THE ANDHRA PRADESH STATE LEGAL SERVICES AUTHORITIES RULES,
1995.
In exercise of the
powers conferred by Section 28 of the Legal Services Authorities Act, 1987
( No. 39 of 1987 ), as amended by the Legal Services Authority ( Amendment
) Act, 1994 ( No. 59 of 1994 ), andin consultation with the Chief Justice of the High Court of Andhra
Pradesh, the Government of Andhra Pradeshhereby makes the following rules
:-
RULES
1.Short title and
commencement :-
(i)These rules may be
called the Andhra Pradesh StateLegal Services Authority Rules, 1995.
(ii)They shall come into
force on and from the date of the publication of these rules in the Andhra
Pradesh Gazette.
2.Definitions :-In these rules, unless the context otherwise requires :-
(a)"Act:" means the Legal Services Authorities Act, 1987 ( No. 39 of
1987 )
(b)"Chairman " means the Executive Chairman of the State Authority,
or, as the case may be, the Chairman of the High CourtLegal Services Committee, or, as
the case may be the Chairman of the District Legal Services Authority, or,
as the case may e, the Chairman of the Mandal Legal Services
Committee;
(c)"Member" means the member appointed under clause ( c ) Sub-section
(2) of Section 6 clause (b) of sub-section (2) of section 8-A, clause (b)
of sub-section ( 2 ) of sec. 11-A of the Act;
(d)"Secretary" means the Member-Secretary of the State Legal Services
Authority constituted under sub-section ( 3 ) of section 6 of the Act, or,
as the case may be, the constituted under sub-section ( 3 ) of Sec. 8-A of
the Act, or as the case may, be the Secretary of the District Legal
Services Authority constituted under sub-section ( 3 0 of Section 9 of the
Act;
(e)"Mandal Legal Service Committee" means a Mandal Legal Services
Committee constituted under Section 11-A of the Act;
(f)All other words and expressions used in these Rules but not defined
shall have the meaning respectively assigned to them in the
Act.
3.Establishment andConstitution of the State Authority:
(i)(a)The State Authority shall have Chief Justice of the High
Court
as Patron-in-chief;
(b)A serving / retired Judge of the High Court as Executive
Chairman;
(c)A District Judge from State Higher Judicial Service as
Member-Secretary.
(ii)The following shall be Ex-officio Members of the State
Authority:
(a)Advocates General of the State;
(b)The Principal Secretary in the Department of Finance;
(c)The Secretary in the Department of Law;
(d)The Secretary in the Department of Home;
(e)Chairman, State Scheduled Castes and Scheduled Tribes
Commission.
(f)Two Chairmen of the District Authority, as may be nominated by the
State Government, in consultation withtheChief Justice of the High
Court;
(iii)The State Government may nominate, in consultation with the Chief
Justice of the High Court, other member from amongst those possessing the
experience and qualificationsprescribed in sub-rule (iv) or Rule 3. ( The State Authority shall
have not more than 15 members including 7 ex-officio Members );
(iv)A person shall not be qualified for nomination as a member of the
State Authority unless he is:-
(a)an eminent social worker who is engaged in the up liftment of the
weaker sections of the people, including Scheduled Castes, Scheduled
Tribes, women, children, rural and urban labor; or
(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 scheme.
4.The Power and Functions of the Member Secretary of the State
Authority,
Inter Alia, shall be:-
(a)to give free legal services to the eligible and weaker
sections;
(b)to work out modalities of the legal Services Schemes and Programs
approved by the State Authority and ensure their effective monitoring and
implementation;
(c)to exercise the powers in respect of administrative, house-keeping,
finance and budget matters as head of the Department in the State
Government:
(d)to manage the properties, records and funds of the State
Authority;
(e)to maintain true and 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 liason with the social action groups and district and mandal
legal services authority
(h)to maintain up-to-date and complete statistical information
including progress made in the implementation of various Legal Services
Programmes, from time to time;
(i)to process proposals for financial assistance and issue utilization
certificatethereof;
(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;
(l)to lay stress on the resolution of Rural Dispute and to take extra
measures to draw schemes for effective and meaningful legal services to
draw schemes for effective and meaningful legal services for setting rural
dispute at the doorsteps of the rural people;
(m)to perform such of the functions as are assigned to him under the
Schemes formulated under clause (b) of section 4 of the Act; and
(n)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 Section 6:-
(a)(I) The membersof the
State authority nominated under sub rule(iii) of rule 3 by the State
Government shall continue for a term of two years and shall be eligible
for re-nomination.
(b)A member of the State Authority nominated under sub-rule (iii) of
rule 3 may be removed by the State Government if in the opinion of the
State Government, he is not desirable to continue as a member.
(c)If any member nominated under sub-rule ( iii) of rule 3 ceases to
be a member of 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 a member for the remaining term of the
member in whose placehe is
nominated.
(d)All members nominated under sub-rule (iii) of rule 3 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 area applicable to be Grade 'A' Officers, as amended
from time to time.
(e)If the nominated member is a government employees, 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 Sate Authority.
(f)The member Secretary of the State Authority shall be she whole time
employee and shall hold office for a term of not exceeding five
years.
(g)In all matters like age of retirement, pay and allowance, benefits
and entitlements; and disciplinary matters; the Member Secretary shall be
governed by the State Government rules 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 Section 6:-
The State Authority shall
have such number of officers and other employees for rendering
secretarial assistance and for its day-do-day functions as are set out in
Schedule to these rules or as may be notified by the State Government from
time to time.
