NOTIFICATION NO.F NO. 38-ESTT. SLSA-97:- DATED THE
3RD JANUARY, 1998. In exercise of the powers conferred by Sec. 29-A of the Legal
Services Authorities Act, 1987 (No.39 of 1987) and in consultation with the Chief Justice
as required by sub-section (4) of Sec. 9 of the said Act, the Madhya Pradesh State Legal
Services Authority hereby makes the following regulations, namely :-
CHAPTER I : SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the
Madhya Pradesh State Legal Services Authority Regulations, 1998.
(2) They shall come into force on the date
of their publication in the Official Gazette.
DEFINITIONS
In these regulations unless the context otherwise
requires.
(a) "Act" means the Legal Services
Authorities Act, 1987 (No.39 of 1987);
(b) "Aided person" means a person to
whom Legal Service is provided in accordance with the provisions of the Act,
rules and these regulations;
(c) "Chairman" means the Chairman
of the High Court Legal Services Committee, or as the case may be, the Chairman of
the District Authority;
(d) "Chief Justice" means the Chief
Justice of the High Court of Madhya Pradesh;
(e) "Committee" means the High Court
Legal Services Committee constituted under Sec. 8-A of the Act and includes the Sub
Committee constituted under regulation 5(F) for the purposes of regulations 10(3) (4) (5)
and 11(1) (2),12 and 13;
(f) "District Authority" means the
District Legal Services Authority constituted under Sec. 9 of the Act;
(g) "Executive Chairman" means the
Executive Chairman of the State Legal Services Authority constituted under Sec. 6
of the Act;
(h) "High Court" means the High
Court of Madhya Pradesh;
(i) "Legal Practitioner" the
expression "Legal Practitioner" shall have the same meaning as assigned to it in
the Advocates Act, 1961;
(j) "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;
(k ) "Legal Service Advocate" means an
Advocate who has been assigned any work related to legal services;
(l) "Legal Service
Counsel-cum-Consultant" means an Advocate appointed as Legal Service
Counsel-cum-Consultant by the Committee, or, as the case may be, by the District
Authority;
(m) "Member" means a Member of the High
Court Legal Services Committee, or, as the case may be, a Member of the District Legal
Services Authority;
(n) "Rule" means a rule of the
Madhya Pradesh State Legal Services Authority Rules, 1996;
(o) "Secretary" means the Secretary
of the High Court Legal Services Committee constituted under Sec.8-A of the Act;
or, as the case may be, the Secretary of the District Legal Services Authority
constituted under Sec.9 of the Act;
(p) "State Authority" means the
State Legal Services Authorities constituted under Sec. 6 of the Act;
(q) "Section" means a section of the
Legal Services Authorities Act, 1987;
(r) "State Government" means the
Government of the State of Madhya Pradesh.
(s) Words and expressions used in these
regulations but not defined shall have the same meaning respectively assigned to them in
the Act.
Chapter II
1. GENERAL
3. NUMBER, EXPERIENCE AND QUALIFICATIONS OF OTHER
MEMBERS OF THE COMMITTEE
(1) The
Committee shall have not more than 10 Members (in addition to
the chairman
nominated by the Chief Justice under Section 8-A(2)) .
(2) The Chief
Justice of the High Court shall nominate one sitting Judge
from each of the
two Benches(other than the Bench to which the
Chairman of the
High Court Legal Services Committee belongs) to
fuction as
Co-Chairman of the High Court Legal Services Committee
of their
respective Benches.
(3) The Chief
Justice of the High Court shall also nominate not more
than four members
from amongst those possessing the experirence
and
qualification as per Sub Regulation(5),of whom one shall
belong
to a Scheduled Caste/Scheduled Tribe and an other shall
be a woman.
(4) The
following shall be the ex-officio Members of the Committee:-
(i) President, High Court Bar Association,
Jabalpur,
(ii)Additional Registrar (Judicial) of Madhya
Pradesh High Court (Main Seat) and the respective Registrar at its two Benches.
(5) A person
shall not be qualified for nomination as a Member of the Committee unless he is-
(a) an eminent Social Worker who
is engaged in the upliftment of the weaker section of the people; or
(b) an eminent person in the field of
law; or
(c) a person of repute, who is
specially interested in the implementation of Legal Service Schemes.
