority or the State Authority may give to
it in writing.
1[11A. Taluk Legal Services Committee: -
(1) The State Authority may constitute a Committee, to be called the Taluk
Legal Services Committee, for each taluk or manual or for group of taluks
or manuals.
(2) The Committee shall consist of-
(a) The Senior Civil Judge operating within the jurisdiction of the Committee
who shall be the ex officio Chairman; and
(b) Such number of other members, possessing such experience and qualifications,
as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.
(3) The Committee may appoint such number of officers and other employees
as may be prescribed by the State Government in consultation with the
Chief Justice of the High Court for the efficient discharge of its functions.
(4) The officers and other employees of the Committee shall be entitled
to such salary and allowances and shall be subject to such other conditions
of service as may be prescribed by the State Government in consultation
with the Chief Justice of the High Court.
(5) The administrative expenses of the Committee shall be defrayed out
of the District Legal Aid Fund by the District Authority.
1. Ins. by Act 59 of 1994, sec. 9.
11B. Functions of Taluk Legal Services Committee. -The Taluk Legal Services
Committee may perform all or any of the following functions, namely: -
(a) Coordinate the activities of legal services in the taluk
(b) Organise Lok Adalats within the taluk; and
(c) Perform such other functions as the District Authority may assign
to it.]
CHAPTER IV
ENTITLEMENT TO LEGAL SERVICES
12. Criteria for giving legal services. -Every person who has to file
or defend a case shall be entitled to legal services under this Act if
that person, is-
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred to in
Article 23 of the Constitution;
(c) A women or a child;
(d) A mentally ill or otherwise disabled person;
(e) A person under circumstances of undeserved want such as being a victim
of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake
or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including custody in a protective home within the meaning
of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956
(104 of 1956), or in a juvenile home within the meaning of clause (j)
of section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric
hospital or psychiatric nursing home within the meaning of clause (g)
of section 2 of the Mental Health Act, 1987 (14 of 1987); or
1[(h) in receipt of annual income less than rupees nine thousand or such
other higher amount as may be prescribed by the State Government, if the
case is before a court other than the Supreme Court, and less than rupees
twelve thousand or such other higher amount as may be prescribed by the
Central Government, if the case is before the Supreme Court.]
1. Subs. by Act 59 of 1994, sec. 10.
13. Entitlement to Legal Services: -
(1) Poison who satisfy all or any of the criteria specified in section
12 shall be entitled to receive legal services provided that the concerned
Authority is satisfied that such person has a prima facie case to prosecute
or to defend.
(2) An affidavit made by a person as to his income may be regarded as
sufficient for making him eligible to the entitlement of legal services
under this Act unless the concerned Authority has reason to disbelieve
such affidavit.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
14. Grants by the Central Government. -The Central Government shall, after
due appropriation made by Parliament by law in this behalf, pay to the
Central Authority, by way of grants, such sums of money as the Central
Government may think fit for being utilised for the purposes of this Act.
15. National Legal Aid Fund. -
(1) The Central Authority shall establish a fund to be called the National
Legal Aid Fund and there shall be credited thereto-
(a) All sums of money given as grants by the Central Government under
section 14;
(b) Any grants or donations that may be made to the Central Authority
by any other person for the purposes of this Act;
(c) Any amount received by the Central Authority under the orders of any
court or from any other source.
(2) The National Legal Aid Fund shall be applied for meeting-
(a) The cost of legal services provided under this Act including grants
made to State Authorities;
1[(b) The cost of legal services provided by the Supreme Court Legal Services
Committee;
(c) Any other expenses which are required to be met by the Central Authority.]
2. Subs. by Act 59 of 1994, sec. 11.
16. State Legal Aid Fund:-
(1) A State Authority shall establish a fund to be called the State Legal
Aid Fund and there shall be credited thereto-
(a) All sums of money paid to it or any grants made by the Central Authority
for the purposes of this Act;
(b) Any grants or donations that may be made to the State Authority by
the State Government or by any person for the purposes of this Act;
(c) Any other amount received by the State Authority under the orders
of any court or from any other source.
(2) A State Legal Aid Fund shall be applied for meeting-
(a) The cost of functions referred to in section 7;
1[(b) The cost of legal services provided by the High Court Legal Services
Committees;
(c) Any other expenses which are required to be met by the State Authority.]
1. Subs. by Act 59 of 1994, see. 12.
17. District Legal Aid Fund. -
(1) Every District Authority shall establish a fund to be called the District
Legal Aid Fund and there shall be credited thereto-
(a) All sums of money paid or any grants made by the State Authority to
the District Authority for the purposes of this Act;
1[(b) Any grants or donations that may be made to the District Authority
by any person, with the prior approval of the State Authority, for the
purposes of this Act.]
(c) Any other amount received by the District Authority under the orders
of any court or from any other source.
(2) A District Legal Aid Fund shall be applied for meeting-
(a) The cost of functions referred to in section 10 2[and 11 B];
(b) Any other expenses which are required to be met by the District Authority.
1. Subs. by Act 59 of 1994, sec. 13.
2. Ins. by Act 59 of 1994, sec. 13.
18. Accounts and audit. -
(1) The Central Authority, State Authority or the District Authority (hereinafter
referred to in this section as ‘the Authority’), as the case
may be, shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts including the income and expenditure
account and the balance-sheet in such form and in such manner as may be
prescribed by the Central Government in consultation with the Comptroller
and Auditor-General of India.
(2) The accounts of the Authorities shall be audited by the Comptroller
and Auditor General of India at such intervals as may be specified by
him and any expenditure incurred in connection with such audit shall be
payable by the Authority concerned to the Comptroller and Auditor-General
of India.
(3) The Comptroller and Auditor-General of India and any other person
appointed by him in connection with the auditing of the accounts of an
Authority under this Act shall have the same rights and privileges and
Authority in connection with such audit as the Comptroller and Auditor-General
of India has in connection with the auditing of the Government accounts
and, in particular, shall have the right to demand the production of books,
accounts, connected vouchers and other documents and papers and to inspect
any of the offices of the Authorities under this Act.
(4) The accounts of the Authorities, as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this
behalf together with the audit report thereon, shall be forwarded annually
by the Authorities to the Central Government or the State Governments
as the case may be.
1[(5) The Central Government shall cause the accounts and the audit report
received by it under sub-section (4) to be laid, as soon as may be after
they are received, before each House of Parliament.
(6) The State Government shall cause the accounts and the audit report
received by it under sub-section (4) to be laid, as soon as may be after
they are received, before the State Legislature.]
1. Ins. by Act 59 of 1994, sec. 14.
CHAPTER VI
LOK ADALATS
1[19. Organisation of Lok Adalats: -
(1) Every State Authority or District Authority or the Supreme Court Legal
Services Committee or every High Court Legal Services Committee or, as
the case may be, Taluk Legal Services Committee may organise Lok Adalats
at such intervals and places and for exercising such jurisdiction and
for such areas as it thinks fit.
(2) Every Lok Adalat organised for an area shall consist of such number
of-
(a) Serving or retired judicial officers; and
(b) Other persons, of the area as may be specified by the State Authority
or the District Authority or the Supreme Court Legal Services Committee
or the High Court Legal Services Committee, or as the case may be, the
Taluk Legal Services Committee, organising such Lok Adalat.
(3) The experience and qualifications of other persons referred to in
clause (b) of sub-section (2) for Lok Adalats organised by the Supreme
Court Legal Services Committee shall be such as may be prescribed by the
Central Government in consultation with the Chief Justice of India.
(4) The experience and qualifications of other persons referred to in
clause (b) of subsection (2) for Lok Adalats other than referred to in
sub-section (3) shall be such as may be prescribed by the State Government
in consultation with the Chief Justice of the High Court.
(5) A Lok Adalat shall have jurisdiction to determine and to arrive at
a compromise or settlement between the parties to a dispute in respect
of-
(i) Any case pending before; or
(ii) Any matter, which is falling within the jurisdiction of, and is not
brought before, any court for which the Lok Adalat is organised:
Provided that the Lok Adalat shall have no jurisdiction in respect of
any case or matter relating to an offence not compoundable under any law.
1. Subs. for sections 19 and 20 by Act 59 of 1994, sec. 15.
20. Cognizance of cases by Lok Adalats.
(1) Where in any case referred to in clause (i) of sub-section (5) of
section 19; -
(i) (a) The parties thereof agree; or
(b) One of the parties thereof makes an application to the court,
for referring the case to the Lok Adalat for settlement and if such court
is prima facie satisfied that there are chances of such settlement; or
(ii) The court is satisfied that the matter is an appropriate one to be
taken cognizance of by the Lok Adalat,
the court shall refer the case to the Lok Adalat:
Provided that no case shall be referred to the Lok Adalat under sub-clause
(b) of clause (i) or clause (ii) by such court except after giving a reasonable
opportunity of being heard to the parties.
(2) Notwithstanding anything contained in any other law for the time being
in force, the Authority or Committee organising the Lok Adalat under sub-section
(1) of section 19 may, on receipt of an application from any one of the
parties to any matter referred to in clause (ii) of sub-section (5) of
section 19 that such matter needs to be determined by a Lok Adalat, refer
such matter to the Lok Adalat, for determination:
Provided that no matter shall be referred to the Lok Adalat except after
giving a reasonable opportunity of being heard to the other party.
(3) Where any case is referred to a Lok Adalat under sub-section (1) or
where a reference has been made to it under sub-section (2), the Lok Adalat
shall proceed to dispose of the case or matter and arrive at a compromise
or settlement between the parties.
(4) Every Lok Adalat shall, while determining any reference before it
under this Act, act with utmost expedition to arrive at a compromise or
settlement between the parties and shall be guided by the principles of
justice, equity, fair play and other legal principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise
or settlement could be arrived at between the parties, the record of the
case shall be returned by it to the court, from which the reference has
been received under sub-section (1) for disposal in accordance with law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise
or settlement could be arrived at between the parties, in a matter referred
to in sub-section (2), that Lok Adalat shall advice the parties to seek
remedy in a court.
(7) Where the record of the case is returned under sub-section (5) to
the Court, such court shall proceed to deal with such case from the stage,
which was reached before such reference under sub-section (l)].
21. Award of Lok Adalat. –
1[(1) Every award of the Lok Adalat shall be deemed to be a decree of
a civil court or, as the case may be, an order of any other court and
where a compromise or settlement has been arrived at, by a Lok Adalat
in a case referred to it under sub-section (I) of section 20, the court-fee
paid in such case shall be refunded in the manner provided under the Court
Fees Act, (7 of 1870).]
(2) Every award made by a Lok Adalat shall be final and binding on all
the parties to the dispute, and no appeal shall lie to any court against
the award.
1. Subs. by Act 59 of 1994, sec. 16.
22. Powers of Lok Adalats. -
(1) The Lok Adalat shall, for the purposes of holding any determination
under this Act, have the same powers as are vested in a civil court under
the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect
of the following matters, namely: -
(a) The summoning and enforcing the attendance of any witness and examining
him on oath;
(b) The discovery and production of any document;
(c) The reception of evidence on affidavits;
(d) The requisitioning of any public record or document or copy of such
record or document from any court or office; and
(e) Such other matters as may be prescribed.
