The Haryana State Legal Services Authority Rules, 1996

rules · 1987 · State unknown

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Parent: Legal Services Authorities Act, 1987 (3c9d1e4294ed196d574dad07054262c90a75be47)

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The Haryana State Legal Services Authority Rules, 1996 THE HARYANA STATE LEGAL SERVICES AUTHORITY RULES, 1996 Haryana Government Notification No: G.SR 16/C.A. 39/1987/S. 28/961 .~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 Authorities (Amendment) Act, 1994 (No. 59 of 1994), the Government of Haryana hereby makes the following rules regulating the constitution of Legal Services Authorities namely:- 1_ Short title and commencement: - (1) Haryana State Legal Services Authority Rules, 1996. These rules may be called "The (2 They shall come into force on the date of their publication in the Haryana Government Gazette. CHAPTER- DEFINITIONS 2. In these rules unless the context otherwise requires, "Act" means the Legal Services Authorities Act, 1987 (Central Act No. 39 of 1987) as amended by Legal Services Authorities Act, 1987 (Central Act No. 59 of 1994); "Chairman" means the Executive Chairman of the State Authority, or the Chairman of the District Authority Or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be; Omitted "District Authority" means the District Legal Services Authority constituted under Section 9 of the Act; ~High Court Legal Services Committee" means High Court Legal Services Committee constituted under Section &A of the Act; "Joint Member Secretary" means the person So appointed as the Joint Member Secretary of the State Authority under rule &; "Member"' means the member of the State Authority appointed under Section 6(2)(c); member of the District Authority appointed under Section 9(2); member of the High Court Legal Services Committee appointed under Section 8A(2) and member of the Sub-Divisional Legal Services Committee appoin

Rule TOC

7 · _ The terms of office and other conditions relating thereof Member- Secretary of the State Authority

8 · Joint Member Secretary of the State Legal Services Authority,-- With view to smooth functioning of the State Authority the State Government may on the recommendation of the Executive Chairman of the State Authority appoint one Joint Member Secretary of the State Authority who shall not be below the rank of Senior Subordinate Judge or Chief Judicial Magistrate.

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11 ·

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13 · Experience and qualifications of Secretary of the High Court Legal Services Committee under sub-section (3) of section 8A A person shall not be qualified for appointment as Secretary of the High Court Legal Services Committee unless he is member of the Punjab/Haryana Superior Judicial Service;

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15 · of Haryana.

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18 ·

10 · Inserted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002.

19 · Entitlement to Legal Service: -- Any citizen of India whose annual income from all sources does not exceed Rs.3,00,000 (Rupees three lacs)13 or such higher amount as may be notified by the State Government from time to time, shall be entitled to legal services under clause (h) of Section 12 of the Act:

18 · To freedom fighters.

19 · Transgender people.

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21 · Modes of providing legal service:-~Legal Service may be given in all or any one or more of the following modes, namely:

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22 · Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002- Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002- 24 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002_ 25 Substituted by Haryana Government vide notification No. 20/5/2001-4JJI) dated 2-8-2002- 26 Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002_

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3 · Appointment of legal practitioners for legal service shall be made as far as possible from the panel of legal practitioners prepared under sub-rule (1) by the Authority/Committee.

27 · Substituted by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002_

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27 · Duties of aided person: A_ person seeking legal service shall comply with any requisition O1 direction that may be made upon him by the Authority/Committee or any of its members from the date of application made for legal service till the completion Or cessation of legal service Or cancellation of eligibility. 27A32 Recovery of legal aid expenses from aided persons person seeking legal service shall execute an agreement in the form appended to these rules wherein he shall undertake for the refund/recovery, in suitable cases, of such portion of the costs/charges which may have been borne by the State Legal Services Authority/High Court Legal Services Committee/District Legal Services Authority/Sub-Divisional Legal Services Committee, as the case may be; in funding the litigation and which litigation may have ultimately resulted in award of costs/charges by any Court/Tribunal in favour of an 'aided person' . The said form shall also provide for authorization by the aided person, to the Court/Tribunal awarding such costs/charges in the litigation resulting in his favour to order refund of such costs/charges directly to the

33 · Added by Haryana Government vide notification No. 20/5/2001-4JJ(I) dated 2-8-2002_

28 · The experience and qualifications of other persons of the Lok Adalats other than referred to in sub-section (4) of Section 19.~A person shall not be qualified to be included in the Bench of Lok Adalat unless he is:

1 · Every award of the Lok Adalat shall be deemed to be decree of civil court Or , as the case may be, an order of any other court and where compromise Or settlement has been arrived at, by Lok Adalat in case referred to it under sub-section (1) of Section 20, the Court-Fee paid in such case shall be refunded in the manner provided under the Court-Fees Act; 1870. 2 Every award made by Lok Adalat shall be final and binding o all the parties to the dispute and no appeal shall lie to any court against the award. 3_ The awards passed by the Lok Adalats in respect of pending cases shall be executable by the courts in which those matters were pending prior to the passing of the awards by the Lok Adalats. 4 However, the petitions for execution or awards passed by the Lok Adalats regarding matters at pre-litigative stage shall be instituted before the Senior most Judicial Officer out of Civil Judges (Senior Division) at the District level; and before the Senior most Civil Judge (Senior Division) at the Sub-Divisional level who may either execute the same himself, or entrust it to any Judicial Officer junior to him and exercising pecuniary jurisdiction in respect of the amount settled at the pre-litigative stage: 35

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34 · Inserted by Haryana Government vide notification No.20/4/2000-4JJ(I) dated 10.1.2001_ 35 Inserted by Haryana Government vide notification No.20/4/2000-4JJ(I) dated 4.6.2003_

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32 · The Secretarial staff of the Executive Director; Haryana State Level Legal Service and Advice Committee and of the District Attorney-cum- Member Secretary, District Level Legal Service and Advice Committees shall continue as the staff of the State Legal Service Authority and of the District Legal Service Authorities respectively.

2 · 3_

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13 · 14. 15. 16.

1 · 1 2

36 · Inserted by Haryana Government vide notification No.20/4/2000-4JJ(D) dated 2.8.2002_ Omitted by Haryana Government vide notification No. 20/5/2001-4JJ(L) dated 2-8-2002

17 · 18. 19.

5 · 2 2

38 · Assistant

38 · 10 Posts of Junior Scale Stenographers were sanctioned vide memo No. 20/27/87-4JJ(I) dated 19-2-2001 by Haryana Government for District Level Lok Adalats in lieu of 10 posts of Assistants_

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9 · 10. 11. 12. 13. 14. 15. 16.