7. The conditions of service and the Salary and Allowances of Officers
and otherEmployees of the
State Authority under sub-section (6) of Section 6 :-
(i)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 State
Government employees holding equivalent posts;]
(ii)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 State Government
rules as are applicable to persons holdingequivalent posts.
(iii)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 State Government, from time to time.
8.The experience
and qualifications of Secretary of the High Court LegalServicesCommittee under sub-section (3) of
Section 8-A:-
A person shall not be
qualified for appointment as Secretary of the High Court Legal Services
Committee unless he is an officer ofthe High Court not below the rankof Joint
Registrar.
9The number
of officers and otheremployees of the High Court Legal servicesCommittee under sub-section (5) of
Section 8-A and the conditionsof
service and the salary and allowances payable to them under sub-section
(6) of thatsection:-
(i)The High Court Legal Services Committee shall have such number of
Offices 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 State
Government from time to time.
(ii) In
all matters like age of retirement,pay and allowences, benifits and
entitlements and disciplinary matters,the officers and other employees of
the
High Court Legal Services Committee shall be entitledto such other facilities,
allowances and benefits asmay be notified by the State Government from time to time.
10.The
Number, Experience and qualifications of Members of the District
Authorityunder clause (b) of Sub-section (2) of section 9:-
(i)The District Authority shall bot have more than EIGHT members.
(ii)The following shall be ex-officio members of the Destrict
Authrity.:-
(a)District Magistrate;
(b)Superintendent of Police;
(c)Chief Juddicial magistrate; and
(d)District Government Pleader;
iii)The State Government may nominate, in consultation with Chief
Justice of the High Court, other members from amongst those possessing the
qualifications and experience prescribed in sub-rule (iv) of this
Rule.
(iv)A person shall not be qualified for nomination as a member of the
District Authority, unless he is;
(a)and eminent Social Worker who is engaged in the upliftment of the
weakersections ofthe people, including Scheduled
Castes,Scheduled Tribes,
Women, Childrenand Rural
Labour;
(b)an eminent person in the field of law;or
(c)a person of repute who is specially interestedin the implementation of the Legal
Services Schemes.
11.The
number of Officers and other Employees of the District Authority
undersub-section
(5) of Sections 9;-
The District Authority shall have such number of officers and other
employees for rendering secretarial assistance and for its day-today
functions as are set out in Schedule to these rules or as may be notified
by the State Governmentfrom
time to time.
12.The conditions of
Services and the Salary and the Allowances of the Officersandother employees of the District
Authority under sub-section (6) 9:-
(i) The
officers and other employees of the DistrictAuthority shall be
entitledto draw pay and allowances in the
scale of pay indicated against each post in the Schedule to these rules or
at par with the State Government employees holding equivalent posts.
(ii)in all matters like age of retirement, pay and allowances, benefits
and entitlement and disciplinary matters, the officers and other employees
of the District Authority shall be governedby the State Governmentrules as are applicable to persons
holdingequivalent
posts.
13.The
number, Experience and qualifications of Members of the Mandal
LegalServices committee under clause
(b) of Sub-section (2) of Section 11-A:-
(i) The Mandal Legal Services Committee shall have not more than five
members.
(ii)The following shall be ex-officio members of the Mandal Legal
Services Committee:-
(iii)Sub-Divisional Officer;
(iv)Sub-Divisional Police Officer;
(v)TheState 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 (iv) of this Rule.
(vi)A persons shall not be qualified for nomination as a member of the
Mandal Legal Services Committee unless he is:-
(a)an eminent Social Worker who is engaged in the upliftment of the
weaker sections of the people, including Scheduled Casts, Scheduled
Tribes, Women, Children and Rural Labour; or
(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 Service Scheme.
14.The number of Officers and other Employees of the Mandal Legal
Services Committee under Sub-section ( 3 ) of Section
11-A:-
The Mandal legal Services Committee shall have
such number of officers and other employees for rending 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 State Government from time to
time.
15.The Conditions of service and the Salary and Allowances of Officers
and other Employees of the Mandal Legal Services Committee under
Sub-section (4) of Section 11-A:-
(i)In
all matters like age of retirement, pay and allowances, benefits and
entitlements and disciplinary matters, the officers and other
employees of the mandal legal Services Committee shall be governed by the
State Government rules as are applicableto persons holding equivalent
posts.
(ii)The Officers and other employees of the Mandal Legal Services
Committee shall be entitled to such otherfacilities, allowances and
benefits as may be notified by the State Government.
16.The Upper limit of Annual income of a person entitiling him to
Legal Servicesunder Clause
(h) of Section 12, if the case is before a Court,other than the Supreme
Court:-
Any Citizen of India
whose income from all sources does not exceed { Rs. 50,000/- ( Rupees Fifty Thousand
only) } or such higher amount as may be notified by the State Government
from time to time, be entitled to legal services under clause (h) of
Section 12 of the Act.
17.The
experience and qualifications of other persons of the Lok Adalats
otherthan referred to in Sub-section (4) of
Sec..19A:-
A Person shall not be
qualified to be included in the Bench of Lok Adalat unless he is:-
(a)an eminent
social worker who is engaged in the upliftment of the weakersections of the people, including
Scheduled Castes, Scheduled Tribes, Women , children, Rural And Urban
Labour;or
(b)a lawyer of
standing ; or
(c)a person of
repute who is specially interested in the implementation of the Legal
Services Scheme and Programming.