(2) Without prejudice to the generality of the powers contained in sub-section
(1), every Lok Adalat shall have the requisite powers to specify its own
procedure for the determination of any dispute coming before it.
(3) All proceedings before a Lok Adalat shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code (45 of 1860) and every Lok Adalat shall be deemed to be a civil
court for the purpose of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
CHAPTER –VI A
PRE-LITIGATION CONCILIATION AND SETTLEMENT
22A. Definitions
In this chapter and for the purposes the Section 22 and 23, unless the
context other requires.
(a) “Permanent Lok Adalat” means a Permanent Lok Adalat established
under sub-section (1) of Section 22 B;
(b) “Public Utility Service” means any-
1. transport services for the carriage of passengers or goods by air,
road or water; or
2. postal, telegraph or telegraph or telephone service; or
3. supply of power, light or water to the public by any establishment.
Or
4. system of public conservancy or sanitation; or
5. service in hospital or dispensary; or
6. insurance service,
and includes any service which the Central Government or the State Government,
as the case may be, may in the public interest, by notification, declare
to be a public utility service for the purposes of this Chapter.
22B. Establishment of Permanent Lok Adalat
1. Notwithstanding anything contained in section 19, the Central Authority
or, as the case may be, every State Authority shall, be notification,
establish Permanent Lok Adalat at such places and for exercising such
jurisdiction in respect of one or more public utility services and for
such areas as may be specified in the notification.
2. Every Permanent Lok Adalat established for an area notified under sub-section
(1) shall consist of-
(a) a person who is, or has been, a district judge or additional district
judge or has held judicial office higher in rank than that of a district
judge, shall be the Chairman of the Permanent Lok Adalat; and
(b) Two other persons having adequate experience in public utility services
to be nominated by the Central Government or, as the case may be, the
State Government on the recommendation of the Central Authority or, as
the case may, the State Authority, establishing such Permanent Lok Adalat
and the other terms and conditions of the appointment of the Chairman
and other persons referred to in clause (b) shall be prescribed by the
Central Government.
22 C. Cognizance of cases by Permanent Lok Adalat.
1. Any party to a dispute may, before the dispute is brought before nay
court, make an application to the Permanent Lok Adalat for the settlement
of dispute;
Provided that the Permanent Lok Adalat shall not have jurisdiction in
respect of any matter relating to an offence not compoundable under any
law:
Provided further that the Permanent Lok Adalat shall also not have jurisdiction
in the matter where the value of the property in dispute exceeds ten lakh
rupees:
Provided also that the Central Government, may, by notification, increase
the limit of ten lakh repees specified in the second proviso in consultation
with the Central Authority.
2. After an application is made under sub-section (1) to the Permanent
Lok Adalat, no party to that application shall invoke jurisdiction of
any court in the same dispute.
3. where an application is made to a Permanent Lok Adalat under sub-section
(1), it
(a) shall direct each party to the application to file before it a written
statement, stating therein the facts and nature of dispute under the application,
points or issues in such dispute and grounds relied in support of, or
in opposition to, such points or issues, as the case may be, and such
party may supplement such statement with any document and other evidence
which such party deems appropriate in proof of such facts and grounds
and shall send a copy of such statement together with a copy of such document
and other evidence, if any, to each of the parties to the applicant;
(b) may require any party to the application to file additional statement
before it at any stage of the conciliation proceedings;
(c) shall communicate any document or statement received by it from any
party to the application to the other party, to enable such other party
to present reply thereto.
(4) When statement, additional statement and reply, if any, have been
filed under sub-section (3), to the satisfaction of the Permanent Lok
Adalat, it shall conduct conciliation proceedings between the parties
to the application in such manner as it thinks appropriate taking into
account the circumstance of the dispute.
(5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings
under sub-section (4), assist the parties in their attempt to reach an
amicable settlement of the dispute in an independent and impartial manner.
(6) It shall be the duty of every party to the application to cooperate
in good faith with the Permanent Lok Adalat in conciliation of the dispute
relating to the application and to comply with the direction of the Permanent
Lok Adalat to produce evidence and other related documents before it.
(7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings,
is of opinion that there exist elements of settlement in such proceedings
which may be acceptable to the partes, it may formulate the tersm of a
possible settlement of the dispute and give to the parties concerned for
their observations and in case the parties reach at an agreement on the
settlement or the dispute, they shall sign the settlement agreement and
the Permanent Lok Adalat shall pass an award in terms thereof and furnish
a copy of the same to each of the parties concerned.
(8) Where the parties faile to reach at an agreement under sub-section
(7), the Permanent Lok Adalat shall, if the dispute does not relate to
any offence, decide the dispute.
22D. Procedure of Permanent Lok Adalat
The Permanent Lok Adalat shall, while conducting conciliation proceedings
or deciding a dispute on merit under this Act, be guided by the principles
of natural justice, objectivity fail play, equity and other principles
of justice, and shall not be bound by the Code of Civil Procedure, 1908
and the Indian Evidence Act, 1872.
22E. Award of Permanent Lok Adalat to be final
(1) Every award of the Permanent Lok Adalat under this Act made either
on merit or in terms of a settlement agreement shall be final and binding
on all the parties thereto and on persons claiming under them.
(2) Every award of the Permanent Lok Adalat under this Act shall be deemed
to be a decree of a civil court.
(3) The award made by the Permanent Lok Adalat under this Act shall be
by a majority of the persons constituting the Permanent Lok Adalat.
(4) Every award made by the Permanent Lok Adalat under this Act shall
be final and shall not be called in question in any original suit, application
or execution proceedings.
(5) The Permanent Lok Adalat may transmit any award made by it to a Civil
Court having local Jurisdiction and such civil court shall execute tge
irder as if it were a decree made by that court.
CHAPTER VII
MISCELLANEOUS
1[23. Members and staff of Authorities Committees and Lok Adalats to be
public servants: -The members including Member-Secretary or, as the case
may be, Secretary of the Central Authority, the State Authorities, the
District Authorities, the Supreme Court Legal Services Committee, High
Court Legal Services Committees, Taluk Legal Services Committees and officers
and other employees of such Authorities, Committees and the members of
the Lok Adalats shall be deemed to be public servants within the meaning
of section 21 of the Indian Penal Code (45 of 1860)
1. Subs. for sections 23 and 24 by Act 59 of 1994, sec. 17.
24. Protection of action taken in good faith. -No suit, prosecution or
other legal proceeding shall lie against-
(a) The Central Government or the State Government;
(b) The Patron-in-Chief, Executive Chairman, members of, Member-Secretary
or officers or other employees of the Central Authority;
(c) Patron-in-Chief, Executive Chairman, member, Member-Secretary or officers
or other employees of the State Authority;
(d) Chairman, Secretary, members or officers or other employees of the
Supreme Court Legal Services Committee, High Court Legal Services Committees,
Taluk Legal Services Committees or the District Authority; or
(e) Any other person authorised by any of the Patron-in-Chief, Executive
Chairman, Chairman, member, Member-Secretary referred to in sub-clauses
(b) to (d),
For anything which is in good faith done or intended to be done under
the provisions of this Act or any rule or regulation made thereunder.]
25. Act to have overriding effect. -The Provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any
other law for the time being in force or in any instrument having effect
by virtue of any law other than this Act.
26. Power to remove difficulties. –
(1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act
as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period
of two years from the date on which this Act receives the assent of the
President.
(2) Every order made under this section shall, as soon as may be after
it is made, be laid before each House of Parliament.
1[27. Power of Central Government to make rules. –
(1) The Central Government in consultation with the Chief Justice of India
may, by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: -
(a) The number, experience and qualifications of other members of the
Central Authority under clause (c) of sub-section (2) of section 3;
(b) The experience and qualifications of the Member-Secretary of the Central
Authority and his powers and functions under sub-section (3) of section
3;
(c) The terms of office and other conditions relating thereto, of members
and Member Secretary of the Central Authority under sub-section (4) of
section 3;
(d) The number of officers and other employees of the Central Authority
under subsection (5) of section 3;
(e) The conditions of service and the salary and allowances of officers
and other employees of the Central Authority under sub-section (6) of
section 3;
(f) The number, experience and qualifications of members of the Supreme
Court Legal Services Committee under clause (b) of sub-section (2) of
section 3A.
(g) The experience and qualifications of Secretary of the Supreme Court
Legal Services Committee under sub-section (3) of section 3A.
(h) The number of officers and other employees of the Supreme Court Legal
Services Committee under sub-section (5) of section 3A and the conditions
of service and the salary and allowances payable to them under sub-section
(6) of that section;
(i) The upper limit of annual income of a person entitling him to legal
services under clause (h) of section 12, if the case is before the Supreme
Court;
The manner in which the accounts of the Central Authority, the State Authority
or the District Authority shall be maintained under section 18;
(k) The experience and qualifications of other persons of the Lok Adalats
organised by the Supreme Court Legal Services Committee specified in sub-section
(3) of section 19;
(l) Other matters under clause (e) of sub-section (1) of section 22;
(m) Any other matter which is to be, or may be, prescribed.]
1. Subs. for sections 27, 28 and 29 by Act 59 of 1994, sec. 18.
28. Power of State Government to make rules. -
(1) The State Government in consultation with the Chief Justice of the
High Court may, by notification, make rules to carry out the provisions
of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters,
namely: -
(a) The number, experience and qualifications of other members of the
State Authority under clause (c) of sub-section (2) of section 6;
(b) The powers and functions of the Member-Secretary of the State Authority
under sub-section (3) of section 6;
(c) The terms of office and other conditions relating thereto, of members
and Member Secretary of the State Authority under sub-section (4) of section
6:
(d) The number of officers and other employees of the State Authority
under subsection (5) of section 6;
(e) The conditions of service and the salary and allowances of officers
and other employees of the State Authority under sub-section (6) of section
6;
(f) The experience and qualifications of Secretary of the High Court Legal
Services Committee under sub-section (3) of section 8A;
(g) The number of officers and other employees of the High Court Legal
Services Committee under sub-section (5) of section 8A and the conditions
of service and the salary and allowances payable to them under sub-section
(6) of that section;
(h) The number, experience and qualifications of members of the District
Authority under clause (b) of sub-section (2) of section 9;
(i) The number of officers and other employees of the District Authority
under subsection (5) of section 9;
(j) The conditions of service and the salary and allowances of the officers
and other employees of the District Authority under sub-section (6) of
section 9;
(k) The number, experience and qualifications of members of the Taluk
Legal Services Committee under clause (b) of sub-section 12) of section
11A;
(1) The number of officers and other employees of the Taluk Legal Services
Committee under sub-section (3) of section 11A;
(m) The conditions of service and the salary and allowances of officers
and other employees of the Taluk Legal Services Committee under sub-section
(4) of section 11A;
(n) The upper limit of annual income of a person entitling him to legal
services under clause (h) of section 12, if the case is before a court,
other than the Supreme Court;
(o) The experience and qualifications of other persons of the Lok Adalats
other than referred to in sub-section (4) of section 19;
(p) Any other matter which is to be, or may be, prescribed.