4. TERMS OF OFFICE AND OTHER CONDITIONS
RELATING THERETO OF THE MEMBERS OF THE COMMITTEE.-
(1) The term of the Office of a Member
of the Committee, other than ex-officio member, shall be two years:Provided that
a Member shall be eligible for re-nomination for one more term.
(2) The Chief Justice may remove any Member
of the Committee nominated under sub-regulation (3) of regulation 3
who
(i) The Chief Justice may remove any Member of the
Committee nominated under sub-regulation (3) of regulation 3, who
(a) fails, without
sufficient cause, to attend three consecutive meetings of the Committee; or
(b) has been
adjudged as insolvent; or
(c) has been
convicted of an offence which, in the opinion of the Chief Justice involves moral
turpitude; or
(d) has become
physically or mentally incapable of acting as Member; or
(e) has
abused his position as to render his continuance in the Committee prejudicial to the
public interest.
(ii)
Notwithstanding anything contained in Cl. (i) no
Member shall be removed from the Committee on the ground specified in sub-clause (e)
of the clause unless the Chairman, on a reference being made to him in this behalf by the
Committee, has, on an enquiry held by him in accordance with such procedure as he may
specify in this behalf, recommended that the Member ought, on such
ground, to be removed.
(iii) a Member may, by writing
under his hand addressed to the Chairman, resign from the Committee and such resignation
shall take effect from the date on which it is accepted by the Chairman.
(3) Any vacancy in the Office of a
Member of the Committee may be filled up in the same manner as provided for
nomination and the person so nominated shall hold office for the residuary term of the
Member in whose place he is nominated.
(4) (a) All members nominated
under sub-regulation (3) of regulation 3 shall be entitled to payment of travelling
allowances, and daily allowances in respect of journeys performed in
connection with the work of the Committee and shall be paid by the Committee in
accordance with the rules as are applicable to Grade "A" Officers, of the State
Government.
(5) All Members covered under
sub-regulation (2) and (4) of that regulation 3 and those nominated under sub-regulation
(3) of that regulation, who happen to be serving Government Officers, shall be entitled to
the payment of travelling allowances and daily allowances in respect of the journeys
performed in connection with the work of the Committee in accordance with the provisions
of the rules applicable to them and paid by the office from where the concerned Members
shall be drawing their pay and allowances and expenditures on this account shall be
debited to budget head to which their pay and allowances shall be debited.
5. POWERS AND FUNCTIONS OF THE COMMITTEE.
(a) The powers and functions of the
Committee shall be to administer and implement the legal services programmes in so
far as it relates to the High Court and for this purpose take all such steps as may be
necessary and to act in accordance with the direction issued by the Central Authority or
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 or withdrawal
of legal service on such terms and conditions as may be laid down by the Committee from
time to time,
(c) to maintain panel of
advocates of the High Court for giving legal service,
(d) to decide all matters relating to
payment of honorarium, costs, charges and expenses of legal
services to the Advocates of the High Court,
(e) to prepare and submit returns,
reports and statistical information in regard to the legal services programmes to the
State Authority.
(f) to delegate the said
fuctions,with reference to the Main Seat and the two Benches,to three Sub-Commitees
constituted by the Chief Justice of the Madhya Pradesh High Court, consisting of three
members each as detailed below:-
(1) Chairman/Co-Chairman of the High Court Legal
Services Committee,
(2) Additional Registrar (Judicial)/Registrar as
Secretary of the Sub-Committeee,and
(3) One member nominated under Regulation 3(3).
6. POWERS AND
FUNCTIONS OF THE CHAIRMAN.
(1) The Chairman of the Committee
shall be in overall charge of administration and implementation of programmes of
the Committee
(2) The Chairman shall call the meetings of
the Committee convened through the Secretary atleast once in a period of three
months.
(3) The Chairman shall preside over the
meeting of the Committee.
(4) The Chairman shall have all the
residuary powers of the Committee.
7. TERMS
OF OFFICE AND CONDITIONS OF SERVICE OF THE SECRETARY OF THE COMMITTEE .-
(1) The Secretary of the Committee shall be the
whole time employee on deputation and shall hold office for a term not exceeding five
years.
(2) In all matters like age of retirement,
pension, pay and allowances, benefits and entitlements and disciplinary matters, the
Secretary shall be governed by the Madhya Pradesh Uchcha Nyayik Sewa (Bharti Tatha Sewa
Sharten) Niyam,1994, or as the case may be, the High Court of Madhya Pradesh
Officers and Employees Recruitment and Conditions of Service (Classification,
Control, Appeal and Conduct) Rules, 1996.
