The 12 th September, 1997

57f8c8a8174d69af0308525e110a94a579661405 · 1987 · State unknown

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

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HOME DEPARTMENT Notification The 12 th 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 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 (e) “Legal practitioner” shall have the same meaning as assigned at Chandigarh. 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; (A) (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. All 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

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

28 · (2) (f)

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 8 th 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.

6 · (3)

6 · (4)

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 day functions as may be sanctioned by the State Government from time to time.

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. (2) In all other matters like age of retirement and disciplinary matters, the officers and other employees of the State Authority shall be governed by the Government Rules, as are applicable to the employees holding equivalent posts.

8A · (3).

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: Provided that if no suitable person it available from amongst the members of the Punjab/Haryana Superior Judicial Service, an officer of the High Court not below the rank of a Joint Registrar shall be eligible for appointment as Secretary of the aforesaid Committee.

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. (2) The officers and other employees of the High Court Legal Services Committee shall be entitled to draw pay and allowances and other benefits in the scale of pay at par with the Government employees, as the case may be, holding equivalent posts and shall also be entitled to the same status, privileges and facilities.

9 · (5)

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.

9 · (6).

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. (2) In all other matters, like age of retirement and disciplinary matters, the officers and other employees of the District authority shall be governed by the Government rules as are applicable to persons holding equivalent posts.

12 · (h) and 28 (2).

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.—

28 · (2) (p).

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 :(a) by payment of court fee, process fee, expenses of witnesses, preparation of the paper book, lawyers fee and all other charges payable or incurred in connection with any legal proceedings; (b) through representation by a legal practitioner in legal proceedings; (c) by supplying certified copies of judgements, order notes or evidence and other documents in legal proceedings, (d) by preparation of appeal, paper book, including printing, typing and translation of documents in legal proceedings, (e) by drafting of legal documents, (f) by giving legal advice on any legal matter, and

28 · (2) (p).

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. (2) The Member-Secretary, Secretary, or the Chairman of the Authority, as the case may be, shall maintain a register of applications wherein all applications for legal service received under sub-rule (1) shall be entered. 20. Disposal of application.-(1) On receipt of an application-cumaffidavit, the Member-Secretary the Secretary or the Chairman of the Authority, as the case may be, shall scrutinize the application for the purpose of deciding whether the applicant is entitled to get legal service in accordance with the provisions of these rules, and for the purpose of arriving at such a decision, he may, if necessary and required, give personal hearing to the applicant but in doing so, the Member-Secretary, the Secretary or the Chairman of the Authority, as the case may be, shall have regard to the fact that the applicant is a poor person or belongs to a weaker section of the society and deserves to be assisted. The application shall be processed as early as possible and preferably within fifteen days of its receipt, (2) The decision of the Member-Secretary, the Secretary and the Chairman of the Authority to provide legal service shall be subject to confirmation by the concerned Authority.

28 · (2) (p).

21 · Panels for legal service.—(1) Every authority shall prepare such number of panels of legal practitioners, as it may consider necessary. (2) Every, Panel prepared under sub-rule (1), shall remain in for it is revised or modified by the Authority. (3) Appointment of a legal practitioner for legal service under these rules shall be made as far as possible from the panels of legal practitioners prepared under sub-rule (1) by the Authority. Provided that the Executive Chairman may appoint a legal practitioner not include in the panel and in a special case, Chairman of the Authority may do so with the prior permission of the Executive Chairman. 4. Every person included in the panel shall be required to communicate, in writing to the Member Secretary, the Secretary or the Chairman of the Authority may do so with the prior permission of the Executive Chairman. 5. If any person after having agreed to serve on a panel

28 · (2) (p).

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,-(a) if the case is not concerning any legal proceedings, hear the aided person or any other representing him and examine the papers and documents relating to the case and shall give his advice, in writing, to the aided person and also send a copy of the advice so recorded to the Member-Secretary, the Secretary or the Chairman of the Authority, and (b) if the case relates to any legal proceedings represent the aided person to act and plead for him in the legal proceedings and shall forthwith make a report to the Member-Secretary, the Secretary or the Chairman of the Authority, on the action taken by him and also make monthly report to them in regard to the progress of the legal proceedings, besides a report, in writing, within two days of the final conclusion of proceedings to the concerned Authority.

28 · (2) (p).

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. (2) No legal practitioner to whom any case is asked 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. (3) In case the final judgement or order is rendered by the court against the aided person, the concerned legal practitioner shall also submit along with his fee bill, his opinion, in writing, with reasons as to whether the case is fit for further appeal or revision, as the case may be, within seven days form the receipt of the certified copy of final judgement or order.

28 · (2) (p).

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. (2) Every aided person shall execute an agreement agreeing to the effect 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 (except an order of maintenance) to repay by way of reimbursement to the Authority, the amount of costs, charges and expenses of legal proceedings incurred by the Authority in rendering him legal service and to facilitate such reimbursement, he shall also execute an irrevocable power of attorney authorizing the Member-Secretary, the Secretary or the Chairman of the Authority, to do all such acts and things, as may be necessary for recovery or realization of the amount decreed or ordered to be paid to him. (3) The costs, charges and expenses which may be recovered by the Authority under sub-rule (2), shall be credited to the State Government.

28 · (2) (p).

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

29 · (2) (p).

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— (a) an eminent social worker, who is engaged in the upliftment of the weaker sections of the Society, including scheduled castes, women, children, rural and urban labour; or (b) a layer of at least ten years standing ; or (c) a person of repute, who is specially integrated in the implementation of the Legal Services Schemes and programmes ; or (d) a medical or any other expert as deemed fit by the Authority. 27. Interpretation—If any question arises as to the interpretation of these rules, the decision of the State Government thereon, shall be final.