29. Power of Central Authority to make regulations.
(1) The Central Authority may, by notification, make regulations not inconsistent
with the provisions of this Act and the rules made thereunder, to provide
for all matters for which provision is necessary or expedient for the
purposes of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following matters,
namely: -
(a) The powers and functions of the Supreme Court Legal Services Committee
under sub-section (1) of section 3A;
(b) The terms of office and other conditions relating thereto, of the
members and Secretary of the Supreme Court Legal Services Committee under
sub-section (4) of section 3A;
29A. Power of State Authority to make regulations.-
(1) The State Authority may, by notification, make regulations not inconsistent
with the provisions of this Act and the rules made thereunder, to provide
for all matters for which provision is necessary or expedient for the
purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of the following matters,
namely: -
(a) The other functions to be performed by the State Authority under clause
(d) of subsection (2) of section 7;
(b) The powers and functions of the High Court Legal Services Committee
under subsection (1) of section 8A;
(c) The number, experience and qualifications of members of the High Court
Legal Services Committee under clause (b) of sub-section (2) of section
8A;
(d) The terms of office and other conditions relating thereto, of the
members and Secretary of the High Court Legal Services Committee under
sub-section (4) of section 8A;
(e) The terms of office and other conditions relating thereto, of the
members and Secretary of the District Authority under sub-section (4)
of section 9;
(f) The number, experience and qualifications of members of the High Court
Legal Services Committee under clause (b) of sub-section (2) of section
8A;
(g) Other functions to be performed by the District Authority under clause
(c) of subsection (2) of section 10;
(h) The terms of office and other conditions relating thereto, of members
and Secretary of the Taluk Legal Services Committee under sub-section
(3) of section 11A.]
30. Laying of rules and regulations. -
(1) Every rule made under this Act by the Central Government and every
regulation made by the Central Authority thereunder shall be laid, as
soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the
rule or regulation, or both Houses agree that the rule or regulation should
not be made, the rule or regulation shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule or regulation.
(2) Every rule made under this Act by a State Government and every regulation
made by a State Authority thereunder shall be laid, as soon as may be
after it is made, before the State Legislature.
THE DELHI LEGAL SERVICES AUTHORITY RULES, 1996
1. Short Title and
Commencement
(1) These rules may
be called the Delhi Legal Services Authorities Rules, 1996.
(2) They shall come
into force on the date of their publication in the Delhi Gazette.
2. Definitions :
(1) In these rules,
unless the context otherwise requires:-
(a) “Act”
means the Legal Services Authorities Act, 1987 (Central Act 39 of 1987);
(b) “Chairman”
means the Executive Chairman of the State Authority, or as the case may
be, the Chairman of the High Court Legal Services Committee, or as the
case may be, the Chairman of the District Legal Services Authority;
(c) “District
Authority” means the District Legal Services Authority, constituted
under Sec. 9 of the Act;
(d) “Government”
means the Government of the National Capital Territory of Delhi;
(e) “High Court”
means the High Court of Delhi at New Delhi;
(f) “High Court
Legal Services Committee” means a High Court Legal Services Committee
constituted under Sec. 8-A of the Act;
(g) “Lt. Governor”
means the Lt. Governor of the National Capital Territory of Delhi appointed
by the President under Art. 239 read with Art. 239-AA of the Constitution;
(h) “Member”
means the member of the State Authority appointed under Cl.(c) of sub-section
(2) of Sec. 6 of the Act, as the case may be, the member of the High Court
Legal Services Committee constituted under Cl. (b) of sub-section (e)
of Sec.8-A of the Act, or as the case may be, the member of the District
Authority appointed under Cl. (b) of sub-section (2) of Sec. 9 of the
Act;
(i) “Patron-in-Chief”
means the Chief Justice of the High Court of Delhi;
(j) “Secretary”
means the Member-Secretary of the State Authority appointed under sub-section
(3) of Sec.6 of the Act, or as the case may be the Secretary of the High
Court Legal Services Committee appointed under sub-section (3) of Sec.
8-A of the Act, or as the case may be, the Secretary of the District Authority
appointed under sub-section (3) of Sec. 9 of the Act;
(k) “State Authority”
means the Delhi Legal Services Authority constituted under Sec. 6 the
Act.
3. The number, experience
and qualifications of other members of the State Authority under cl(c)
of sub-section (2) of Sec. 6
(1) The State Authority
shall, including Patron-in-Chief and the Executive Chairman, have not
more than fifteen members.
(2) The following
shall be ex-officio members of the State Authority :-
(i) the Secretary
in the Department of Finance to the Government;
(ii) the Secretary
in the Department of Law, Justice and Legislative Affairs to the Government;
(iii) the Commissioner
of Police, Delhi;
(iv) Secretary in
the Department of Welfare of Scheduled Castes and Scheduled Tribes to
the Government;
(v) Secretary, Department
of Social Welfare to the Government;
(vi) District Judge,
Delhi;
(vii) Additional District
& Sessions Judge Incharge, Patiala House, District Courts;
(viii) Additional
District & Sessions Judge Incharge, Karkardooma, District Courts.
(3) The Government
may nominate, in consultation with theChief Justice of the High Court,
other members, one of whom shall be a woman, from amongst those possessing
the experience and qualifications prescribed in the sub-rule (4) of this
rule.
(4) A person shall
not be qualified for nomination as a member of the State Authority unless
he/she is :
(a) a graduate and
an eminent social worker who is engaged in the upliftment of the weaker
sections of the people, including Scheduled Castes, Scheduled Tribes,
Women, Backward classes, children, rural and urban labour; or
(b) an eminent advocate
having interest in free legal services; or\
(c) an eminent person
in the medical profession; or
(d) a person of repute
who is specially interested in the implementation of the Legal Services
Schemes.
4. The powers and
functions of the Member Secretary of the State Authority under sub-section
(3) of Sec. 6
The powers and functions
of the Member-Secretary of the State Authority, inter alia, shall be :
(a) to provide free
legal services to the eligible and weaker sections;
(b) to work out modalities
of the Legal Services Schemes and Programmes including preparation of
panel of advocates and fees payable to them on the pattern of Government
panel lawyers, approved by the State Authority and ensure their effective
monitoring and implementation;
(c) to exercise the
powers in respect of administrative, financial and budgetary matters as
Head of the Department in the Government;
(d) to manage the
properties, records and funds of the State Authority;
(e) to maintain proper
accounts of the State Authority including checking and auditing in respect
thereof periodically;
(f) to prepare annual
income and expenditure account and balance-sheet of the said Authority;
(g) to liaise with
the social action groups, Non-Governmental Organisations, District Authority,
or any other social or educational organisation and National Legal Services
Authority;
(h) to maintain up-to-date
and complete computerised statistical information including about pendency
and disposal of cases seriously affecting weaker sections of the society
and progress made in the implementation of various Legal Services Programmes
from time to time;
(i) to process proposals
for financial assistance to weaker sections of society specially children,
women and persons belonging to Scheduled Castes and Schedules Tribes and
issue Utilisation Certificates thereof;
(j) to organise various
Legal Services Programmes as approved by the State Authority and convene
meetings/ seminars and workshops connected with Legal Services Programmes
and preparation of reports and follow-up action thereon;
(k) to produce video/documentary
films, publicity material, literature and publications to inform general
public about the various aspects of the Legal Services Programmes and
legal literacy for improving general awareness and preparation of reports
and follow-up action thereon;
(l) to organise alternative
dispute resolution programmes for resolving rural, local neighbourly and
family civil and criminal disputes and to take all possible measures for
effective and meaningful legal services for settling rural disputes, disputes
in slum areas and if possible in various Mohalla localities at the door
steps of the poor and weaker sections of the society;
(m) to perform such
of the functions as are assigned to him under the schemes formulated under
Cl.(b) of Sec. 4 of the Act;
(n) to forward to
concerned departments authorities/ applications of aggrieved persons to
seek their comments/ reports and summon parties for conciliation;
(o) to encourage and
promote conciliation and settlement in legal proceedings;
(p) to prepare a panel
of social workers for para-legal services including marriage counselling
approved by the State Authority for taking all kinds of legal aid services
and pay them honorarium and travelling allowance;
(q) to call for such
records from any office or Authority as may be necessary and to procure
the presence of any persons including any inmate of a jail;
(r) to perform such
other functions as may be expedient for efficient functioning of the State
Authority.
5. The terms of office
and other conditions relating thereto, of Members and Member-Secretary
of the State Authority under Sub-Section (4) of Sec. 6
(1) The members of
the State Authority nominated under subrule (3) of rule 3 by the Government
shall continue for a term of two years and shall be eligible for re-nomination.
(2) A member of the
State Authority nominated under subrule(3) of rule (3) may be removed
by the Government in consultation with the Chief Justice of the High Court,
if in the opinion of the Government it is not desirable to continue him
or her as a member.
(3) If any member
nominated under sub-rule (3) of rule 3 ceases to be a member fo the State
Authority for any reason, the vacancy shall be filled up in the same manner
as the original nomination and the person so nominated shall continue
to be member for the remaining term of the member in whose place he is
nominated.
(4) All members nominated
under sub-rule (3) of rule 3 shall be entitled to payment of travelling
allowance and daily allowance in respect of journeys performed in connection
with the work of the State Authority and shall be paid by the State Authority
in accordance with the rules as are applicable to the Group ‘A’
Officers, as amended from time to time.
(5) If a nominated
member is a Government employee, he shall be entitled to only one set
of travelling allowance and daily allowance either from his parent department,
or as the case may be, from the State Authority.
(6) The Member Secretary
of the State Authority shall be the whole time employee and shall hold
office for a term not exceeding five years.
(7) In all matters
like age of retirement, pay and allowances, benefits and entitlements,
and disciplinary matters, the Member-Secretary shall be governed by the
Delhi Higher Judicial Services Rules 1970 and he shall be on deputation
to the State Authority.
6. The number of officers
and other employees of the State Authority under sub-section (5) of Sec.
6
The State Authority
shall have such number of officers and other employees for rendering secretarial
assistance and for its day-to-day function as are set out in Schedule
to these rules or as may be notified by the Government from time to time.
7. The conditions
of service and the salary and allowances of officers and other employees
of the state authority under subsection (6) of Sec. 6
(1) The officers and
other employees of the State Authority shall be entitled to draw pay and
allowances in the scale of pay indicated against each post in the Schedule
to these rules or at par with the employees of the Government holding
equivalent posts.
(2) In all matters
like age of retirement, pay and allowances, benefits and entitlements;
and disciplinary matters, the officers and other employees of the State
Authority shall be governed by the rules as are applicable to employees
of the Government holding equivalent posts.
(3) The officers and
other employees of the State Authority shall be entitled to such other
facilities allowances and benefits as may be notified by the Government
from time to time.