8. FUNCTIONS AND POWERS OF THE SECRETARY OF
THE COMMITTEE.
(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 receipts and disbursements of the funds of the
Committee and all other necessary records.
(3) The Secretary shall convene meetings of the
Committee with the previous approval of the Chairman and shall also attend meetings and
shall be responsible for maintaining a true and correct record of the minutes of the
proceedings of the Meetings.
(4) All the orders and decisions of the Committee
shall be authenticated by the Secretary of the Committee.
9. MEETINGS OF THE
COMMITTEE.
(1) The Committee shall meet at least
once in six months on such date and at such time and place as the Chairman may direct.
(2) The minutes shall be open to
inspection at all reasonable times by the Members of the Committee.
(3) A copy of minutes shall, as soon
as may be, after the meeting, be forwarded to 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 Committee shall be decided by a majority of votes of the Members
present and voting and in case of a tie, the Chairman shall also have the casting vote.
10. FUNDS, AUDIT AND ACCOUNTS OF COMMITTEE.
(1) The Committee shall
maintain a Fund to be called the 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 as received
by the Committee by way of donations ;
(c) all such amounts as received
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.
Explanatin:- In this
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 two thousand five hundred shall be placed at
the disposal of the Secretary of the Committee.
(4) The Secretary of the Committee shall operate
the bank accounts of the Committee in accordance with the directions of the Chairman
(5) The funds of the Committee may be utilised for
meeting the expenses incurred on or incidental to journeys undertaken by the Chairman or
other Members of the Committee or the Secretary in connection or other Members of the
Committee or the Secretary in connection with legal services activities. The travelling
allowances and dearness allowances 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 Committee shall operate
the bank accounts of the Committee in accordance with the directions of the Chairman.
(7) The committee shall cause to be kept and
maintained true and correct accounts of all receipts and disbursement and furnish
quarterly to the State Authority.
(8) The account of the Committee shall be audited
annually by a qualified auditor and submitted to the State Authority.
11. APPLICATION FOR
LEGAL SERVICES.
(1) Any person desiring legal service
for bringing or defending any action in the High Court may make an application in writing
together with an affidavit in Form I to the Secretary. If the applicant is illiterate or
is not in a position to sign, the Secretary or an officer of the Committee may record his
verbal submissions and obtain his thumb impression on the record and such record will be
treated as his application.
(2) The Committee shall maintain a register
of applications wherein all applications for legal service shall be entered and registered
datewise and the action taken on such applications shall be noted against the entry
relating to such application.
12 . DISPOSAL OF APPLICATIONS.
(1) On receipts of any application for legal
service Regulation 11, the Secretary shall first examine and determine or cause to be
examined and determined the eligibility of the applicant as per the provisions of the Act
and the rules.
(2) If the applicant satisfies the
eligibility criteria, the Secretary shall proceed to examine the merit of his application
and if the applicant has merit in his application, the Secretary shall proceed to decide
the mode of legal service.
(3) In case of refusal for the grant of legal
services has been rejected may prefer an appeal before the Chairman for a decision.
(4) In case of refusal for the grant of legal
services, the secretary shall inform the applicant in writing of such refusal .
13. MODE OF LEGAL SERVICES.
Legal Services to be provided by the
Committee 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 and filing of any legal proceedings and representation by legal
practitioner in legal proceedings.
(c) Cost of
obtaining and supply of certified copies of judgements, 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
14. LEGAL SERVICES NOT 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) defamations ; or
(b) malicious prosecution ; or
(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 sub-regulations (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 against social laws, such as, the Protection of Civil
Rights Act, 1955 and the Immoral Traffic (Prevention) Act, 1956 unless in such cases
the aid is sought by the victim :
(6) Where a person seeking
legal services :-
(a) is concerned with the
proceedings only in a representative or official capacity ; or
(b) if 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.;
15 .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 ; or
(b) if 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.;
16. LEGAL SERVICE
ADVOCATES AND HONORARIUM PAYABLE.
(1) A panel of Legal Service Advocates shall be
prepared by the Chairman of the High Court Legal Services Committee. No person who has
less than 5 years practice shall be included in the panel.
