THE CHHATTISGARH STATE LEGAL_SERVICES AUTHORITY RULES20O2

20 · The experience and qualifications of other persons of the Lok Adalats other than referred to in sub-section (4) of Section 19. 21. Matters on which legal service is admissible: 22.Mode of providing legal service. 23.Headquarters and office of the State Authority 24.Removal of difficulty in respect of on going Legal Aid Programmes. 25. The manner of recruitment and appointment of Officer/Staff of. 26.Repeal and Saving: SCHEDULES

1 · Notfn dated 30-11-2002 , Pub. in C.G. Rajpatra (Asadharan) dated 30-11-2002 , p 636 2. Notfn dated 16-02-2004, Pub. in C.G. Rajpatra (Asadharan) dated 16-02-2004, p 62 3 . Notfn: dated 04-12-2004 , Pub in C.G. Rajpatra (Asadharan) dated 08-01 - 2005 , P18 4. Notfn. dated 03-06-2005 , Pub in C.G. Rajpatra (Asadharan) dated 5. Notfn: dated 29-10-2005 , Pub in C.G. Rajpatra (Asadharan) dated 6. Notfn. dated 05-11-2005, Pub in C.G. Rajpatra (Asadharan) dated 7. Notfn. dated 14-02-2006 , Pub in C.G. Rajpatra (Asadharan) dated 8_ Notfn: dated 05-09-2007 , Pub in C.G. Rajpatra (Asadharan) dated 9_ Notfn. dated 25-09-2007 , Pub in C.G. Rajpatra (Asadharan) dated 10. Notfn. dated 18-03-2008 , Pub in C.G. Rajpatra (Asadharan) dated

1 · Short title and Commencement. 1. These rules may be called "The Chhattisgarh State Legal Services Rules , 2002" 2. They shall come into force on such date as the State Government may be notification: appoint-

2 · Definitions

4 · Special provisions for the Patron-in-Chief Executive Chairman of the State Legal Services Authority and Chairman, High Court Legal Services Committee.

5 · Term of office of the Executive Chairman_ The Executive Chairman of the State Authority, whether a serving or retired Judge of the High Court shall hold office during the pleasure of the Governor. appoint

6 · Conditions of services of the Executive Chairman in case of retired Judges of the High Court. Where the Executive Chairman of the State Authority is a retired Judge of the High Court, during his term of office as Executive Chairman of the State Authority:- (i) His terms and conditions shall be such as are specified in the Government of India, Ministry of Finance, Department of Expenditure O.M No. 19048/80-E-IV, dated 8th October,1987 or such other relevant orders of the State Government aS may be applicable to the retired Judges of the High Court appointed on Commissions/Committee. (ii) His shall be permitted to subscribe to the GPF.

7 · The Powers and functions of the Member Secretary of the State Authority under sub-section (3) of Section 6. The powers and functions of the Member Secretary of the State Authority iner alia, shall be- (a) to give free legal services to the eligible and weaker sections. (b) to work out modalities of the Legal Services Schemes and programmes approved by the State Authority and ensure their effective monitoring and implementation (c) to exercise the approved of the executive Chairman, the powers in respect of Administrative , Finance and Budget matters as Head of the Department in the State Government. 1 Date 14-02-2006 appointed vide notifin dated 14-02-2006,Pub. in C.G. Rajpatra, Ext Ordy , dated 2 Notfn dated 04-12-2004,Pub in CG. Rajpatra (Asadharan) dated 08-01-2005, p18 Cont-6

8 · . The terms of office and other conditions relating thereto of members and Member-Secretary of the State Authority under Sub-section (4) of Section 6 -

9 · The number of officers and other employees of the State Authority under sub- section (5) of Section 6.

