The 12th September; 1997

rules · 1987 · State unknown

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

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HOME DEPARTMENT Notification The 12th September; 1997 No. LD-97/9783, In exercise of the powers conferred by Section 28 of the Legal Services Authorities Act, 1987 (Central Act No. 39 of 1987), and all other powers enabling him in this behalf; the Administrator; Union Territory, Chandigarh, in consultation with the Chief Justice of the Punjab and Haryana High Court, is pleased to make the following rules, namely:- RULES 1. Short title and commencement- (1) These rules may be called the Chandigarh Legal Services Authorities Rules, 1997. 2.Definitions. -(1) In these rules, unless the context otherwise requires;- (a) "Act" means the Legal Services Authorities Act, 1987; (b)"aided person' means a person to whom Legal Service is provided in accordance with the provisions of these rules; (c) "eligible person" means a person, who is eligible for Legal Services under the rules: (d) "High Court" means the High Court of Punjab and Haryana at Chandigarh. (e) "Legal practitioner" shall have the same meaning as assigned to this expression in the Advocates Act, 1961; (f) "Legal proceeding" means civil criminal, revenue or any other proceedings arising from under any law for the time being in force its inception to final disposal in a court of law and includes preparatory steps for institution of such proceedings and also includes quasi-judicial and administrative proceedings before any tribunal or authority established under any law; (g) "Member" means the Member of the State Authority or District Authority, as the case may be; (h) "State Government" means the Administrator; Union Territory, Chandigarh, appointed under Article 239 of the Constitution: (2) AIl Other words and expression used in these rules, but not defined shall have the meaning as assigned to them in the Act. Section

Rule TOC

1 · Short title and commencement- (1) These rules may be called the Chandigarh Legal Services Authorities Rules, 1997.

2 · Definitions. -(1) In these rules, unless the context otherwise requires;-

3 · The number; experience and qualifications of other Member of the State Authority:- Besides, the Chief Justice of High Court as its Patron- in-chief and a serving or retired judge of the High Court nominated by the State Government; in consultation with the Chief Justice of the High court as its Executive Chairman. The State Authority shall consist of the following members, namely:- Ex-officio members-

28 · (2) fL

4 · Headquarters of the State Authority: - The office of the State Authority shall be located at Chandigarh:

5 · Special provisions for Patron-in-Chief; the Executive Chairman and Chairman, High Court Legal Service Committee:-The Patron-in-Chief; the Executive Chairman and the Chairman, High Court Legal Services Committee, being a sitting Judge of the High Court, shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the work of the State Authority and be paid by the State Authority in accordance with the provisions of the High Court Judges (Travelling Allowance) Rules, 1959 as amended form time to time.

6 · Conditions of Service of Executive Chairman in case of retired Judge.-Where the Executive Chairman is a retired Judge of the High Court, his terms and conditions of service shall be such as are specified in the Government of India. Ministry of Finance, Department of Expenditure O.M. No. 19048-E.IV, dated the 8th October; 1987, or such other relevant order of the State Government; as may be applicable to the retired Judges of the High Court appointed on Commissions or Committees.

7 · Member Secretary:-Member Secretary of the State Authority constituted under these rules shall exercise the following powers and shall perform the following duties, namely:-

8 · The term of office and other conditions of Member-Secretary of the State Authority:-(1) The term of office of the members nominated under clause (B) of rule 3 of the State Authority shall be two years and they shall be eligible for renomination;

9 · The number of officers and other employees of the State Authority:- The State Authority shall have such number of officers and other employees for rendering Secretariat and field assistance and its day to

10 · The conditions of service and the salary and allowances of officers and other employees of the State Authority-(1) The officers and other employees of the State Authority shall be entitled to draw pay and allowances in the scales of pay admissible to Government employees holding equivalent posts and shall also be entitled to same status, privileges and facilities.

11 · The experience and qualifications of Secretary of the High Court Legal Services Committee.-A person shall not be qualified for appointment as Secretary of the High Court Legal Service Committee unless he is a member of the Punjab/ Haryana Superior Judicial Service:

12 · The number of officers and other employees of the High Court Legal Services Committee and the Conditions of Service and Salary and Allowance payable to them.-(1) The High Court Legal Services Committee shall be provided with such number of officers and other employees for rendering secretarial assistance and for its day to day functions as may be sanctioned by the State Government from time to time.

13 · The number, experience and qualifications of members of the District Authority:- The District Authority shall consist of the following members, namely: -

14 · The number of officers and other employees of the District Authority:- The District authority shall have such number of officers and other employees for rendering secretarial and field assistance in its day to day functions as may be sanctioned by the State Government form time to time:

15 · The conditions of service and the salary and allowances of the officers and other employees of the District Authority:-(1) The officers and other employees of the District Authority shall be entitled to draw pay and allowances in the scales of pay admissible to Union Territory employees holding equivalent posts and shall also be entitled to same status privileges and facilities.

16 · The upper limit of annual income of a person entitling him to legal services, if the case is before a court other than the Supreme Court:

17 · Matters on which legal service is admissible:_In addition to the cases covered under Sections 12 and 13 of Act, legal Service may also be provided in all matters, where such service shall be aimed at:-

18 · Modes of providing legal service:_Legal service may be given in all or any one or more of the following modes, namely

19 · Procedure for providing free legal service.(1) A person desiring any legal service shall furnish an application-cum-affidavit addressed to the Member-Secretary of the State Authority, Secretary of the High Court Legal Services Committee, Chairman of the District Authority (hereinafter referred to as Authority or Committee), as the case may be, in a form approved by the State Authority:

21 · Panels for legal service. (1) Every authority shall prepare such number of panels of legal practitioners, as it may consider necessary:

22 · Duties of legal practitioners on the panel: =(1) A legal practitioner appointed for rendering legal service to an aided person under these rules shall;--

23 · Honorarium payable to legal practitioner on the panel - (1) The legal practitioners brought on the panel in terms of rule 21 shall be paid by the concerned Authority: Such honorarium, as may be determined from time to time by the State Authority in respect of the legal proceedings conducted and advice tendered by them under these rules.

24 · Duties of aided person: (1) A person seeking legal service shall comply with the requisition or direction that may be made upon him by the Authority from the date of application made for legal service till the completion or cessation of legal service or cancellation of eligibility:

25 · Operation of Bank Account. The Member-Secretary, the Secretary or the Chairman of the Authority, shall operate the account of the Authority:

26 · The experience and qualification of other persons of the Lok Adalats._ A person shall not be qualified to be included in the bench of a Lok Adalat; unless he is _

27 · Interpretation-~If any question arises as to the interpretation of these rules, the decision of the State Government thereon, shall be final.