The High Court Legal Services Committee Regulations, 1997

2 · Definitions: In these regulations, unless the context otherwise requires a) Act" means The legal services Authorities Act 1987 (b) Aided person means a person to whom legal aid, legal advice or legal services has been provided in any form; "Chief Justice" means the Chief Justice of the High Court; "Chairman means the chairman of the high court legal service committee "Committee" means the high court legal service committee; cCentral Authority means the national legal services authority constituted under section 3; ~High Court" means the high court of Judicature at Allahabad; (h) ~Legal Service" includes rendering of any service in the conduct of any case or other legal proceeding before any Court or other authority or Tribunal and the giving of advice o any legal matter; 'Lok Adalat = means a Lok Adalat organised under chapterVI of the Act; <Member' means a member of the committee; ~Rules" means the Uttar Pradesh state legal services authority rules1996; 0 "Secretary' means the secretary of High Court legal services committee; "Section means a section of the Act; "State Authority" means Uttar Pradesh state legal services authority constituted under section 6;

3 · Members of the high court legal services committee.--(1) The Committee shall consist of the following ex-officio members a sitting judge of the High Court Chairman nominated by the Chief Justice Senior most Chief Standing Counsel of the Member State Government at Allahabad Senior most Chief Standing Counsel of the Member State Government at Lucknow President of the High Court bar Member association at Allahabad President of the Advocates Association of Member the High Court at Allahabad President of the Avadh Bar Association at Member Lucknow Registrar of the High Court Member Additional Registrar of the High Court at Member Lucknow 2 The Chief justice may nominate other members not exceeding nine, from amongst persons possessing the experience and qualifications specified in sub regulation (3) (3) A person shall not be qualified for nomination as a member unless he is (a) an eminent social worker who is engaged in the upliftment of the weaker sections of the society including Scheduled castes Scheduled Tribes, women, children rural and urban labour; an eminent person in the field of law O 'public administration; OI person of repute who is especially interested in the implementation of the legal services schemes.

4 · Term of Office and other conditions of the members: - (1) The term of the office of the members nominated under sub-regulation (2) of Regulation 3 shall be two years and such members shall be eligible for re-nomination:

5 · Functions of the Committee:- (1) It shall be the duty of the Committee to give effect to such policies, programmes and schemes of Legal Aid, Legal Advice and Legal Services as may be formulated and required by the Central Authority and the State Authority. (2) The Committee shall perform all o any of the functions, namely (a) provide Legal Aid, Legal Advice and Legal Services to persons who are eligible for the purpose under the Act o the Rules; (b) organise and conduct Lok Adalats for High Court cases; and encourage settlement of cases by way of negotiations, arbitration and conciliation. 5A. Constitution of sub-committee - (1) The Committee may constitute a sub-committee for Lucknow Bench of the High Court for efficient performance of its functions

2 · The sub-committee shall consist of such members of the Committee as may be decided by the Chiarman: 3 The sub-committee shall perform such functions of the Committee as may be entrusted to it by the Committee, from time to time. An officer of the High Court, Lucknow Bench; Lucknow, not below the rank of Joint Registrar, belonging to the Uttar Pradesh Higher Judicial Service, may be appointed by the Chairman to work as Secretary of the sub-committee in addition to his duties as such officer of the High Court he may be paid honorarium of the Rupees One thousand per month for the performance of the functions and discharge of the duties as Secretary of the sub-committee.

6 · Secretary of the Committee - (1) An officer of the High Court; not below the rank of the Joint Registrar, belonging to the Uttar Pradesh Higher Judicial Service, may be appointed by the Chief Justice to work as Secretary of the Committee in addition to his duties as such officer of the High Court: He may be paid honorarium of Rs. 1,000 per month for the performance of the functions and discharge of the duties as Secretary. 2) The Secretary of the Committee shall be the principal officer of the Committee and shall a) be the custodian of all the assets, accounts, records and funds of the Committee and shall work under the supervision and direction of the Chairman; b) maintain or cause to be maintained true and proper accounts of receipts and disbursements of the funds of the Committee in such form and in such manner as may be specified by the State Authority. Exercise such powers and perform such functions and discharge such duties as may be assigned to him by the Chairman; and (d) Perform all other acts as may be expedient and necessary for efficient and proper performance of functions and discharge duties of the Committee.

7 · Transaction of business of the Committee: - (1) The Committee shall ordinarily meet once in every three months, on such date and at such place as may be fixed by the Secretary with the prior approval of the Chairman:

8 · Funds, Accounts and Audit of the Committee.- (1) The funds of the Committee shall consist of the following, namely (a) all sums of money paid Or any grants made by the State Authority to the Committee for the purposes of the Act; (b) any grants or donations that may be made to the Committee by any person, under intimation to the State Authority, for the purposes of the Act; any other amount received by the Committee under the orders of any Court or from any other source. 2) The funds of the Committee shall be maintained in a Scheduled Bank approved by the Committee. The Secretary shall operate the Bank accounts of the Committee in accordance with the directions of the Chairman: (3) All expenditure on Legal Aid, Legal Advice O other Legal Services, as also expenditure necessary for carrying out the various functions of the Committee shall be met out of the funds of the Committee. The accounts of the Committee shall be maintained properly and in such