18.Execution of a wards passed by the Lok Adalatsin respect of pending cases and
prelitigation cases:-
The awards passed by the
Lok Adalats in respect of pending casesshall be executable by thecourts in which those matters were
pending prior to the passing by the Lok Adalats.
Provided that
the awards passed by the Lok Adalats in respect of the matters at
prelitigative stage shall be executable through the Court of District
Judges of the District in Which the Lok Adalats is held.
(i) Necessary certificate for refund ofCourtFee will be issued by the Court
which referred the case to the Lok Adalatto the person who is entitled for
which refund of Court Fee.
(ii)On production of such certificate, the District Collector or the
competent Revenue Authority shall refund the amount of Court Fee in the
manner provided in the Andhra Pradesh Court Fees and Suit Valuation Act.,
1956".
THE ANDHRA PRADESH STATE LEGAL SERVICE AUTHORITY
REGULATIONS, 1996
In exercise of the powers conferredunder the provisions of
Section29A of the Legal
Services Authorities Act, 1987, and in Consultation with the Hon'ble Chief
Justice of Andhra Pradesh wherever necessary, the State Legal Services
Authority hereby makes the following Regulations:-
CHAPTER - I
1.Title and Commencement :-These Regulations may be called the Andhra
Pradesh State Legal Services Authority Regulations and they shall come
into force from such date as may be fixed by the Authority.
2.Definitions :-I n these Regulations, unless
the context otherwise requires :-
(a)"Act" means, the
Legal Services Authority Act, 1987 9 No. 39 of 1987 );
(b)"State Authority"
means, the Andhra Pradesh, State Legal Services Authority;
(c)"High Court Committee' means the Andhra Pradesh High Court Legal
Services Committee constituted under Section 8A of the Legal Services
Authorities Act;
(d)'District Authority" means the District Legal Services Authority
Constituted under Section 9 ofthe Legal Services Authorities Act and shall include the
Metropolitan Legal Services Authority and the City Civil Court Legal
Services Authority;
(e)"Taluk Committee"
means the Taluk Legal Services Committee constituted under Section 11 A of
the Legal Services Authorities Act;
(f)"Rules" means the Andhra
Pradesh State Legal Services Authority Rules, 1995;
(g)"Legal Practitioner" shall have the meaning assigned to that
expression in the Advocates Act, 1961;
(h)"Member" means a
member of the State Authority, High Court Committee, District Authority or
the Taluk Committee as the case may be;
(i)"Nominated Member"
means a member nominated to the State Authority, High Court Committee, the
District Authority or the Taluk Committee, as the case may be;
(j)all other words and expressions used in these Regulations but not
defined shall have meaning respectively assigned to them in the Act and
the Rules framed there under.
. 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 decision to be taken, the
Patron-Chairman and may be exercised through its Secretary who shall act
under the control of the Chairman.
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.
The Executive Authority of the Taluk committee shall vest in its Chairman
and may be exercised either by himself or thorough such other officer who
is chosen for the purpose.
Other Functions to be Performed by the State
Authority.
(Shall come into force
with such modifications as are adopted inconsultation with the Central
authority ( vide Section 7 (d) of the Act.)
4.In addition to the functions to be performed by the State
Authority, as laid down by Section 7(1) and (7) (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 terminating 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 finance public interest litigation's before
appropriate courts in the State if it is satisfied that such litigation's
are for the general benefit of a large body or class of persons who cannot
by themselves take recourse to large body or class of persons or other
similar reasons.
(3)The State Authority may conduct legal aid clinics in different
parts of the State 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 conciliation committees at various centers in the
State with a view to providing permanent or quasi-permanent infrastructure
for resolving legal disputes between the parties, whether they may be
pending in course or may be in the offing. For establishing such Committee
it will be open to the State Authority / or the District Authority to take
active assistance / support ofsuch social service organizations that have zeal for legal aid
work.
(5)May review the case where legal services are refused by the
District Authority, on application.
ITS POWERS AND FUNCTIONS HIGH COURT LEGAL SERVICES
COMMITTEE
CONSTITUTION OF THE ANDHRA PRADESH
HIGH COURT LEGAL SERVICES COMMITTEE.
5.The State Authority shall constitute a Committee called the High
Court Legal Services Committee consisting of a sitting Judge of the High
Court who shallbe nominated
by the Patron-in-Chief as Chairman and the following eight other members
to be nominated the Patron-n-Chief.
(1)The President of the A.P. High Court Advocates Association;
(2)One Member of the A.P. High Court Advocates' Association having not
less than 15 years of standing at the bar;
(3)One Member of the A.P. High Court Advocates Association having not
less than 5 years and not more than 15 years of standing at the bar.
(4)One Member of the Women Lawyers Association of High Court of A.P.
Having not less than 10 years standing at the Bar;
(5)One serving or retired eminent Law Teacher of a University;
(6)An eminent social worker engaged in the upliftment of the weaker
sections of the people, including ScheduledCastes, Scheduled Tribes, Women,
Children and Rural Labour;
(7)An eminent person in the filed of a Law; and
(8)A person of repute who is specially interested in the
implementation of the Legal Services Schemes.
6.Term of Office of the Members and Secretary of the High Court
Legal Services Committee.
(1)The term of the office of the Secretary and members of the High
Court Committeeshall be for
a period of Two Years unless earlier terminated by the
Patron-in-Chief. All members of the Committee except the
Secretary shall function in an honorary capacity
(2)if any member including the Chairman cases to be the member of the
High Court Committee for any reason, the vacancy shall be filled up in the
same manner as the original nomination and the person so nominatedshallcontinue to be the member or the
Chairman, as the case may be, for the remaining term of the member or the
Chairman in whose place he is nominated.