12 · The number of officers and other employees of the High Court Legal Services Committee under sub-section (5) of Section 8-A and the conditions of services and the salary and allowances payable to them under sub-section (6) of that section_

13 · The number , experience and qualifications of members of the District Authority under clause (b) of sub-section (2) of Section 9.= (1) The District Authority shall have not more than eight members (2) The following shall be ex-officio members of the District Authority: (i) District Magistrate, (ii) Superintendent of Police of the District, (iii) Chief Judicial Magistrate of the District, and (iv) District Government Pleader. (3) The State Government may nominate, in consultation with the Chief Justice of the High Court, other members from amongst those possessing the qualifications and experience provided in sub-rule (4). (4) A person shall not be qualified for nominations as a member of the District Authority, unless he is (a) An eminent Social Worker who is engaged in the upliftment of the weaker sections of the people, including Scheduled Castes, Scheduled Tribes, Women, Children and rural labourers, or (b) An eminent person in the field of law, or (c) person of repute who is specially interested in the implementation of the Legal Services Schemes.

14 · The number of officers and other employees of the District Authority under sub-section (5) of Section 9. The District Authority shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day aS are set out in Schedule -C 1.Ins,by No. 2 dated 11-02-2004 _ 16-02-2004] Cont-9

16 · The number experience and qualification of members of the Taluk Legal Services Committee under clause (b) of sub-section (2) of Section 11-A

17 · The number of officers and other employees of the Taluk Legal Services Committee under sub-section (3) of Section 11-A. The Taluk Legal Services Committee shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day functions as are set out is Schedule-D to these rules. 1.Ins,by No. 2 dated 11-02-2004 16-02-2004]

18 · The conditions of service and the salary and allowances of officers and other employees of the Taluk Legal Services Committee under sub-section 94) of Section 11-A (1) The officers and other employees of the Taluk Legal Services Committee shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Schedule-D to these rules. (2) In all matters relating to services conditions like age of retirement, [Pension] allowances, benefits and entitlements and in disciplinary matters, the officers and other employees of the Taluk Legal Services Committee shall be governed by the Services Rules aS are applicable to ministerial staff of the Sub-ordinate Courts.

21 · . Matters o which legal services is admissible . In addition to the case covered under Section 12 read with Section 13 of the Act , legal service may also be provided in all matters where such service shall be aimed at: (a) amicable settlement of the disputes by bringing about conciliation between the parties to the disputes, and (b) rendering assistance in complying with various legal requirements in order to secure the benefits under various schemes sponsored by 0r on behalf of the Central Government or the Governemnt of Chhattisgarh or any other public authority for the welfare of the general public orany section thereof 1. Notfn dated 03-06-2005,Pub in CG. Rajpatra (Asadharan) dated Cont-11

22 · . Mode of providing legal service. Legal service may be given in all or any one or more of the following modes, namely:- (a) by payment of Court fee, process fee, expense of witnesses and paper book, lawyers fee and all other charges payable in connection with any legal proceedings , (b) through representation by a legal practitioner in legal proceedings, (c) by supplying certified copies of judgments, orders, notes of evidence and other documents in legal proceedings (d) by preparation of paper book, including printing, typing and translation of documents in legal proceedings. (e) by drafting of legal documents; and (f) by giving legal advice on any legal matter.

23 · . Headquarters and office of the State Authority: Headquarters and office of the State Authority shall be located at Bilaspur , which is the main seat of the High Court of Chhattisgarh

24 · . Removal of difficulty in respect of on going Legal Aid Programmes: The Patron-in-Chief may authorize expenditure and approve Legal Aid Programmes in respect of cases in which Legal Aid has already been given and Legal Aid Programmes have already been planned prior to the constitution of State Legal Services Authority:

25 · The manner of recruitment and appointment of officers/Staff of. (A) Shall be such aS the Executive Chairman after consultation with the Patron- in-Chief may subject to the approval of the State Government determine.

26 · Repeal and Saving: [The Chhattisgarh State Legal Services Authority Rules , 1996 are hereby repealed:] appoint

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1 · Subs. by No. 1 dated 30-11-2002 [30-11-2002]

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