(2) The Legal Service Advocate shall
be paid such honorarium as may be fixed by the Committee.
(3) No Legal Service Advocate to whom
any case is assigned either for legal advice or for legal services 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. However, the Executive
Chairman shall reserve the right that in case any Legal Service Advocate accepts any
remuneration from the aided person, then after getting himself satisfied he can withdraw
the case from him and cancel his name from the panel after giving him due opportunity.
(4) 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 or 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, whose shall be final. However, the
Secretary may make interim payment of honorarium and expenses incurred by such Legal
Service Advocate.
17. DUTIES OF AIDED PERSON.
(1) A person seeking legal
service shall comply with any requisition made on or direction given to him by the
Secretary of the Committee or any of its members from the date the application for legal
services is made till he enjoys the legal services granted to him.
(2) Every such person shall execute an
undertaking-cum-declaration in Form II 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
re-pay by way of reimbursement to the Committee all costs, charges and expenses incurred
by 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 expenses.
18 . WITHDRAWAL OF LEGAL SERVICES.
(1) (a) The Committee may either on its own
motion or otherwise withdraw legal services granted to any aided person in the following
circumstances, namely:-
(b) 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;
(c) in the event of any material
change in the circumstances of the aided person ;in the event of any misconduct,
misdemeanour or negligence on the part of the aided person in the Court 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 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 the question is found to be an abuse of the process of law
or of legal service:
Provided that legal services 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:
Provided further that no notice shall be necessary for withdrawal of legal service under
clause;
(h) on the recommendation of the
Court concerned where matter is pending.
(2) Where the legal services are withdrawn
on the grounds set out in Cl.(a) of sub-regulation (1) the Committee shall be entitled to
recover from the aided person the amount of legal service granted to him
Chapter
III
1-GENERAL
19. TERMS OF OFFICE AND OTHER CONDITIONS
RELATING THERETO OF THE MEMBERS OF THE DISTRICT AUTHORITY.
(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 14 may
be removed by the State Government if in the opinion of 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.
(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) (a)
All members nominated under sub-rule (3) of rule 14 shall be entitled to payment of
travelling allowances and daily allowances in respect of journeys 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 Grade B Officers of the
State Governemnt.
(b) All members shall function in an
honorary capacity.
(4) All members, who happen to be serving Government officers or employees,
shall be entitled to the payment of travelling allowances and daily allowances in respect
of journeys performed in connection with the work of the District Authority in accordance
with the provisions of the rules applicable to them and be paid by the office from where
the concerned members, shall be drawing his pay and allowances and expenditure on this
account shall be debited to the budget head to which their pay and allowances shall be
debited.
20. OTHER FUNCTIONS OF THE
DISTRICT AUTHORITY. The District Authority, besides functions specified in Sec. 10
shall perform the following functions; namely:-
(a) give legal service within
the district to persons who satisfy the criteria under the Act ;
(b) undertake preventive and
strategic legal aid programmes within the district;
(c) administer and implement the
legal services programme in so far as it relates to the Courts within the district and for
this purpose, take all such steps as may be necessary and to act in accordance with the
directions issued by the Central Authority or the State Authority from time to time;
(d) receive and scrutinise
applications for legal services and decide all questions as to the grant or withdrawal of
a legal service;
(e) decide all matters relating
to payment of honorarium, costs charges and expenses of legal services to the Advocates;
and
(f) prepare and submit returns, reports
and statistical information in regard to the legal services programme to the State
Authority.
21. POWERS AND FUNCTIONS OF
THE CHAIRMAN OF THE DISTRICT AUTHORITY.
(1) The Chairman of the District
Authority shall be in overall on charge of administration and implementation of the
programme of the State Authority and that of the District Authority.
(2) The Chairman shall call meetings
of the District Authority convened through the Secretary of District Authority at least
once in a period of three months.
(3) The Chairman shall preside
over the meeting of the District Authority
(4) The Chairman shall have all
residuary powers of the Committee.
22. TERMS OF
OFFICE AND OTHER CONDITIONS RELATING THERETO OF THE SECRETARY OF THE DISTRICT AUTHORITY.
(1) The Secretary of the District Authority
shall hold office for a term not exceeding 5 years and shall be the part time employees,
who shall be paid an honorarium of three hundred rupees per month by way of extra duty
allowances.