7.Removal of the Members other than Chairman of the High Court
Committee from Office in Certain Circumstances:
(1)The Patron-in-Chief in consultation with the Executive Chairman of
the State Authoritymay
remove any member nominated under Section 8A (2) (b) from the High Court
Committee, who;
(a)fails without sufficient cause, to attend three consecutive
meetings of the Committee; or
(b)has been adjudged insolvent ; or
(c)has been convicted of an offence which, in the opinion of the
Patron-in-Chief of the State Authority, involves moral turpitude; or
(d)has become physically or mentally incapable of acting as a meeting
; or
(e)has so abused his position as to render his continuance in the
Committee prejudicial to thepublic interest.
(2)Notwithstanding anything contained in Sub-Clause (1) of this
Regulation, no member of the Committee shallbe removed, on any of the grounds
specified therein unless he has been given reasonable opportunity to be
heard.
(3)A member of the High Court committee may resign his office by
writing under his hard addressed to the Patron-in-Chief through the
Executive Chairmanof the
StateAuthority and forwarded
through the chairman of the High Court Committee. The resignation shall
take effect from the date on which it is accepted by the
Patron-in-Chief.
Power and Functions functions of the High Court
Committee.
8.Subject to the general superintendence and control of the State
Authority, the High Court Committee shall exercise the following powers
and perform the following functions;
(a)recommend to the State Authority for filling of Public Interest
Litigation in the High Court for the general benefit of a large body or
class of persons who cannot by themselves take recourse to law due to
penuryilliteracy or other
similar reasons;
(b)convene and organise Lok Adalats at regular intervals in respect of
High Court cases;
(c)receive applications for legal services in respect of cases
pertaining to High Court of A.P.;
(d)ensure that the case of every applicant is promptly processed and
disposed of;
(e)consider the cases brought before it for legal services and decide
as to what extent legal services can be made available to the
applicant.
(f)Persuade the parties to appear before it and make efforts to bring
about a just settlement between them and if necessary also refuse the
legal services, if in its opinion, the conciliation has failed due to any
fault on the part of the applicant;
(g)Encourage and promote conciliation and settlement in all legal
proceedings;
(h)Take proceedings for the recovery of the costs awarded to a person
to whom legal services are rendered;
(i)Submit recommendations and suggest improvements to the State
Authority in the working of these Regulations;
(j)Prepare and submit such reports, returns and other statistics or
information, as the State Authority may call for; and
(k)Perform and exercise such other functions and powers as may be
determined by the State Authority from time to time.
9.Term of Office of the Members of the District
Authority:-
(1)The term of the office of the members 1[ xxx ] of the
District Authorityshall be
for a period of Two Years.
(2)If any member of the District Authority cases to be the members 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 the
member for the remaining term of the member in whose place he is
nominated
(3)A member of a District Authority may resign his office by writing
under his hand addressed to theStategovernment
through the Executive Chairman of the State Authority and forwarded
through the Chairman of the District Authority. The resignation shall take
effect from the date on which it is accepted.
10.Removal of the Member from Office in Certain
Circumstances:-
(1)on recommendation of the Patron-in-Chief in consultation with the
Executive Chairman of the State Authority, the State Governmentshall removeany nominated member from the
District Authority, who-
(a)fails, without sufficient cause, to attend three consecutive
meetings of the District Authority;
(b)has been adjudged insolvent; or
(c)has been convicted of an offence which, in the opinion of the
Patron-in-Chief, involves moral turpitude; or
(d)has become physicallyor mentallyincapable
of acting as a member; or
(e)has so abuses his position as to render his continuance in the
District Authority prejudicial to the public interest.
(2)Notwithstanding anything contained in Clause (1) of this
Regulation, no member shall be removed unless the recommendation for his
removal has been made. On any of the grounds mentioned therein, only after
affording him reasonable opportunity to beheard.
11.Additional Functions of the District Authority
:-
In addition to the
functions assigned to itunder the Act and Rules, the District Authority shall perform the
following functions, subject to the general superintendence and control of
the State Authority.
(1)Shall perform such other functions as the State Authority may fix
by Regulations from time to time and shall also be guided by such
directions as Central Authority or the State Authority may give to it in
writing from time to time;
(2)Conduct legal literacy camps in different parts of the District
with a view to transmitting knowledge about the legal aid schemes
conducted in the State or with a view to spreading consciousness about
tribal and rural population, women, children, disabled, handicapped and
the weaker sections of the society;
(3)Conduct legal aid clinics in different parts of the District in
collaboration with Law Colleges. Universities and other social services
organisations;
(4)Supervise, direct and guide the working of the Taluk Committee in
the District.
(5)Call for from the Taluk Committees in the District such periodical
reports, returns and other statistics or information as it may think fit,
or as are required by the State Authority;
(6)Prepare, consolidate and submit such reports, returns and other
statistics or informationin
respect of DistrictAuthorities, as the State Authority may call for;
(7)Receive applications for legal services and ensure that every
applications is promptly processed and dispose of
(8)Consider the cases brought it for legal services including
pre-litigation matters and decide as to what extent legal services can be
made available to the applicant;
(9)Persuade the parties to appear before it and make efforts to bring
about a just settlementbetween them and if necessary also refuse the legal services, if in
its opinion the conciliation hasfailed due to any fault on the part of the applicant.