8. The experience
and qualifications of Secretary of the High Court Legal Services Committee
under sub-section (3) of Sec. 8A.
A person shall not be qualified for the appointment as Secretary of the
High Court Legal Services Committee unless he is a member of Delhi Higher
Judicial Services.
9. The number of officers
and other employees of the High Court Legal Services Committee under sub-section
(5) of Sec. 8-A and the salary and allowances payable to them under subsection
(5) of Sec. 8A and the conditions of service and the salary and allowances
payable to them under sub-Section (6) of that section.
(1) The High Court
Legal Services Committee shall have such number of officers and other
employees for rendering secretarial assistance and for its day-to-day
functions as are set out in Schedule to these rules or as may be notified
by the Government from time to time.
(2) The officers and
other employees of the High Court Legal Services Committee shall be entitled
to draw pay and allowances in the scale of pay indicated against each
post in the Schedule to these rules or at par with the employees of the
Government holding equivalent posts.
(3) In all matters
like age of retirement, pay and allowances, benefits and entitlements
and disciplinary matters, the officers and other employees of the High
Court Legal Services Committee shall be governed by the rules as are applicable
to employees of the Government holding equivalent posts.
(4) The officers and
other employees of the High Court Legal Services Committee shall be entitled
to such other facilities, allowances and benefits as may be notified by
the Government from time to time.
10. The number, experience
and qualifications of Members of District Authority under Cl.(b) of Sub-Section
(2) of Sec. 9
(1) The District Authority
shall have not more than eight members.
(2) The following
shall be ex-officio members of the District Authority:
(i) District and Sessions
Judge, Delhi;
(ii) Addl. District
and Sessions Judge, Delhi;
(iii) Deputy Commissioner
of Police;
(iv) Chief Metropolitan
Magistrate;
(v) Director of Prosecution.
(3) The Government
may nominate, in consultation with the Chief Justice of the High Court,
other members from amongst those possessing the qualifications and experience
prescribed in sub-rule (4) of this rule.
(4) A person shall
not be qualified for nomination as a member of the District Authority
unless he is :
(a) a graduate and
an eminent social worker who is engaged in the upliftment of the weaker
sections of the people, including Scheduled Castes, Scheduled Tribes,
women, children and rural labour;
(b) an eminent person
in the field of law; or
(c) a person of repute
who is specially interested in the implementation of the Legal Services
Schemes
11. The number of
officers and other employees of the District Authority under sub-section
(5) of Sec.9
The District Authority
shall have such number of officers and other employees for rendering secretarial
assistance and for its day-to-dayfunctions as are set out in Schedule
to these rules or as may be notified by the Government from time to time.
12. The conditions
of service and the salary and allowances of the officers and other employees
of the District Authority under sub-section (6) of Sec. 9
(1) The officers and
other employees of the District Authority shall be entitled to draw pay
and allowances in the scale of pay indicated against each post of the
Schedule to these rules or at par with the employees of the Government
holding equivalent posts.
(2) In all matters
like age of retirement, pay and allowances, benefits and entitlements
and disciplinary matters, the officer and other employees of the District
Authority shall be governed by the rules as are applicable to employees
of the Government holding equivalent posts.
(3) The officers and
other employees of the District Authority shall be entitled to such other
facilities, allowances and benefits as may be notified by the Government
from time to time.
THE DELHI LEGAL SERVICES AUTHORITY REGULATION, 2002
CHAPTER I
PRELIMINARY
1. Short title and
commencement
These regulations
may be called the Delhi Legal Services Authority Regulations, 2002 and
shall come into force with effect from the date of their publication in
the Official Gazette.
2. Definitions
(a) ‘Act’
means the Legal Services Authorities Act, 1987 (39 of 1987).
(b) ‘State Authority’
means the Delhi Legal Services Authority,
(c) ‘High Court
Committee’ means the High Court Legal Services Committee constituted
under Section 8A of the Act.
(d) ‘District
Authority’ means the District Legal Services Authority constituted
under Section 9 of the Act.
(e) ‘Rules’
means the Delhi Legal Services Authority Rules, 1996.
(f) ‘Aided person’
means a person to whom legal service is provided in accordance with the
provisions of the Act, rules and these regulations.
(g) ‘Chairman’
means the Chairman of the High Court Legal Services Committee or Chairman
of the District Authority as the case may be.
(h) ‘Chief Justice’
means the Chief Justice of the High Court of Delhi.
(i) ‘Executive
Chairman’ means the Executive Chairman of the Delhi Legal Services
Authority constituted under Section 6 of the Act.
(j) ‘Legal Practitioner’
shall have meaning as assigned to the expression in the Advocates Act,
1961.
(k) ‘Legal service’
includes rendering of any services in the conduct of any case or other
legal proceedings before any court or any other authority or tribunal
and giving of advice on any legal matter.
(l) ‘Lok Adalat’
means the Lok Adalat organised under Chapters VI or VI A of the Act.
(m) ‘Member’
means a member of the State Authority, High Court Legal Services Committee,
District Legal Services Authority as the case may be.
(n) ‘Member
Secretary’ means the Member Secretary of the Delhi Legal Services
Authority.
(o) ‘Nominated
Member’ means a member nominated to the State Authority, High Court
Committee, the District Authority as the case may be.
(p) ‘Patron-in-Chief’
means the Patron-in-Chief of the Delhi Legal Services Authority.
(q) ‘Secretary’
means the Secretary of the High Court Legal Services Committee, or District
Authority as the case may be.
(r) ‘Section’
means the section of the Act.
(s) All other words
and expressions used in these regulations but not defined shall have the
meaning respectively as assigned to them in the Act and the rules framed
thereunder.
CHAPTER II
3. Vesting of the
Executive Authority
(1) The Executive
Authority of the State Authority shall vest in the Executive Chairman
and may be exercised through the Member Secretary who shall act under
the control of the executive Chairman :Provided that in respect of any
matter concerning the affairs of the State Authority, Patron-in-Chief
may render such advice as he may deem it necessary.
(2) The Executive
Authority of the District Authority shall vest in its Chairman and may
be exercised through its Secretary who shall act under the control of
the Chairman.Provided the Executive Chairman may give such advice, as
he may deem necessary in respect of any matter concerning the affairs
of the District Authority.
CHAPTER III
STATE AUTHORITY
4. Other Functions
of the State Authority
In addition to the
functions to be performed by the State Authority as laid down by Section
7(1) and 7(2) (a)(b)(c) of the Act, the State Authority may also perform
the following functions:
(1) The State Authority
may conduct legal literacy camps in different parts of the State with
a view to transmitting knowledge about the legal aid schemes conducted
in the State or with a view to spreading consciousness about the legal
rights and duties of citizens with special reference to the tribal and
rural populations, women, children, disabled, handicapped and the weaker
sections of the society.
(2) The State Authority
may itself file Public Interest Litigation or may finance Public Interest
Litigation before appropriate Courts in the State if it is satisfied that
such litigations arefor the general benefit of a large body or class of
persons who cannot by themselves take recourse to law due to penury, illiteracy
or other similar reasons.
(3) The State Authority
may conduct Legal Aid Clinics in different parts of the State itself or
in collaboration with law Colleges, Universities and other social service
organizations.
(4) The State Authority
may also establish or direct the District Authority to establish counselling
centres at various places in the State with a view to providing permanent
or quasipermanent infrastructure for resolving legal disputes between
the parties, whether they may be pending in courts or may be in offing.
For establishing such centres it will be open to the State Authority/or
the District Authority to take active assistance/support of such social
service organisations that have zeal for legal aid work.
(5) The State Authority may call for periodical reports, returns and other
informations as it thinks fit from the High Court Legal Services Committee,
District Authority and review the cases where legal services are refused
by the High Court Legal Services Committee/District Authority.
CHAPTER IV
CONDUCT OF BUSINESS
5. Meetings
(1) The Member Secretary, with the prior approval of the Executive Chairman
shall convene meeting of the State Authority at least once in three months
and as frequently as the business may warrant, at the place, date and
time specified by the Patron-in-Chief or by the Executive Chairman.
(2) The meeting of
the State Authority shall be presided over by the Patron-in-Chief or Executive
Chairman or in his absence by any Member chosen by the Members present
and the quorum of the meeting of the State Authority shall be nine and
no quorum shall be necessary for adjourned meeting.
(3) The majority of
votes of the Members present shall decide all the subject matters of the
agenda in the meeting and in case of equal number of votes, the person
presiding shall have a second or casting vote.
(4) Any 10 Members
of the Authority may give a requisition in writing addressed to the Member
Secretary for convening a meeting of the State Authority for consideration
of the subjects or matters specified therein. On receipt of such requisition,
the Member Secretary shall after obtaining the orders of the Executive
Chairman, convene a meeting of the Authority within 15 days from the date
of receipt of such requisition to consider the subjects or matters specified
in the requisition.
(5) Any Member of
the State Authority desiring consideration of any subject or matter at
any meeting of the State Authority, may intimate in writing such subject
or matter to the Member Secretary. If such intimation is received before
issue of the notice of the meeting, the subject or matter hall, if so
directed by the Patron-in-Chief, be included in the Agenda of the meeting.
If such intimation is received fter issue of the notice, the subject or
matter may be considered at the meeting with the permission of the person
presiding at the meeting.
(6) The Member Secretary
of the State Authority shall prepare the Agenda of the meeting of the
State Authority and the Executive Chairman shall finally approve the Agenda
in consultation with the Patron-in-Chief of the State Authority.The Member
Secretary shall give the notice of every meeting of the State Authority
in writing to the Members at least 7 clear days before the date of the
meeting. However, in urgent matters, the notice of only 3 days may be
given.
(7) The Agenda of
the meeting shall be sent to the Members alongwith the notice.
6. Minutes of the
Meeting
The Member Secretary shall prepare the minutes of the proceedings of every
meeting as soon as possible after the meeting and after obtaining the
approval of the Executive Chairman; he shall circulate the minutes to
the members. The minutes shall be confirmed and signed by the Executive
Chairman, unless any Member who was present at the meeting to which the
minutes relate to has objected to the minutes as having been incorrectly
or incompletely recorded and has communicated his objections in writing
to the Member Secretary within three days of the receipt of the minutes
as having been incorrectly or incompletely recorded within three days
of the receipt of the minutes by him or her. Any objections received shall
be considered by the Executive Chairman who may make such modifications
in the minutes as are thought proper and the modified minutes shall then
be confirmed and signed by the Executive Chairman.
7. Decisions by way
of resolutions
All decisions of the State Authority shall be by way of resolutions passed
in the meeting and in the event of any dissension the decision of the
Patron-in-Chief or the Executive Chairman shall be final:
8. Expenditure for
the meeting
(a) The Member Secretary is authorized to spend an amount not exceeding
Rs. 1500/- (One thousand and five hundred rupees only) for the meeting
of the State Authority from out of the State Legal Aid Fund.
(b) The Member Secretary
may sanction an amount not exceeding Rs. 1,000/- (Rupees One Thousand
only) for each meeting of the High Court Committee on the requisition
of the Secretary of the Committee.