(2) In all matters like age of retirement,
pension, pay and allowances, benefits and entitlements and disciplinary matters, the
Secretary shall be governed by the rules applicable to him as a Judicial Officer.
23. FUNCTIONS AND POWERS OF THE SECRETARY OF THE
DISTRICT AUTHORITY.
(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 State Authority, and all other necessary records.
(2) The Secretary shall maintain or cause to be
maintained true and proper accounts of receipts and disbursements of the funds of the
District Authority.
(3) The Secretary shall convene meetings of the
District Authority with the previous approval of the Chairman of the District Authority
and shall also attend meetings and shall be responsible for maintaining a record of the
minutes of the proceedings of the meeting.
24. MEETING OF THE
DISTRICT AUTHORITY.
(1) The District Authority shall meet
atleast once in three months on such dates and at such place as the Chairman of the
District Authority may direct.
(2) The minutes shall, as soon as may
be, after the meeting be forwarded to the Chairman of the District Authority.
(3) The quorum for the meeting shall be
three including the Chairman.
(4) All questions which come up before any
meeting of the District Authority, shall be decided by the majority of votes of the
members present and voting and in case of a tie, the Chairman shall also have a casting
vote.
25 .FUNDS OF THE DISTRICT
AUTHORITY.
(1) The
District Authority shall maintain a fund to be called the District Legal Aid 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 as received
by the District Authority by way of donations;
(c) all such amounts as received by
way of costs, charges and expenses recovered from the person to whom legal service
is provided or the opposite party.
(2)
All the amounts credited to the District Legal Aid Fund shall be deposited in
a Nationalised Bank.
EXPLAINATION. In this
sub-regulation "Nationalised Bank: means 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 fees, stamps and expenditure necessary for
obtaining copies of documents etc., a permanent advance of rupees two thousand shall be
placed at the disposal of the Secretary of the District Authority.
(4) All expenditures on legal services,
accommodation and staff of the District Authority as also expenditure necessary for
carrying out the various functions of the District Authority shall be incurred out of the
Funds of the District Authority and in accordance with the prior approval of the Chairman
of the District Authority.
(5) The Funds of the District Authority may
be utilised for meeting the expenses incurred on or incidental to journeys under taken by
the Chairman or other Members of the District Authority or the Secretary in connection
with the legal services activities. The travelling allowances and dearness allowances
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 office held.
(6) The Secretary shall 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.
2. LEGAL SERVICES BY THE
DISTRICT AUTHORITY
26.APPLICATION FOR LEGAL SERVICES.
(1) Any
person desiring legal service for bringing or defending any action in a Court within the
District may make an application in writing together with an affidavit in Form-I to the
Secretary. However, if the applicant is illiterate or is not in a position to sign, the
Secretary shall record his verbal submissions and obtain his thumb impression on the
record and such record will be treated as his application.
(2) The
District Authority shall maintain a register of a applications wherein all applications
for legal service shall be entered and registered date-wise and the action taken on such
applications shall be noted against the entry relating to such applications.
27. DISPOSAL OF
APPLICATIONS.-
(1) On receipt of application for
legal service under Regulation 26 the Secretary shall first examine and determine or cause
to be examined and determined the eligibility of the applicant as per the provisions of
the Act and the Rules.
(2) If the applicant satisfies the
eligiblity criteria, the Secretary shall proceed to examine the merit of his application
and if the applicant has merit in his application the Secretary shall proceed to decide
the mode of legal service.
(3) An application for the grant of legal
services in any matter, if it is not found fit, may be rejected for reasons to be recorded
in writing by the Secretary.
(4) In case of refusal for grant of legal
service, the Secretary shall inform applicant in writing, of such refusal.
(5) The applicant whose application for grant for
legal services, has been rejected, may prefer an appeal before the Chairman of the
District Authority for a decision
28. MODE OF LEGAL
SERVICES. Legal Services to be provided by the District Authority 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 and
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 translation of documents in
legal proceeding and expenses incidental thereto.
29 .
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 ; or
(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 sub-regulations (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 unless in such cases the aid is sought by the victim provided that the Chairman may
in an 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.
(7) For institution of any suit for recovery
of money or property in respect of commercial and business transaction.
30. 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 ; or
(b) in a special
case, reasons for which to be recorded in writing, which is considered otherwise deserving
of legal services.
31. LEGAL SERVICE ADVOCATES AND HONORARIUM
PAYABLE.