(10)Encourage and promote conciliation and settlement in all legal
proceedings, including pre-litigation matters.
(11)Take proceedings for recovery of costs awarded to a person to whom
legal services are rendered;
(12)May review the cases where legal services are refused by the Taluk
Committee, on application;
12.Taluk Legal Services Committee:Term of Office and other
conditions relating thereto of Members of the Taluk
Committee:-
(1)The term of Office of the Members of the Taluk Committee shall be
for aperiod of two
years.
(2)Ifany member of the
said Committee ceases to be such member for ay reason, the vacancy shall
be filled up in the same manner as the original nomination and the person
so nominated shall continue to be the member for the remaining term of the
member in whose place he is nominated.
(3)A member of the Taluk Committee may, resign his office by writing
under his hand addressed to the Executive Chairman of the State Authority
and forwarded through the Chairman of the District Authority under
intimation to the Chairman of the Taluk Committee. Such resignation shall
take effect from the date on which it is accepted by the Executive
Chairman of the State Authority.
13.Removal of the Member from the office in certain circumstances
:-
A
nominated member of the Taluk Committee shall be removed by the State
Government on the recommendation of the Executive Chairman of the State
Authority for such removal on any of the grounds mentioned in Regulation
10 (1) (a) to (e) when the recommendationis made after affording the member
a reasonable opportunity to be heard.
14.Additional Functions of the Taluk Committee :-
In addition to the
functions assigned to it under the Act and rules, the Taluk Committee
shall perform the followingfunctions subject to the general superintendence of the District
and State Authorities.
1.receive applications for legal services in respect of cases in all
theCourts functioning in the
Taluk area of the Committee;
2.ensure that the case of every applicantis promptly processed and disposed
of.
3.Consider the cases brought before it for legal services including
pre-litigation matters and dicide as to what extent legal service can be
made available to the applicant.
4.Persuade the parties to appear before it and makek efforts to bring
about a just settlement between them and if necessary also refuse the
legal services, if in its opinion the conciliation has failed due to any
fault on the part of the applicant.
5.Encourage and promote conciliation and settlement in all lerge
proceedings including pre-litigationmatters;
6.Take proceedingsfor
the recovery of costs awarded to a person to whom the legal services
wererendered.
7.Perform such other functions and discharge such other duties as the
District Authority or the State Authority may entrust to it from time to
time.
15.Meetings :-The
Member Secretary of the State Authority with the prior approval of the
Executive Chairman of the State Authority shall convene meeting of the
State Authority atleast once in 1[three months ] and as
frequently as the business may warrant.
The Secretary of the High
Court committee or of the District Authority with the prior approval of
the Chairman of the respective authority , and the Chairman of the Taluk
Committee, as the case may be shall Vincent meetings of the respective
bodies at least once in two months and as frequently as the business may
warrant.
In the absence of the Executive
Chairman of the State Authorityor of the Chairman of the High Court Committee the District
Authority or the Taluk committee as the case may be, one of the Ex-officio
Members chosen by the Members present at the meeting shall preside over
the meeting of the respectivebodies.
.16.
Minutes of the Meeting:- The minutes of the proceedings of every
meeting shall be prepared by theMember Secretary or the Secretary of the High Court Committee or
the DistrictAuthority, as
the case may be,as soon as
possible after the meeting and after obtaining the approval of the
respective Chairman, thereto, he shall circulate the minutes to the
members. The minutes shall be confirmed and signed by the respective
Chairmanunless any member
who was present at the meeting been incorrectly or incompletely recorded
and has communicated his objections in writing to the MemberSecretary or the Secretary as the
case may be, within seven days of the receipt of the minutes by him or
her. Any objections received shall be considered by the respective
Chairmanof the bodies who
may make such modifications in the minutes as are though proper, and the
modified minutes shall then be confirmed and signed by the respective
Chairman.
The minutes of the
proceedings of every meeting of the Taluk committee shall be preparedunder the guidance of the Chairman
by such officer as he directs. The minutes of the meetingshall be circulated to the member
and be confirmed and signed by the Chairman in similar manner as is
provided for the High Court Committee or the District Authority, as for as
possible.
17.Decisions by way of Resolutions:-All decisions of the State Authority, high
Court Committee, District Authority, or the Taluk Committee shall be by
way of resolutions passed in the meeting and in the event of any
dissension the decision of the ExecutiveChairman or the Chairman of the
different other bodies as the case may be, shall be final.
Provided that in such
matters as may be directed by the Executive chairman oir the Chairman of
the different other bodies as the case may be, the decision of the State
Authorityor of the High
Court Committee, the District Authority or the Taluk Committee may be
taken by circulation.
18.
Expenditure for the meeting :-
(a)The Member Secretary of the State Authority is authorized to spend
an amount not exceeding 1[ Rs. 500/- ( Rupees Five Hundred Only
) for a meeting of the State Authority, and an amount not exceeding
1 [ Rs. 300/- ( Rupees Three Hundred only )] for a meeting of
any Sub-Committee, from out of the Legal Aid Fund.
b)The Member Secretary may sanction an amount not exceeding 1{Rs.
500/- ( Rupees Five Hundred only) for each meeting of the High Court
committee on the requisition of the Secretary of the Committee.
(c)The Chairman of the District Authority may incur an expenditure not
exceeding 1{Rs. 300/- ( Rupees Three Hundred only ) for a meeting of the
District Authority.