(c) The Member Secretary
may sanction an amount not exceeding Rs. 500/- (Rs. Five Hundred Only)
for each meeting of the District Authority on the requisition of the Secretary
of the Committee.
CHAPTER V
9. Panel of Advocates
(1) The State Authority shall prepare a panel of advocates to prosecute
the cases on behalf of the aided persons under these Regulations.
(2) (a) The Legal
Practitioner appearing in the High Court shall be paid as per fee Schedule.
(b) The Legal Practitioner
appearing in the matters arising out the cases referred to by the District
Authority shall be paid as per fee Schedule.
(c) The Legal Practitioners
representing the cases referred to by the respective Authorities and Committee
or Forum shall be paid as per fee Schedule or as may be fixed by the Executive
Chairman.
(3) The advocates
on the panel shall continue at the pleasure of the Executive Chairman.
10. Disqualification
of Legal Practitioners
(1) No legal practitioner
on the panel shall charge or collect any remuneration from an aided person
in any form whatsoever.
(2) The name of a
legal practitioner who contravenes the Scheme of the Act, Rules and this
Regulations shall be removed from the panel and he shall also be liable
to be prosecuted as per law for professional misconduct.
11. The duties of
the Legal Practitioner
The Legal practitioner conducting a case on behalf of an aided person
shall as soon as the case is decided, apply for copies of judgments and
decree, if any, and immediately on receipt of the copies, submit them
to the State Authority or District Authority which appointed them to conduct
such case together with detailed comments thereon. The District Authority
shall take steps to recover costs, if any, awarded by the court to the
aided person and consider the feasibility of filing an appeal or revision
if,
(i) the case has been
decided against the aided person;
(ii) the case is prima
facie fit for appeal; and
(iii) the aided person
has applied for legal service for filing the appeal or revision as the
case may be.
CHAPTER VI
LEGAL AID
12. Criteria for giving Legal Services
Every person who has
to file or defend a case shall be entitled to legal services if that person
is:-
(a) a member of a
Scheduled Caste or Scheduled Tribes;
(b) a victim of trafficking
in human beings or begar as referred to in Art. 23 of the Constitution;
(c) a woman or a child;
(d) a person with
disability as defined in clause (i) of Section 2 of the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full Participation, Act),
1995;
(e) a person under
circumstances of undeserved want such as being a victim of a mass disaster,
ethnic violence, caste atrocity, flood, drought, earthquake or industrial
disaster; or
(f) an industrial
workman; or
(g) in custody, including
custody in a protective home within the meaning of Cl.(g) of Section 2
of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile home within
the meaning of clause (j) of the Juvenile Justices Act, 1986 or in a psychiatric
hospital or
psychiatric nursing home within the meaning of Clause (g) of Section 2
of the Mental Health Act, 1987; or
(h) in receipt of
annual income less that Rupees Twenty Five Thousand or other higher amount
as may be fixed under Rule 17 of the Delhi Legal Services Authority Rules,
1996.
Provided that the
Legal Services Authority or Committee may grant legal aid :
(i) In a case of great
public importance; or
(ii) In a test case,
the decision of which is likely to affect weaker sections of the community;
or
(iii) In any case,
which for reasons to be recorded in writing is considered by the Executive
Chairman or the Chairman to be deserving of legal aid even where the means
test is not satisfied.
13. Modes of Legal
Aid
Legal aid may be given
in all or any one or more of the following modes, namely:-
(a) payment of court
fees, process fees and all other charges payable or incurred in connection
with any legal proceeding;
(b) representation
by a legal practitioner in legal proceedings;
(c) obtaining and
supply of certified copies of orders and other documents in legal proceedings;
(d) preparation of
appeal, paper book including printing and translation of documents in
legal proceedings.
14. Legal aid not
to be given in certain cases
Legal Aid shall not
be given in the following cases, namely :-
(1) Proceedings wholly or partly in respect of :-
(a) Defamation; or
(b) Malicious prosecution;
(c) A person charged with contempt of court proceedings;
(2) Proceedings relating
to any election;
(3) Proceedings incidental
to any proceedings referred to in items (1) and (2);
(4) Proceedings in
respect of offences where the fine imposed is not more than Rs. 50/-
(5) Proceedings in
respect of economic offences and offences against social laws, such as
the Protection of Civil Rights Act, 1955 and the Immoral Traffic (Prevention)
Act, 1956.Provided that the Executive Chairman may in appropriate case
grant legal aid even in such proceedings for reasons to be recorded in
writing.
(6) Where a person
seeking legal aid :
(a) is concerned with
the proceedings only in official capacity; or
(b) if a formal party
to the proceedings, not materially concerned in the outcome in the proceedings
and his interests are not likely to be prejudiced on account of the absence
of proper representation.
15. Application for
legal aid or advice
(1) Any Person desiring
legal aid or advice may make an application addressed to the Member Secretary/Secretary
of the Authority/Committee. If the applicant is illiterate or not in a
position to fill in the particulars required in the application, the Member
Secretary or any other officer of the Committee or any legal practitioner,
whose name appears on the panel of the Authority or Committee, as the
case may be shall gather the necessary particulars from the applicant
and prepare the application on his behalf and after reading it out and
explaining it to him, obtain his signatures or thumb impression on it.
The application shall be accompanied by an affidavit containing the brief
facts of the case and where the applicant is a person as stipulated in
Section 12(h) of the Act, not being one covered under any other clauses
of that Section, the affidavit shall also state the details of the properties
possessed by him and his income from all sources.
(2) The Authority/Committee
shall maintain a register of the applications wherein all applications
for legal aid and advice shall be entered and registered and the action
taken on such application shall be noted against the entry relating to
each of such application.
16. Duty of Aided
Person
Every aided person
or his representative shall attend the office of the Authority/Committee
as and when required by the Authority/Committee or by the legal practitioner
rendering legal aid to him and shall furnish full and true information
and shall make full disclosures to the legal practitioner concerned and
shall attend the court as and when required, at this own expenses.
CHAPTER VII
LOK ADALAT
17. Procedure for organising Lok Adalat
(1) The Secretary
of the District Authority shall convene and organise Lok Adalats at regular
intervals or on such dates, as may be directed by the State Authority;
Provided that in order
to co-ordinate the holding of Lok Adalats, Member Secretary may, with
the approval of the Executive Chairman prepare a quarterly roaster for
holding Lok Adalats at different places.
(2) Intimation to
the State Authority – The Secretary of the District Authority shall
inform the State Authority about the proposal to organise the Lok Adalat
well before the date on which the Lok Adalat is proposed to be organised.
18. Notice to the
parties concerned
(1) The State Authority
or the Secretary of the District Authority, as the case may be, may call
for the judicial record of those pending cases which are referred to the
Lok Adalat under Section 20 of the Act from the concerned courts.
(2) Pre-litigation cases shall be obtained by the State Authority or the
Secretary of the District Authority as the case may be, to be placed before
the Lok Adalat.
(3) Each judicial authority shall co-operate in transmission of court
records.
(4) The Judicial records shall be returned immediately after holding the
Lok Adalat, irrespective of whether or not the case is settled by the
Lok Adalat with an endorsement about the result of the proceedings.
CHAPTER VIII
MISCELLANEOUS
19. Travelling allowance
and daily allowance for journeys in connection with Lok Adalats and Legal
Aid programmes of the State Authority :
(1) The ex-officio
Members of the State Authority including the Patron-in-Chief and the Executive
Chairman shall be entitled to draw their Travelling Allowance and Daily
Allowance from the State Legal Aid Fund established under Section 16 of
the Act for performing the functions of the State Authority, at the rate
applicable to them under the rules governing their conditions of service.
(2) The other persons, who are required by the State Authority to participate
in the Lok Adalats or legal aid programmes of the State Authority, shall
be entitled to the payment of Travelling Allowance and Daily Allowance
from the State Legal Aid Fund in respect of journeys performed by them
in connection therewith, at the rate applicable to them under the rules
governing their conditions of service;
Provided that where
no rule is applicable to any such persons, the participating person shall
be entitled to Travelling Allowance and Daily Allowance at the rate applicable
to the Class I Officers of the State Government.
(3) No Travelling Allowance and Daily Allowance shall be admissible under
this rule to any Member or other person referred to in sub-ruels (1) and
(2) if he draws Travelling Allowance and Daily Allowance from any other
source for performing the same journey.
20. Expenditure from the State Legal Aid Fund
(1) All expenditures
from the State Legal Aid Fund shall require the approval of the state
Authority.
(2) Where any expenditure is incurred without such approval to meet any
urgent requirement, the Member-Secretary shall place the matter before
the State Authority in its next meeting held immediately after the expenditure
so incurred, for ratification.
HIGH COURT LEGAL SERVICES COMMITTEE REGULATIONS, 1998
Law, Justice and Legislative
Affairs Department
1. Short title and
commencement
(1) These regulations
may be called the High Court Legal Services Committee Regulations, 1998.
(2) They shall come into force on the date of their publication in the
Office Gazette.
2. Definitions
In these Regulations,
unless the context otherwise requires :
(a) “Act” means the Legal Services Authorities Act, 1987 (No.39
of 1987);
(b) “State Authority” means the Delhi Legal Services Authority
constituted under Section 6 of the Act;
(c) “Chairman” means the Chairman of the High Court Legal
Services Committee;
(d) “Committee” means the High Court Legal Services Committee;
(e) “High Court” means the High Court of Delhi at New Delhi;
(f) “Legal Service Advocate” means an Advocate who has been
assigned any work related to legal services;
(g) “Member” means a member of the Committee;
(h) “Secretary” means the Secretary of the Committee appointed
under sub-section (3) of Section 8(A) of the Act:
(i) All other words and expressions used in these regulations but not
defined shall have the same meaning assigned to them in the Act.
3. The number, experience and qualification of the other members of the
High Court Legal Services Committee Under clause (b) of sub-section (2)
of Section 8-A :
(1) The High Court
Legal Services Committee shall have eight members including its Chairman.
It will have the following, ex-officio members, namely :
(2) Ex-Officio Members :
(i) Secretary (Law, Justice & Legislative Affairs Department). Government
of National Capital Territory of Delhi, Delhi;
(ii) Secretary (Finance Department), Government of National Capital Territory
of Delhi, Delhi;
(iii) Commissioner of Police, Delhi The Chief Justice shall nominate four
members from the category of the nominated members.
4. Nominated Members –
A person shall not
be qualifed for nomination as a member of the High Court Legal Services
Committee unless he/she is :-
(a) A graduate and an eminent social worker who is engaged in the upliftment
of the weaker sections of the people, including Scheduled Castes, Scheduled
Tribes, women, Backward Classes, Children, rural and urban labour; or
(b) Two advocates having interest in free legal services for a period
of one year; or
(c) an eminent person in the medical profession or eminent professor of
sociology, psychology or any other discipline;
(d) Any law teacher or a person of repute who is specially interested
in the implementation of the legal services schemes.
5. Appointment of Secretary under sub-section (3) of Section 8-A of the
Act.