9 · Criteria for giving Legal Services.- (1) Legal Aid, Legal Advice Or other Legal Services may be provided by the Committee in matters before the High Court or Central Administrative Tribunal at Allahabad and Lucknow and Board of Revenue at Allahabad and Lucknow or any other Authority constituted under any Law; other than District Courts to exercise judicial or quasi-judicial functions at Allahabad. (2 A person shall be entitled to legal Aid, Legal advice and other legal services if that person is: - Member of a Scheduled Caste or Scheduled Tribe; Or victim of "trafficking in human beings or beggar as referred to in article 23 of the Constitution of India or a women or a child or 8 a mentally ill or otherwise disabled person ;01 a person under circumstances of underserved want; such as being Victim of a mass disaster; ethnic violence, cast atrocity, flood, drought; earthquake or industrial disaster; or an industrial workman; Or in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral traffic Prevention) Act; 1956 or in a Juvenile Home within the meaning of clause (1) of Section 2 of the [Juvenile Justice Act; 1986], or in a psychiatric Hospital O Psychiatric Nursing Home within the meaning of clause g) of Section 2 of the Mental Health Act; 1987 or In receipt of annual income from all sources up to rupees twelve thousand Or other higher amount; as may be fixed, from time to time, under Rule 16 of the Rules.

10 · Refusal to provide Legal Aid, Legal Advice or Legal Services (1) Legal Aid, Legal Advice Or other Legal Services may be refused a To a person in a case of Contempt of Court; (b) To a person in proceedings relating to any election;

11 · Modes of providing Legal Services: Legal Services may be given in any Or more of the following modes, namely a) Towards payment of Court-fees, Process-fee and all other charges payable Or incurred in connection with any legal proceedings; (b) Through engagement of a legal practitioner For obtaining and supply of certified copies of judgement, order and other documents in legal proceedings Provided that payment of Court-fees process-fee and other expenses shall be allowed to the extent as per general orders of the State Authority.

12 · Application for Legal Services: (1) Any person requiring Legal Aid, Legal Advice or Legal Services may make an application addressed to the Secretary of the Committee. The Committee shall maintain a register of application wherein in all applications for Legal Aid, Legal advice 0 Legal Services shall be entered and registered and the action taken on such applications shall be noted against the entry relating to each such application:

13 · Disposal of Applications (1) on receipt of an application for legal aid, legal advice or legal services the secretary shall scrutinise the application to satisfy himself that the same is in order as regards eligibility ad other requirements of the rules and regulations and wherever warranted the applicant may be required to submit further information as may be necessary. (2)The Secretary shall consider the application and pass necessary order for granting or refusing to provide Legal Aid, Legal Advice O other Legal Service. Provided that where it is proposed to disallow the application, reasons for so doing shall be duly recorded in the register of 'applications maintained in the Committee

14 · Duty of aided person: Every aided person or his representative shall attend the office of the Committee as and when required by the Secretary or by the Advocate concerned and shall provide and furnish such particular or information as may be considered necessary and shall make full disclosure of the particular or information SO required. He shall attend the court or proceedings at his own expense.

15 · Certificate of eligibility. ~ (1)Where an application for Legal Aid, Legal Advice or Legal Services is allowed, a certificate of eligibility shall be issued in favour of the applicant entitling him to Legal Aid, Legal Advice o Legal Services in respect of a proceeding: (2) The certificate of eligibility shall stand cancelled if the Legal Aid, Legal Advice or Legal Services is withdrawn and in every such case the advocate to whom the case of the person concerned is assigned, as also the court O judicial or quasi Judicial Authority before which the case is pending, shall be informed accordingly in writing:

16 · Cancellation of certificate of eligibility. (1) The Committee may either on its own motion or otherwise cancel the certificate of eligibility granted under Regulation 15 in the following circumstances, namely a) in the event of being found that the certificate of eligibility was obtained by the aided person by misrepresentation or fraud; b) In the event of any material change in the circumstances of the aided

17 · Fee/Honorarium payable to Legal Practitioners 0n the Panel. _ (1) A panel of suitable advocates who are agreeable to conduct the cases or proceedings on behalf of the persons in whose favour a certificate of eligibility has been issued shall be prepared by the Committee. Ordinarily the panel s0 prepared shall be for two years. A copy of the panel so prepared shall be sent to the State Authority for information, advice and directions, if any. Such advocates shall be paid fee or honorarium at such rate as may be determined, from time to time, by the State Authority. Until so determined the rate of fee or honorarium fixed for the purpose under the relevant State Government Orders shall continue. (2) No legal practitioner to whom any case is assigned for Legal Aid, Legal Advice or 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 o from any other person on his behalf: (3) A legal practitioner on the panel, who has completed his assignment, shall submit a statement; showing the fee or honorarium due to him in connection with the legal proceedings conducted by him on behalf of the aided person to the Secretary who shall, after due scrutiny and approval of the Chairman, sanction the amount to be paid to the advocate concerned. (4) An advocate may be permitted to provide Legal Aid, Legal Advice or Legal