(d)The Chairmanof the
District Authority is authorized to sanction an amount not exceeding 1{Rs.
200/- ( Rupees Two Hundred only ) } from out of the DistrictLegalAid Fund for each meeting of the
Taluk Committee on the requisition of the Chairman of the Taluk
Committee.
Receiving of the Applications for Legal Service :- A person seeking legal services by the
HighCourt Legal Services
Committee,District Authority
or the Taluk Committee, as the case may be, shall send an application
under affidavit containing the brief facts of the case, and where the
applicant is a person as stipulatedin Section 12(h) of the Act, not being one covered under any other
of that Section, the affidavit shall also state the details of the
properties possessed by him and his annual income from all sources.
Scrutiny of Applications :- The applications shall be scrutinized and
disposed of by the Secretaries of the High Court Committee, District
Authority and by the Chairman of the Taluk committee, as the case may be,
giving such directions as to allowing of such legal services as are
thought necessary;
Provided that all orders
passed by the Secretaries of the High Court Committee or of the District
Authority rejecting legalservices shall be passed after obtaining orderof the respective Chairman;
Provided further that all orders of grant of legal services by the
Secretaryof the High Court
Committee or the District Authority Shall prepare 1[Two] panels
of Advocates, forentrustment
of the case for rendering legal services, as follows;
(1)Advocates who
volunteer to render legal services gratuitously
(2)1[ Advocates who
are willing to work on payment of honorarium / on payment of the amount of
fee as prescribed is the schedule or such other fee as may be fixed by the
executive Chairman of the State Authority or the Chairman of the District
Authority or the Taluk Committee as the case, the matters other than those
specified in the schedule].
Provided that the advocate
members of the State Authority, High Court Committee, District Authority
or the Taluk Committee may always volunteer to render legal services
gratuitously;
Provided
further that in choosing the panels care shall be taken to empanel
Advocates of repute who are specially interested in implementationof legal services scheme.
.Part Payment of Fees to Advocates :- In suitable cases Advocates may be paid one
third of the fees at the commencement of the case or at intermediate
stage.
Duty Counsel :- The High
Court Committee, the District Authority and the Taluk committee shall
identify retired Judicial Officers or advocatesof High reputation to act as Duty
Counsel, whose duties and functions are to be specified by the Executive
Chairman of the State Authority.
Duty of Legal Practioner :to take further Action, after the
decision of a case by the Court:-
The legal practioner conducting a case on
behalf of aperson receiving
the services shall, as soon as the case is decided, apply for a copy of
judgmentand decree ifany and immediately on receipt of
the copies shall submit them to the body appointing him together with his
detailed comments. The Taluk Committee, the District Authority or the High
Court Committee, as the case may be, shall take steps to recover the
expenses of the services rendered from out of the costs if any, awarded by
the court to the person concerned and received by him. Such bodies may
also consider, where necessary, the feasibility of filing an appeal,
revision or a Writ Petition if-
1.the case has been decided against the person;
2.the case is prima facie fit taking to such remedies;
3.the aided person has applied for legal services for taking recourse
to such remedies;provided that it
will not be necessary to make a fresh enquiry as to eligibility under
Section 12(h) of the Act , wherever applicable, unless the Taluk
Committee, the District Authority or the High Court Committee,
as
the case may be, is of the opinion that a change of the circumstances has
taken place since the grant of the legal services;
Modes of Legal Services and Advice:-The LegalServices admissible under these
Regulations shall be in all or any of the following modes, namely:-
1.Legal advice by a legal practitioner on the list of legal
practitioners maintained bythe Taluk Committee, the District Authority and the High Court
Committee, or of any voluntary organization sponsored and encouraged by
the State Authority.
2.Legal Services in the form of
(I)Representationof an
entitled person by a legal practitioner on the list in the legal
proceedings;
(II)Payment to the entitled person or on his behalf-
a.of court fee;
b.of process fee and expenses of witnesses;
c.of charges for preparation of paper books, including charges for
Printing and translation of documents;
d.of charges for the supply of certified copies of judgement,
decrees, orders and other documents;
e.of any amount on any other account in any legal proceedings;
Bar on charging remuneration by the Legal Practitioners from
persons to whom Legal Services are rendered :-
No. legal practitioner who
is rendering legal services under these Regulations shall charge any
remuneration in any form whatsoever from any person to whom legal services
are rendered.
Agreement:-The Taluk committee, the District Authority or
the High Courtcommittee, as
the case may be, giving legal services, obtain from such person an
agreement containing such general conditions as the Taluk Committee, or
the District Authority, or the High Court Committee, as the case may be,
may consider fit to impose having regard to the special facts and
circumstances of the case.
Provided that the agreement shall invariably contain the following
condition, namely:-In consideration of the
legal services received, the applicant hereby agrees to repay the same to
the Taluk Committee / the District Authority / the High Court Committee,
in the eventof his ultimate
success in the legal proceedings for which he was given the services, on
realization of assets or costs either in the legal proceedings or in other
connected legal proceedings yielding income more than the amount of
service allowed.
Limits
of Pecuniary Aid:-The High Court Committee,
District Authority and the Taluk committee may sanction monetary aid to
the applicants as fees of advocates, to the extent as provided for in the
schedule of the Regulations.
With the previous
sanction of the State Authority anAdvocate may be engaged to conduct batch cases or similar class of
cases at fixed consolidated fees per day or
month.
The amounts sanctioned by
the High Court Committee shall be aid by the State Authority from the
State Legal Aid Fund. The amounts sanctionedby the Taluk committee shall be
paid by the District Authority from the District Legal AidFund.