The Chief Justice
of High Court of Delhi shall appoint a person to be the Secretary of the
High Court Legal Services Committee, possessing experience and qualifications
as prescribed in Regulation on the recommendation of the Chairman, High
Court Legal Services;
6. The experience
and qualifications of Secretary of the High Court Legal Services Committee
under sub-section (3) of Section 8A
A person shall not be qualified for appointment as Secretary of the High
Court Legal Services Committee unless he is a member of the Delhi Higher
Judicial Services;
Preference will be given to persons possessing administrative, financial
and legal experience.
7. The terms of office and other conditions relating thereto, of members
and Secretary of the High Court Legal Services Committee
(1) The terms of the
office of a member of the Committee, other than ex-oficio member, shall
be one year.
(2) Where a person is nominated as ex-officio member, such person shall
cease to be the member of the Committee if he ceases to hold the post
or office by virtue of which he has been nominated as an ex-officio member.
(3) Any vacancy in the office of a member of the Committee shall be filled
up in the same manner as the originally appointed member and the person
so nominated shall continue to be a member for the remaining period of
term of office of that member in whose place he has been nominated.
(4) A member shall be given Rs. 300/- towards travelling expenses for
attending the meeting.
(5) The term of office of the Secretary shall be two years or till the
age of 60 years, whichever is earlier.
(6) In all matters like pay, allowances, benefits and entitlements, the
Secretary shall be governed by rules as are applicable to the persons
holding equivalent posts in his parent cadre and receive such honorarium
as framed by the Chairman.
(7) The appointment of the Secretary may be on deputaion basis.
(8) The Secretary shall be governed by the service conditions of his parent
cadre, in so far as disciplinary matters are concerned.
8. Powers and functions of Committee
(1) To administer
and implement the Legal Services programme in so far as it relates to
the High Court of Delhi;
(2) To receive and scrutinise applications for legal services and to decide
all questions as to the grant of or withdrawal of legal services;
(3) To maintain a panel of advocates and senior advocates in the High
Court of Delhi for providing legal advice;
(4) To decide all matters relating to payment of honorarium, costs, charges
and expenses of legal services to the advocates and to senior advocates
of the High Court of Delhi;
(5) To prepare and submit returns, reports and statistical information
in regard to the legal services programme to the State Authority;
9. Functions and powers of the Chairman
(1) The Chairman of
the Committee shall be in over all charge of administrative and implementation
of the programmes of the Committee;
Provided that the Chairman shall not directly concern himself with any
question as to grant or withdrawal of legal service to an person;
(2) The Chairman shall cause the meetings of the Committee convened through
the Secretary at least once in a period of three months;
(3) The Chairman shall preside over the meetings of the Committee;
(4) The Chairman shall have all the residuary powers of theCommittee;
10. Functions and
powers of the Secretary
(1) The Secretary
shall be the principal officer of the Committee and shall be the custodian
of all assets, accounts, records and funds at the disposal of the Committee;
(2) The Secretary shall maintain or cause to be maintained true and proper
accounts of the receipts and disbursement of the funds of the Committee;
(3) The Secretary shall in consultation with the State Authorityconvene
meetings of the Committee with the previous approval of the Chairman and
shall also attend meetings and shall be responsible for maintaining a
record of the minutes of the proceedings of the meetings:
11. Meetings of the
Committee
(1) The Committee
shall meet at least once in three months on such date and at such place
as the Chairman may direct.
(2) The Chairman shall preside over the meetings of the Committee and
in the absence of the Chairman, a person chosen by the members present
from amongst themselves shall preside over the meetings of the Committee;
(3) The minutes of the proceedings of each meeting shall be truly and
faithfully maintained by the Secretary and such minutes shall be open
to inspection at all reasonable times by the members of the Committee.
A copy of the minutes shall, as soon as may be, after the meeting, be
forwarded to the Executive Chairman of the State Authority;
(4) The quorum for the meeting shall be three including the Chairman.
(5) All questions which come up before any meeting of theCommittee shall
be decided by a majority of votes of the members present and voting, and
in case of a tie, the Chairman or the person presiding shall have the
right to exercise a second or casting vote
.
12. The number of officers and other employees of the High Court Legal
Services Committee under sub-section (5) of Section 8A and the conditions
of service and the salary and allowances payable to them under sub-secction
(6) of that Section.
(1) The High Court Legal Services Committee shall have such number of
officers and other employees for tendering secretarial assistance and
for its day-to-day functions as are set out in Schedule to these regulations
or as may be notified by the Government from time to time;
(2) The officers and other employees of the High Court Legal Services
Committee shall be entitled to draw pay and allowances in the scale of
pay indicated against each post in the schedule to these regulations or
at par with the employees of the Government holding equivalent posts;
(3) In all matters like age of retirement pay and allowances benefits
and entitlements and disciplinary matters, the officers and other employees
of the High Court Legal Services Committee shall be governed by the rules
as are applicable to employees of the Government holding equivalant posts;
(4) The officers and other employees of the High Court Legal Services
Committee shall be entitled to such other facilities, allowances and benefits
as may be notified by the Government from time to time.
13. Entitlement of Legal Services
The upper limit of
annual income of a person entitling him to legal services, under clause
(h) of section 12, if the case is before the High Court of Delhi whose
annual income from all sources does not exceed Rs. 25,000 (Rupees Twenty-five
thousand only) shall be entitled to legal services under clause (h) of
section 12 of the Act.
14. The experience and qualifications of other persons of the Lok Adalats
organised by the High Court Legal Service Committee specified in sub-section
(4) of section 19
A person shall not
be qualified to be included in the Lok Adalat unless he is :
(a) a member of the legal profession; or
(b) a person of repute who is specially interested in the implementation
of the Legal Services Scheme and Programme; or
(c) an eminent worker who is engaged in the upliftment of the weaker sections
of the people including Scheduled Castes, Scheduled Tribes, women, children,
rural and urban labour.
15. Audit and Accounts of the Committee
(1) The Committee
shall maintain a Fund to be called High Court Legal Services Committee
Fund to which shall be credited :
(a) such amounts as may be allocated and granted to it by the State Authority;
(b) all such amounts received by the Committee by way of donations;
(c) all such amounts by way of costs, charges and expenses recovered from
the persons to whom legal service is provided or the opposite party;
(2) All the amounts credited to the said fund shall be deposited in a
nationalised bank.
Explanation : In the
sub-regulation “nationalised bank” means a corresponding new
bank as defined in the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1980.
(3) For the purpose of meeting incidental minor charges such as Court
fee stamps and expenditure necessary for obtaining copies of documents
etc. a permanent advance shall be placed at the disposal of the Secretary
of the Committee;
(4) All expenditure on legal service, accommodation and staff of the Committee
as also expenditure necessary for carrying out the various functions of
the Committee shall be met out of the Funds of the Committee and in accordance
with the prior approval of the Chairman;
(5) The funds of the Committee may be utilised for meeting the expenses
incurred on or incidental to travels undertaken by the Chairman or the
Secretary in connection with legal services activities. The travelling
allowance and the dearness allowance payable to the Chairman and the Secretary
shall be such as to which they are entitled by virtue of their respective
offices;
(6) The Secretary of the Committee shall operate the bank accounts of
the Committee in accordance with the directions of the Chairman;
(7) The Committee shall cause to be made and maintained true and correct
accounts of all the receipts and disbursements and furnish quarterly returns
to the State Authority;
(8) The accounts of the Committee shall be audited annually by a qualified
auditor and submitted to the State Authority.
16. Application for the Legal Services
(1) Any person deserving legal services for bringing or defending any
action in the High Court may make an application in writing in that behalf.
However, if the applicant is illiterate or is not in a position to write,
the Secretary or an officer of the Committee shall record his verbal submission
and obtain his thumb impression/signature on the record and such record
will be treated as his application.
(2) The Committee shall maintain data/or a register of applications wherein
all applications for legal services shall be entered and registered date
wise and the action taken on such applications shall be noted against
the entry relating to the applications.
17. Disposal of Applications
(1) On receipt of
an application for legal service mentioned in Regulation 15, the Secretary
shall first cause the eligibility of the applicant as per the provisions
of the Act read with the rules, examined and determined.
(2) If the applicant satisfies the eligibility criteria, the Secretary
shall proceed to examine the merit of his application. For examining the
merits of the application, the Secretary may take the assistance of legal
services advocates or other advocates willing to provide free legal advice.
The Secretary shall not be precluded from seeking more than one opinion
if any particular case requires in-depth examination.
(3) In case the applicant satisfies the eligibility criteria and also
has merit in his application, the Secretary shall proceed to decide the
mode of legal service.
(4) An application for the grant of legal services in any matter if it
is not found fit, may be rejected, for the reasons to be recorded in writing,
by the Secretary.
(5) The applicant whose applications for grant of legal services has been
rejected may prefer an appeal before the Chairman for a decision.
(6) In case of refusal for the grant of legal services, the Secretary
shall inform the applicant in writing of such refusal.
18. Modes of Legal Services
Legal services to be provided may include any one or more of the following
:-
(a) payment of court fees, process fee and all other charges payable or
incurred in connection with any legal proceedings;
(b) charges for drafting; preparing, filing of any legal proceedings and
representations by a legal practitioner in legal proceedings;
(c) cost of obtaining any certified copy/copies of judgments, orders and
other miscellaneous expenses in legal proceedings;
(d) cost of preparation of paperbook (including paper, printing and translation
of documents) in legal proceedings and expenses incidental thereto.
19. Legal Services
not to be provided in certain cases
Legal Services shall not be given in the following cases namely:
(1) Proceedings wholly or partly in respect of :
(a) defamation; or
(b) malicious prosecution;
(c) a person charged with contempt of court proceedings; and
(d) perjury.
(2) Proceedings relating to any election.
(3) Proceedings incidental to any proceedings referred to in item (1)
and (2);
(4) Proceedings in respect of offences where the fine imposed is not more
than Rs. 50;
(5) Proceedings in respect of economic offences and offences against social
laws, such as, the Protection of Civil Rights Act, 1995;
Provided that the Chairman may in an appropriate case grant legal service
even in such proceedings.
(6) Where a person seeking legal service:
(a) is concerned with the proceedings only in a representative or official
capacity; or
(b) is a formal party to the proceedings, not materially concerned in
the outcome of the proceedings and his interests are not likely to be
prejudiced on account of the absence of proper representation.
20. Legal services may be granted in certain cases
Irrespective of the means test, legal service may be granted :
(a) in cases of great public importance.
(b) in a special case, reasons for which to be recorded in writing, is
considered otherwise deserving of legal services.
21. Honorarium payable to legal service advocates
(1) The legal service advocate shall be paid such honorarium as may be
fixed by the Committee.
(2) No legal service advocate to whom a case is assigned either for legal
advice or for legal service shall receive any fee or remuneration either
in cash or in kind or any other advantage, monetary or otherwise, from
the aided person or from any other person on his behalf.
