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

 

19. TERMS OF OFFICE AND OTHER CONDITIONS RELATING THERETO OF THE MEMBERS OF THE DISTRICT AUTHORITY. 20. OTHER FUNCTIONS OF THE DISTRICT AUTHORITY. 21.  POWERS AND FUNCTIONS OF THE CHAIRMAN OF THE DISTRICT AUTHORITY. 22.  TERMS OF OFFICE AND OTHER CONDITIONS RELATING THERETO OF THE SECRETARY OF THE DISTRICT AUTHORITY.
23. FUNCTIONS AND POWERS OF THE SECRETARY OF THE DISTRICT AUTHORITY. 24.  MEETING OF THE DISTRICT AUTHORITY. 25 .FUNDS OF THE DISTRICT AUTHORITY. 26.APPLICATION FOR LEGAL SERVICES.
27. DISPOSAL OF APPLICATIONS. 28.  MODE OF LEGAL SERVICES. 29. LEGAL SERVICES NOT TO BE PROVIDED IN CERTAIN CASES. 30. LEGAL SERVICES MAY BE GRANTED IN CERTAIN CASES.
31. LEGAL SERVICE ADVOCATES AND HONORARIUM PAYABLE. 32.  DUTIES OF AIDED PERSON. 33 . WITHDRAWAL OF LEGAL SERVICES. 34.  TERMS OF THE OFFICE AND OTHER CONDITIONS RELATING THERETO OF  MEMBERS OF TALUK COMMITTEE.
35. HEADQUARTERS AND OFFICE OF THE STATE AUTHORITY. 37 . TRANSITORY POWERS. CHAPTER I CHAPTER  II

 

 


 

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.