Procedure for organising Lok Adalats :- (1) The Secretary of the High Court Cmmittee
or the District Authority or the Chairman of the Taluk Committee, as the
case may be, shall convene and organise Lok Adalats at regular
intervals;
Provided that the
Secretary of the High CourtCommittee or the District Authority or the Chairman of the Taluk
Committee, as the case may be, shall convene a Lok Adalat as soon as about
30 cases referred to it under Section 20 of the Act or otherwise are
available for being taken up.
(1)The Secretary of
the High Court committee or the District Authority or the Chairman of the
Taluk Committee as the case may be may associate the members of the legal
profession, college students, social organisatins, charitable and
philanthropic institutions and other similar organisations with the Lok
Adalts.
intimation to the State Authority :-
1.The Secretary of the HighCourt Committee or the District Authority or the Chairman of the
Taluk Committee, as the case may be, shall inform the State Authority
about the proposal to organise the LokAdalat well before the date on
which the Lok Adalat is proposed to be organised and furnish the following
information to the State Authority :-
a.the place and the date on which the Lok Adalat is proposed to be
organised;
b.whether some of the organizations referred to in Regulations 29 (2)
have agreed to associate themselves with the Lok Adalat;
c.categories and nature of case, viz. Pending cases or prelitigation
disputes or both proposed to be placed before the Lok Adalat;
d.number of cases proposed to be brought before the Lok Adalat;
e.any other information relevant to the convening and organizingof the Lok Adalat.
Notice to the Parties Concerned :- The Secretary of the High Court committee or
the District Authority or the Chairman of the Taluk Committee, as the case
may be, convening and organizing Lok Adalat shall inform every litigant
whose case is referred to the Lok Adalat, well in time so as to afford him
an opportunity to prepare himself for the Lok Adalat.
Composition of the Lok Adalat :-
(a).At the High Court
Level The secretary ofthe
High Court Committee organising
the Lok Adalat shall
constitute Benches of the Lok Adalats, each Bench comprising two or three
of the following:-
1.a sitting or retired judge of the High Court.
2.A senior member of the Legal Profession ; and
3.A ( local ) social worker of repute who is engaged in the uplitment
of the weaker sections of the people, including Scheduled Casts, Scheduled
Tribes, Women, Children, Rural and Ubran Labour and interested in the
implementation of the Legal Services Schemes and Programmes.
(b)At
District Level : - The Secretaryof the District Authority
organisingthe Lok Adalat
shall constitute Benches of the Lok Adalats, each Bench comprising two or
three of the following :-
1.a sitting or retired Judicial Officer;
2.a senior member of the Local Bar;
4.a ( Local ) social worker of repute who is engaged in the uplitment
of the weaker sections of the people, including Scheduled Castes,
Scheduled Tribes, Women, Children, Rural and Ubran Labour and interested
in the implementation of the Legal Services Schemes and Programmes.
(c)At
Taluk Level :- The Chairmanof the Taluk committee organizing
the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench
comprising two or three of the following:-
1.a sitting or retired Judicial Officer;
2.a senior member of the local Bar; and
3.
A
social worker of repute who is engaged in the up liftment of the
weaker sections of the people including schedule casts ,schedule tribes
,women and children, rural and urban labor and interested in the
implementation of the legal services schemes and the
programs
4.The Chairman of the High Court Committee, the District Authority
and the Taluk Committee may directly supervise the LokAdalat organised by therespective bodies.
.Solemnity in conducting Lok Adalat :- Every Lok Adalat shall be conducted with the
solemnity attached to a court and avoiding any ostentatious show.
.Expenditure for the Lok Adalat:- The expenditure incurred for organising a Lok
Adalat shall not exceed 1[Rs. 1000/- ( Rupees One Thousand only ) ]
including expenditure incurred for publicity etc.,
Necessary help from
publicity media like press, Radio and television can be taken in giving
publicityof the proposed Lok
Adalat.
Non political and
voluntary services institutions maypartake in organising
Lok Adalat by arranging free distribution of food packets to the public
gathered atthe Lok
Adalat.
Summoning of Records and the Responsibility for its Safe
custody:-
1.The Secretary of the High Court Committee or the DistrictAuthority or the Chaiman of the
Taluk Committee, as the case may be, may call for the judicial records of
those pending cases which are referred to that Lok Adalat under Serction
20 of the Act from the Concerned Courts.
2.If any case is referred to the Lok Adalat at the Pre-litigation
stage, the version of each party shall beobtained by he Secretary of the
High Court Committee, or the DistrictAuthority or the Chairman of the
Taluk Committee, as the case may be, to be placed before the Lok
Adalat
3.The Secretary of the High Court Committee or the District Authority
or the chairman of the Taluk Committee, as the case may be shall be
responsible for the safe custody of the records from the time he receives
them from the Court till they are returned.
4.Every judicial authority is expected to cooperate in transmission
of the Court records.
5.The judicial records shall be returned within ten days of the Lok
Adalat irrespective of whether or not the case is settled by the Lok
Adalat with an endorsements about the result of the proceedings.
1.The Secretary of the High Court Committee or the District
Authorityor the Chairman of
the Taluk committee, as the case may be, shall assign specific cases to
each Bench of the Lok Adalt.
2.The Secretary of the High Court Committee or the District Authority
or the Chairman of the Taluk Committee, as the case may be, prepare a '
cause list' for each Bench of the Lok Adalat and intimatethe same to all concernedat leasttwo days beforethe date of the Lok Aalat.