(3) The legal service advocate who has completed his assignment shall
submit a statement showing the honorarium due to him together with the
report of the work done in connection with the legal proceedings conducted
by him on behalf of the aided person, to the Secretary of the Committee,
who shall after due scrutiny sanction the fee and expenses payable to
him. It will however, be open to the legal service advocate to waive the
honorarium wholly or partially. In case of any dispute on the quantum
payable to the legal service advocate the matter shall be placed before
the Chairman for decision.
22. Duties of aided person
(1) A person seeking
legal service shall comply with any requisition or direction that may
be made upon him by the Secretary of the Committee or any of its members
from the date the application for legal service is made till he enjoys
the legal service granted to him.
(2) Every such person shall execute an undertaking in the form annexed
hereto that in the event of the Court passing a decree or order in his
favour awarding costs to him or other monetary benefit or advantage, to
repay by way of reimbursement to the Committee all costs, charges, and
expenses incurred by the Committee in giving him legal service. For effecting
such reimbursement, he shall authorise the Secretary of the Committee.
The costs, charges and expenses so recovered shall be credited to the
Fund of the Committee.
(3) Every aided person or his representative shall attend the office of
the Committee as and when required by the Committee or by the legal service
advocate rendering legal aid to him and shall furnish full and true information
and shall make full disclosure to the legal service advocate concerned
and shall attend the court, as and when required, at his own expense.
23. Withdrawal of Legal Service
(1) The Committee
may either on its own motion or otherwise withdraw legal service granted
to any aided person in the following circumstances, namely:
(a) In the event of it being found that the aided person was possessed
of sufficient means or that he obtained legal service by misrepresentation
or fraud;
(b) in the event of
any material change in the circumstances of the aided person;
(c) in the event of any misconduct negligence on the part of the aided
person in the course of receiving legal service;
(d) in the event of the aided person not co-operating with the Committee
or with the legal service advocate assigned by the Committee;
(e) in the event of the aided person engaging a legal practitioner other
than the one assigned by the Committee;
(f) in the event of death of the aided person except in the case of civil
proceedings where the right or liability survives;
(g) in the event of the application for legal service or the matter in
question is found to be an abuse of the process of law or of legal service:
Provided that legal service shall not be withdrawn without giving due
notice thereof to the aided person or to his legal representatives in
the event of his death, to show cause as to why the legal service should
not be withdrawn. (2) Where the legal services are withdrawn on the grounds
set out in clause (a) above, the Committee shall be entitled to recover
from the aided person the amount of legal service granted to him.
AFFIDAVIT
I, __________________________,
aged about _________ years s/o d/o w/o Shri ______________________ resident
of _______________ __________________________________________________________
do hereby solemnly affirm and state as under :-
(1) (a) I belong to
a member of a Schedule Castes/Scheduled Tribes
(b) I am a victim of trafficking in human beings or begar.
(c) I am eligible for legal service. I am a woman/child.
(d) I am a mentally ill or otherwise disabled person.
(e) I am a person under circumstances of undeserved want being a victim
of a mass disaster, ethnic violence caste atrocity, flood, drought, earthquake
or industrial disaster.
(f) I am an industrial
workman.
(g) I am in custody.
(h) My annual income from all sources is below Rs. ________________ (Rupees
________________________)
(2) I shall comply with any requisition and direction that may be made
by the secretary of the High Court Legal Services Committee.
(3) I shall furnish full and true information of all facts of my case
to the legal service advocate to be provided by the Committee.
(4) I seek to approach the Hon’ble High Court of Delhi.
(a) In appeal from the Judgment of __________________________
___________________________________________________
________________________ in _________________________
(b) in writ jurisdiction
for __________________________________
____________________________________________________
(5) I hereby agree that in the event of the Court passing a decree or
order in my favour awarding cost to me or other monetary benefit or advantage,
I shall repay by way of reimbursement to the Committee, all costs, charges
and expenses incurred by the Committee in giving me legal service. I hereby
also authorise the Secretary to do all such acts and things as may be
necessary for recovery of the amount decreed or ordered to be paid to
me and to reimburse the same for the above mentioned purpose.
(6) I agree that my case be listed before Lok Adalat in Hon’ble
High Court, if at any stage it is considered by the Committee that my
matter can be reconciled or settled through Lok Adalat.
DEPONENT
Verification :
I, Shri/Smt./Km. _______________________ the above named deponent do hereby
verify that the contents of the paras 1 to 4 are true and correct to my
knowledge; nothing stated therein is false and nothing has been concealed.
So help me God.
Verified on this day of ____________________ of 200________ at New Delhi.
DEPONENT
By Order and in the name of the Patron-in-Chief
of the Delhi Legal Services Authority
Sd/-
Member Secretary
Delhi Legal Services Authority, New Delhi
DISTRICT LEGAL SERVICES AUTHORITY REGULATIONS, 1998
“In exercise
of the powers conferred by section 29A of the Legal Services Authorities
Act, 1987 (No. 39 of 1987) and in consultation with the Chief Justice
of the High Court of Delhi, as required by sub-section (4) of Section
9 and clause (c) of sub section (2) of Section 10 of the said Act, the
Delhi Legal Services Authority hereby makes the following regulations,
namely :-
1. 1) These regualtions
may be called the District Legal Services Authority Regulations, 1998.
2) They shall come into force on the date of their publication in the
Delhi Gazette.
2. In these Regulations, unless the context otherwise requires :-
a) “Act” means the Legal Services Authorities Act 1987 (39)
of 1987 as amended by the Legal Services Authorities (Amendment) Act,
1994 (59 of 1994)
b) “State Authority” means the Delhi Legal Services Authority
constituted under Section 6 of the Act.
c) “Chairman” means the Chairman of the District Legal Services
Authority;
d) “District Authority” means District Legal Services Authority,
Delhi constituted under Section 9 of the Act;
e) “Legal Services Advocate” means an advocate who has been
assigned any work related to legal services;
f) “Legal Service Counsel-cum-Consultant” means an Advocate
appointed as legal service Counsel-cum-Consultant by the District Authority;
g) “Member” means a member of the District Legal Services
Authority;
h) “Secretary” means the secretary of the District Legal Services
Authority appointed under sub-section(3) of Section 9 of the Act.
i) “Aided person” means a person to whom legal service is
provided in accordance with the provisions of the Act, Rules and these
regulations;
j) “Chief Justice” means the Chief Justice of the High Court
of Delhi.
k) “Executive Chairman” means the Executive Chairman of the
State Legal Services Authority constituted under Section 6 of the Act;
l) “High Court” means the High Court of Delhi.
m) “Legal Practitioner” the expression “Legal practitioner”
shall have the same meaning as assigned to it in the Advocates Act, 1961;
n) “Legal Service” includes the rendering of any service in
the conduct of any case or other legal proceedings before any court or
other authority or tribunal and the giving of advice on any legal matter;
o) “Rule” means a rule of Delhi Legal Services Authority Rules,
1996;
p) “Section” means a Section of the Legal Services Authorities
Act, 1987;
q) “State Government” means the Government of N.C.T. of Delhi.
r) “Committee” means the Legal Services Committee;
s) Words and expressions used in the regulations but not defined shall
have the same meaning respectively assigned to them in the Act.
3. 1) The term of office of a member of the District Authority, other
than ex-officio member, shall be two years : provided that a member shall
be eligible for renomination for one more term.
2) (a) (i) A member of the District Authority nominated under sub rule
(3) of rule 10 may be removed by the State Government in consultation
with the Chief Justice of the High Court if in the opinion of the State
Government, he is not desirable to continue as a member.
(ii) A member may by writing under his hand addressed to the Chairman
District Authority resign from the District Authority and such resignation
shall take effect from the date on which it is accepted by the Chairman.
2) (b) Any vacancy in the office of a member of the District Authority
may be filled up in the same manner as provided for the nomination and
the person so nominated shall hold office for the residuary term of the
member in whose place he is nominated.
3) All members nominated under sub rule(3) of rule 10 shall be entitled
to payment of travelling allowances and daily allowances in respect of
journey performed in connection with the work of the District Authority
and shall be paid by the District Authority in accordance with the rules
as are applicable to the grade ‘B’ officers of the State Government
as amended from time to time.
4) If a nominated member is a Government officer or employee, he shall
be entitled to only one set of travelling allowance and daily allowance
either from his parent department or, as the case may be, from the District
Authority.
5) Where a person is nominated as ex-officio member such person shall
cease to be the member of the District Authority if he ceases to hold
the post or office by virtue of which he has been nominated as ex-officio
member.
6) All members shall function in an honorary capacity.
7) The Secretary of the District Authority shall be the whole time employee
and shall hold office for a term not exceeding five years.
8) In all matters like age of retirement, pay and allowances, benefits
and entitlements and disciplinary matters the Secretary shall be governed
by the Delhi Judicial Service Rules and shall be on deputation to the
District Authority.
4. The powers and functions of the District Authority shall be :-
a) To administer and implement the legal services programmes including
promotion of legal literacy, para legal training and conciliation in so
far as it relates to the District Courts and for this purpose take all
such steps in co-ordination with the State Authority as may be necessary
and to act in accordance with the directions issued by the State Authority
from time to time.
b) To receive and scrutinise applications for legal services and to decide
all questions as to the grant of or withdrawal of legal services;
c) To co-ordinate the activities of the Legal Services Committees;
d) To maintain panels of advocates in the District Courts for giving the
Legal Service;
e) To implement such other Legal Aid programmes and carry out such other
functions as the State Authority may assign from time to time;
f) To decide all matters relating to payment of honorarium, costs, charges
and expenses of legal services to the advocates of the District Courts;
g) To prepare and submit returns, reports and statistical information
in regard to the legal services programme monthly to the State Authority.
5. 1) The Chairman of the District Authority shall be in over-all charge
of administration and implementation of the programmes of the District
Authority:
Provided that the Chairman shall not directly concern himself with any
question as to grant or withdrawl of legal service to any person.
2) The Chairman shall cause the meetings of the District Authority convened
through Secretary at least once in a period of three months.
3) The Chairman shall preside over the meetings of the District Authority.
6. 1) The Secretary shall be the principal officer of the District Authority
and shall be the custodian of all assets, accounts, records and funds
at the disposal of the District Authority.
2) The Secretary shall maintain or cause to be maintained true and proper
accounts of the receipts and disbursement of the funds of the District
Authority.
3) The Secretary shall convene meetings of the District Authority with
the previous approval of the Chairman and shall also attend meetings and
shall be responsible for maintaining a record of the minutes of the meetings.
6A. 1) The State Authority shall, in consultation with the Chairman of
the District Authority, appoint a person belonging to the Delhi Judicial
Service to look after the work of the Legal Services Committee functional
at that District Courts Complex where such person is posted.
2) The person so appointed shall be incharge of the Legal Services Committees
and shall perform the function of the District Authority in accordance
with the directions issued and during the hours fixed by the District
Authority.
3) The District Authority shall provide staff to the person so appointed
for the committee for rendering secretarial assistance to him/her.
4) There shall be Legal Services Committee one each at Tis Hazari Courts
Complex, Patiala House Courts Complex and Karkardooma Courts Complex.