(1) The Chairman of the
District Authority shall prepare a panel of lawyers as Legal Service Advocates in
consultation with the President of the District Bar Association. No person who has put in
less that five years practice be included in the panel. For Taluk Committee, the Chairman
of the District Authority shall prepare a penal of lawyers in consultation with the
Chairman of the Taluk Committee. No person who has put in less than three years
practice be included in the panel.
(2) The Legal
Service Advocate shall be paid such honorarium as may be fixed by the District Authority
in accordance with the guidelines issued by the State Authority from time to time.
(3) 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. However, the
Executive Chairman shall reserve the right that in case any Legal Service Advocate accepts
any remuneration from the aided person, then after getting himself satisfied, he can
withdraw the case from him and cancel his name from the penal after giving him due
opportunity
(4) 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 procedings
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 of the District Authority for decision.
However, the Secretary may make interim payment of honorarium and expenses incurred by
such Legal Service Advocate.
32. DUTIES OF
AIDED PERSON.
(1) A person seeking legal services, shall
comply with any requisition made on or direction given to him by the Secretary of the
District Authority or any of its Members from the date the application for legal services
is made till he enjoys the legal services granted to him.
(2) Every such person shall execute an
undertaking-cum-declaration, in the Form-II that in the event of the Court passing a
decree or order in his favour awarding costs to him or other monetary benefits or
advantage to re-pay 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 expenses, 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.
33 . WITHDRAWAL OF LEGAL
SERVICES.
(1) The
District Authority may on its own motion or otherwise, withdraw legal services 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 persons;
(c) in the event of any
misconduct, misdemeanour 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
signed 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;
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:
Provided further that no notice shall be necessary
for withdrawal of legal service under CL. (h).
(h)on the recommendation of the Court concerned
where matter is pending.
(2) Where the legal services are withdrawn on
the grounds set out in Clause(a) of sub-regualtion above, the District Authority shall be
entitled to recover from the aided person the amount of legal service granted to
him.
34.
TERMS OF THE OFFICE AND OTHER CONDITIONS RELATING THERETO OF MEMBERS OF TALUK
COMMITTEE.
(1)
The term of office of a member of the Taluk Committee, other than
ex-officio member, shall be two years: Provided that a member shall be eligible for
re-nomination for one more term.
(2) (a)(i)
A member of the Taluk Committee nominated under sub-rule(3) of the rule 17 may be
removed by the State Government 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 Taluk Committee resign from the Taluk Committee
and such resignation shall take effect from the date on which it is accepted by the
Chairman.
(b) Any vacancy in the office of
a member of the Taluk Committee 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) (a) All the members nominated under sub-rule (3) of rule 17 shall be entitled to
payment of travelling allowances and daily allowances in respect of journey
performed in connection with the work of the Taluk Committee and shall be paid by the
Taluk Committee in accordance with the rules as are applicable to "Grade B"
Officer of the State Government as amended from the time to time.
(b) All members shall function
in an honorary capacity.
(4) All members, who happen to be serving Government officers or employees shall be
entitled to the payment of travelling allowances and daily allowances in respect of
journeys performed in connection with the work of the Taluk Committee in accordance with
the provisions of the rules applicable to them and be paid by the office from where the
concerned members shall be drawing their pay and allowances and expenditure on this
account shall be debited to the budget head to which their pay and allowances shall be
debited .
35. HEADQUARTERS
AND OFFICE OF THE STATE AUTHORITY.
Headquarters and office of the State Authority
shall be located at Jabalpur, the Main Seat of the High Court.
36.
Notwithstanding anything to the contrary in these Regulations, the State
Authority shall have power to transfer its officers and other employees and the officers
and other employees of the High Court Legal Services Committee, District Legal Services
Authorities and Taluk/Tehsil/Sub-Division Legal Services Committee on its own
establishment or on the establishments of the High Court Legal Service Committee, other
District Legal Services Authority or Taluk/Tehsil, Sub-Division Legal Services Committees,
as the case may be.
37 . TRANSITORY POWERS .- The
Patron of the State Legal Services Authority or the Executive Chairman of the State Legal
Services Authority shall have the transitional power to meet such urgent/emergent
situations as may arise or situation necessitate.
38. If any
difficulty arises in the interpretation of the Regulations, then the decision of
the Patron shall be final.
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