3.Every Bench of the Lok Adalat shall make sincere efforts to bring
about a conciliatory settlement in every case put before it without
bringing about any kind of coercion, threat or undue influence, allurement
or mis-representation.
(a)A Lok Adalat may be organized at
such time and place and on such days preferably on Saturdays, Sundays and
Holidays and Holidays as the State authority, high Court Committee,
District Authority, Taluk Committee, as the case may be, organizing the
Lok Adalat deems appropriate.
(b)The Lok Adalat shall be held at a public place.
procedure for Effecting Compromise or Settlement at Lok Adalat
:-
(1)Every Award of the
Lok Adalt shall be signed bu the panel constituting the Lok Adalat.
(2)The original Award
shall form part of the judicial records and a copy of the Award shall be
givento each of the parties
1 [ duly certifying them to be true by the Secretary of the High Court
Legal Services Committee or the District Legal Services Authority or the
Chairman of Mandal Legal Services Committees, as the case may be are
authoised to sign the true copies of the Award].
(1)Every Award of the Lok Adalat shall be categorical and lucid and
shall be written in the language used in the local courts. The Award may
be drawn up in English or in the Regional languages.
(2)The parties to the dispute shall be required to affix their
signatures or, as the case may be, thumb impression on the Award of the
Lok Adalat.
At the conclusion of the session of the Lok Adalat the
Secretaryof the High Court
Committee or the District shall compile the results for submission to the
State Authority.
Maintenance of Panel of Lok Adalat Judges :
The Secretary of the High Court Committee or
the District Authority or the Chairman of the Taluk committee, as the case
may be, shall maintain a panel of retired Judges, Advocates, Social
Workers etc., possessing qualification and experience prescribed under
Sec. 28(o) of the Act, who may work in Lok Adalats.
Remuneration to the Judge and Members of the Lok Adalat :-
(1).The
Judge of the Lok Adalat Bench if he is a retired Judicial officer members
shall be provided with conveyance or their residence and the place of Lok
Adalat.
(2)(I)Presiding Officer of the Lok Adalats held at District and Taluk
Levels, who is not a serving judicial officer shall be entitled to
honorarium / 1 remuneration of Rs. 200 Per day ]
(II)The other members of the Lok Adalats held at District and Taluk
levels shall be entitled to honorarium/ remuneration of 1Rs.
125 per day]
(III)The Presiding Officerof the Lok Adalts held at High Court level who is not a sitting
Judge shall also be entitled to honorarium/remuneration 1Rs.300
per day.]
(IV)The other members of the Lok Adalat held at High Court level shall
be entitled to honorarium / remuneration 1 Rs. 300/- per
day]
Procedure for maintaining record of cases referred under Section 20
of the Act or other wise :- (1)
The
Secretary of the High Court Committee or the District Authority or
theChairman of the Taluk
Committee, as the case may be, shall maintain a Register wherein all the
cases received by him by way of reference to the Lok Adalat shall be
entered giving particulars of the .
i.date of the receipt
ii.nature of the case
iii.such other particulars as may be deemed necessary ; and
iv.date of settlement and return of the case file.
(II)When the case is finally disposed of by the Lok Adalat an
appropriate entry will be made in the Register.Expenditure for holding Level Literacy Camp:- The expenditure for holding a Legal literacy
Camp shall not exceed Rs. 2,000/- (Rupees two thousand only ) by the
StateAuthoritydistrict Authority and the Mandal
Committee, as the case may be.
1.The High Court Committee and the District Authorityshall submit the budget proposals
to the State Authority onfinancial year basis in respect of the Lok Adalat Scheme.
2.The expenditure for Lok Adalat Scheme shall constitute 'Nonplan'
expenditure and may be met out of the grants received by the High Court
Committee and the District Authority and the Taluk Committee as the case
may be.
The Chairman of the High Court Committee or the District Authority
or the Taluk Committee, as the case may be, shall exercise complete and
full control over the expenditure to be incurred on the Lok
Adalats.
1.The Secretaryof the
High Court Committee or the District Authority ,as the case may be,
shallrender true and proper
accounts the State Authority every quarter.
2.The Chairman of the Taluk committee shall render true and proper
accounts to the District Authority every month.
On a request received from
the High Court committee or the District Authority or the Taluk Committee
as the case may be, the State authority may release special grants for
convening and holding of Lok Adalats, If considered necessary.
1.The appearance of lawyers on behalf of the parities at the Lok
Adalat shall not be refused.
2.No fee shall be payableby the parties in respect of matters on cases brought before or
referred to al Lok Adalat.
3.The Secretary of The High Court Committee or the District Authority
or the Chairman of the Taluk Committee, as the case may be, shall provide
all assistance as may be necessary to the Lok Adalats.
4.Every Bench of the Lok Adalat may evolve its own procedure for
conducting the proceedingsbefore it and shall not be bound by either the Civil Procedure Code
or the Evidence Act or the Code of Criminal Procedure Subject, however, to
the Principles of natural jus
Permanent
Advance:
1.
The State Authority may permit the District Legal Services Authority to
keep Rs.5000/- as Permanent Advance for meeting the permissible
expenditure with a provision to recoup the same from the
District Legal Aid Fund.
2.
The State Authority may also permit the Mandal Legal Services Committees
to keep Rs.2500/- as Permanent Advance for meeting the permissible
expenditure with a provision to recoup the same from the District Legal
Aid Fund.