5) The administrative expenses of every Committee shall be defrayed out
of the District Legal Aid Fund by the District Authority.
6. B. The Legal Services Committee shall perform the following functions
namely :
(a) co-ordinate the activites of legal services in the area specified
for it;
(b) organise Lok Adalats in the area specified for it, and
(c) perform such other functions as the District Authority may assign
to it.
7. 1) The Distrrict Authority shall meet at least once in three months
on such date, and at such place as the Chairman may direct.
2) The Chairman shall preside over the meetings of the District Authority
and in the absence of the Chairman, a person chosen by the members present
from amongst themselves shall preside over the meetings of the District
Authority.
3) The minutes of the proceedings of each meeting shall be truly and faithfully
maintained by the Secretary and such minutes shall be open to inspection
at all reasonable times by the members of the District Authority. A copy
of the minutes shall, as soon as may be, after the meeting, be forwarded
to the Executive Chairman of the State Authority.
4) The quorum for the meeting shall be four including the Chairman.
5) All questions which come up before any meeting of the District Authority
shall be decided by a majority of votes of the members present and voting,
and in case of a tie, the Chairman or the person presiding over shall
have the right to exercise a second or casting vote.
8. 1) The District Authority shall maintain a fund to be called District
Legal Services Authority Fund to which shall be credited :-
a) such amounts as may be allocated and granted to it by the State Authority;
b) all such amounts received by the District Authority by way of donations;
c) all such amounts, charges and expenses as are recovered from the persons
to whom legal service is provided or the opposite party.
2) All the amounts credited to the said fund, shall be deposited in a
nationalised bank.
Explanation: In the sub-regulation “nationalised bank” means
a corresponding new bank as defined in the Banking Companies (Acquisition
and Transfer of Undertakings) Act. 1970 and the Banking Companies (Acquisition
and Transfer of Undertakings) Act. 1980.
3) For the purpose of meeting incidental minor charges such as Court-fee
stamps and expenditure necessary for obtaining copies of documents etc.,
a permanent advance of Rupees one thousand shall be placed at the disposal
of the Secretary of the District Authority.
4) All expenditure on legal service, accommodation and staff of the District
Authority as also expenditure necessary for carrying out the various functions
of the District Authority shall be met out of the funds of the District
Authority and in accordance with the approval of the Chairman.
5) The funds of the District Authority may be utilised for meeting the
expenses incurred on or incidental to travels undertaken by the Chairman,
other members of the District Authority or the Secretary in connection
with legal services activities. The travelling allowance and the dearness
allowance payable to the chairman, the ex-officio members and the Secretary
shall be such as to which they are entitled by virtue of their respective
offices.
6) The Secretary of the District Authority and one member of the District
Authority designated by the Chairman for this purpose shall jointly operate
the bank accounts of the District Authority in accordance with the directions
of the Chairman.
7) The District Authority shall cause to be kept and maintained true and
correct accounts of all receipts and disbursements and furnish quarterly
returns to the State Authority.
8) The accounts of the District Authority shall be audited annually by
a qualified Auditor and submitted to the State Authority.
9. 1) Any person deserving legal service for bringing or defending any
action in the District Courts may make an application in writing in that
behalf. However, if the applicant is illiterate or is not in a position
to write, the Secreatry or an officer of the District Authority shall
record his legal submissions and obtain his thumb impression/signature
on the record and such record will be treated as his application.
2) The District Authority shall maintain a register of applications wherein
all applications for legal service shall be entered and registered note-wise
and the action taken on such applications shall be noted against the entry
relating to such applications.
10. 1) On reciept of an application for legal service mentioned in regulation
9, the Secretary shall first cause the eligibility of the applicant as
per the provisions of the Act read with the rules, examined and determined.
2) If the applicant satisfies the eligibility criteria, the Secretary
shall proceed to examine the merit of his application. For examining the
merits of his application, the secretary may take the assistance of legal
services advocates willing to provide free legal advice. The Secretary
may also take the advice of the Legal Service Counsel-cum-Consultant employed
by the District Authority. The Secretary shall not be precluded from seeking
more than one opinion if any particular case requires in-depth examination.
3) In case the applicant satisfies the eligibility criteria and also has
merit in his application, the Secretary shall proceed to decide the mode
of legal service.
4) An application for the grant of legal services in any matter if it
is not found fit may be rejected, for the reasons to be recorded in writing,
by the Secretary.
5) The applicant whose application for grant of legal services has been
rejected may prefer an appeal before the Chairman for a decision.
6) In case of refusal for the grant of legal services, the secretary shall
inform the applicant in writing of such refusal.
11. Legal Services to be provided may include any one or more of the following:
a) payment of court-fees, process fees and all other charges payable or
incurred in connection with any legal proceedings;
b) charges for drafting, preparing, filing of any legal proceedings and
representation by a legal practitioner in legal proceedings;
c) cost of obtaining and supply of certified copies of judgments, orders
and other documents in legal proceedings;
d) cost of preparation of paper book (including paper, printing and translation
of documents) in legal proceedings and expenses incidental thereto.
12. Legal Services shall not be given in the following cases, namely:
1) Proceedings wholly or partly in respect of :
a) defamations; or
b) malicious prosecution;
c) a person charged with contempt of court proceedings; and
d) perjury.
2) Proceedings relating to any election
3) Proceedings incidental to any proceedings referred to in item (1) and
(2);
4) Proceedings in respect of offences where the fine imposed is not more
than Rs. 50/-.
5) Proceedings in respect of economic offences and offences against social
laws, such as, the Protection of Civil Rights Act, 1955, and the Immoral
Traffic (Prevention) Act, 1956;
Provided that the Chairman may in appropriate case grant legal services
even in such proceedings.
6) Where a person seeking legal services,
a) is concerned with the proceedings only in a representative or official
capacity; or
b) is a formal party to the proceedings, not materially concerned in the
outcome of the proceedings and his interests are not likely to be prejudiced
on account of the absence of proper representation.
13. Irrespective of the means test, legal service may be granted:
a) In cases of great public importance; or
b) in a special case reason for which to be recorded in writing, is otherwise
deserving of legal services.
14. 1) The legal service advocate shall be paid such honorarium asmay
be fixed by the District Authority.
2) No legal service advocate to whom any case is assigned either for legal
advice or for legal service shall receive any fee or remuneration whether
in cash or in kind or any other advantage, monetary or otherwise, from
the aided person or from any other person on his behalf.
3) The legal service advocate who has completed his assignment, shall
submit a statement showing the honorarium due to him together with the
report of the work done in connection with the legal proceedings conducted
by him on behalf of the aided person, to the secretary of the District
Authority, who shall after due scrutiny sanction the fee and expenses
payable to him. It will, however, be open to the legal service advocate
to waive the honorarium wholly or partially. In case of any dispute on
the quantum payable to the legal service advocate, the matter shall be
placed before the chairman for decision.
15. 1) A person seeking legal service shall comply with any requisition
or direction that may be made upon him by the Secretary of the District
Authority or any of the members from the date the application for legal
service is made till he enjoys the legal service granted to him.
2) Every such person shall execute an undertaking in the form annexed
hereto that in the event of the Court passing a decree or order in his
favour awarding costs to him or other monetary benefit or advantage, to
repay by way of reimbursement to the District Authority all costs, charges
and expenses incurred by the District Authority in giving him legal service.
For effecting such reimbursement, he shall authorise the Secretary of
the District Authority. The costs, charges and expences so recovered shall
be credited to the Fund of the District Authority.
3) Every aided person
or his representative shall attend the office of the District Authority
as and when required by the District Authority or by the legal service
advocate rendering legal aid to him and shall furnish full and true information
and shall make full disclosure to the legal service advocate concerned
and shall attend the Court, as and when required, at his own expenses.
16. 1) The District Authority may either on its own motion or otherwise
withdraw legal service granted to any aided person in the following circumstances
namely:-
a) in the event of it being found that the aided person was possessed
of sufficient means or that he obtained legal service by misrepresentation
or fraud;
b) in the event of any material change in the circumstances of the aided
person;
c) in the event of any misconduct, or negligence on the part of the aided
person in the course of receiving legal service;
d) in the event of the aided person not co-operating with the District
Authority or with the legal service advocate assigned by the District
Authority;
e) in the event of the aided person engaging a legal practitioner other
than the one assigned by the District Authority;
f) in the event of death of the aided person; except in the case of civil
proceedings where the right or liability survives;
g) in the event of the application for legal service or the matter in
question is found to be an abuse of the process of law or of legal service
:
i) provided that legal service shall not be withdrawn without giving due
notice thereof to the aided person or to his legal representatives in
the event of his death, to show cause as to why the legal service should
not be withdrawn.
ii) Where the legal services are withdrawn on the grounds set out in clause
(a) above, the District Authority shall be entitled to recover from the
aided person the amount of legal service granted to him.
AFFIDAVIT
I, ....................................................................aged
about............ years S/o|D/o|W/o Shri .............................................................
Resident of .................................................................................................................
do hereby solemnly affirm and state as under :
1. (a) I belong to a memeber of a Scheduled Caste/Scheduled Tribe.
(b) I am a victim of trafficking in human beings or begar.
(c) I am eligible for legal service as I am a woman/child.
(d) I am a mentally ill or otherwise disturbed person.
(e) I am a person under circumstances of undeserved want being a victim
of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake
or industrial disaster.
(f) I am an industrial workman.
(g) I am in custody.
(h) My annual income from all sources is below Rs. 18,000/- (Rupees eighteen
thousand only).
2. I shall comply with any requisition and direction that made by the
Secretary or any of the District Legal Services Authority.
3. I shall furnish full and true information of all facts of my case to
the Legal Services Authority to be provided by the District Authority.
4. I seek to approach the Hon’ble Court of ______________________.
(a) In appeal from the judgement of __________________________ ____________________________
in ________________________
______________________________________________________ (Delete whatever
is not applicable)
5. I hereby agree that in the event of the Court passing a decree or order
in my favour awarding cost to me or other monetary benefit or advantage
I shall repay by way of reimbursement to the District Authority all costs,
charges and expenses incurred by the District Authority in giving me legal
service. I hereby also authorise the secretary to do all such acts and
things as may be necessary for recovery or realisation of the amount decreed
or ordered to be paid to me and to reimburse the same for the above mentioned
purpose.
6. I agree that my
case be listed before the Lok Adalat if at any stage it is considered
by the District Authority that my matter can be reconciled or settled
through Lok Adalat.
Deponent
Verfication :
I, Shri/Smt./Km. _________________ the above mentioned deponent do hereby
verify that the contents of the Paras I to IV are true and correct to
my knowledge, nothing stated therein is false and nothing has been concealed.
Verified on this day of ________________ 200 ______ at ________.
Deponent By order and in the name of the patron-in-Chief of the Delhi
Legal
ServicesAuthority.
sd/-
MemberSecretary
DelhiLegalServicesAuthority
NewDelhi
ByOrder
UnderSecretary(L&J)
Government of Delhi
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