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act 039 of 1987 : Supreme Court Legal Services Committee Rules, 2000

Supreme Court Legal Services Committee Rules, 2000

ACTNO. 39 OF 1987
07 March, 2000

In exercise of the powers conferred by Section 27 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central Government in consultation with Chief Justice of India, hereby makes the following rules, namely:

Section 1. Short title and commencement

(1) These Rules may be called the Supreme Court Legal Services Committee Rules, 2000.

(2) They shall come into force on the date of their publication in the Gazette of India.

Section 2. Definitions

In these Rules unless the context otherwise requires

(a) Act means the Legal Services Authorities Act, 1987;

(b) Member means the Members of the Supreme Court Legal Services Committee nominated under clause (b) of sub-section (2) of Section 3-A of the Act;

(c) Secretary means the Secretary of the Supreme Court Legal Services Committee appointed under sub-section (3) of Section 3-A of the Act;

(d) all other words and expressions used in these Rules but not defined shall have the same meaning as assigned to them in the Act.

Section 3. The number, experience and qualifications of Members of the Supreme Court Legal Services Committee under clause (b) of sub-section (2) of Section 3-A

The Supreme Court Legal Services Committee shall consist of not more than nine members.

(2) The following shall be the ex-officio Members of the Supreme Court Legal Services Committee

(i) Attorney General of India;

(ii) Additional Secretary in the Department of Legal Affairs, Ministry of Law, Justice and Company Affairs, Government of India or his nominee;

(iii) Additional Secretary in the Department of Expenditure of the Ministry of Finance, Government of India or his nominee; and

(iv) Registrar General of the Supreme Court of India.

(3) The Chief Justice of India may nominate other Members from amongst those possessing the qualification and experience prescribed in sub-rule (4) of the Rules.

(4) A person shall not be qualified for nomination as a Member unless he is

(a) an eminent person in the field of law; or

(b) a person of repute who is specially interested in the implementation of the Legal Services Schemes; or

(c) 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.

Section 4. The experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub-section (3) of Section 3-A

A person shall not be qualified for appointment as Secretary unless he is

(a) an officer of the Supreme Court Registry not below the rank of 2[Deputy Registrar]; or

(b) an officer of the rank of Director in the Central Government and possessing a degree of Law.

Section 5. The number of officers and other employees of the Supreme Court Legal Services Committee under sub-section (5) of Section 3-A

The Supreme Court 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 in the Schedule to these Rules or as may be notified by the Central Government from time to time.

Section 6. The conditions of service and the salary and allowances payable to the officers and employees of the Supreme Court Legal Services Committee under sub-section (6) of Section 3-A

(1) The officers and other employees of the Supreme Court Legal Services Committee shall be entitled to draw pay and allowances in the scale of pay indicated against each post in the Schedule to these Rules or at par with the Central Government employees holding equivalent posts.

(2) In all matters like age of retirement, pay and allowances, benefits and entitlements and disciplinary matters, the officers and employees of the Supreme Court Legal Services Committee shall be governed by the Central Government rules as are applicable to persons holding equivalent posts.

(3) The officers and other employees of the Supreme Court Legal Services Committee shall be entitled to such other facilities and benefits as may be notified by the Central Government from time to time.

Explanation. The words benefits , allowances , entitlements , facilities occurring in these Rules shall be deemed to include, the entitlement to gratuity, provident fund, housing, medical benefits, pension, group insurance, and all other benefits as are available to employees of the Central Government holding equivalent posts.

Section 7. The upper limit of annual income of a person entitling him to legal services under clause (h) of Section 12, if the case is before the Supreme Court

A person whose annual income from all sources does not exceed 3[Rs. 5,00,000 (Rupees Five lakh)] per annum shall be entitled to legal services under clause (h) of Section 12 of the Act.

Section 8. The experience and qualifications of other persons of the Lok Adalats organised by the Supreme Court Legal Services Committee specified in sub-section (3) of Section 19

A person shall not be qualified to be included in the Lok Adalat unless he is,

(a) a member of the legal profession; or

(b) a person of repute who is specially interested in the implementation of the Legal Services Schemes and Programmes; or

(c) 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.

4[SANCTIONED STRENGTH OF THE STAFF OF THE SUPREME COURT LEGAL SERVICES COMMITTEE]

Sl. No.

Designation

Scales of pay

No. of Posts

I.

Officers

1. Secretary

Rs. 14300-400-18300

1

2. Legal Service Counsel-cum-Consultant

Rs. 12000-375-16500

1

3. Superintendent

Rs. 6500-200-10500

1

Total

3

II.

Establishment

1. Assistant

Rs. 5500-175-9000

2

2. Upper Division Clerk

Rs. 4000-100-6000

2

3. Upper Division Clerk-cum-Accountants

Rs. 4000-100-6000

1

4. Junior Stenographer

Rs. 4000-100-6000

1

5. Lower Division Clerk

Rs. 3050-75-3950-80-4590

4

6. Daftry

Rs. 2610-60-3150-65-3540

1

7. Peon

Rs. 2550-55-2660-60-3200

3

8. Farash

Rs. 2550-55-2660-60-3200

1

Total

15

Grand Total of Officers and Staff:

18]

1. Vide G.S.R. 582(E), dt. July 3, 2000, published in the Gazette of India, Extra., Pt. II, S. 3(i), dt. 3-7-2000, pp. 3-7, No. 361 [F. No. A60011(14)/99-Admn. III(LA) (NALSA)].

2. Subs. for Joint Registrar by G.S.R. 823(E), dt. 28-11-2008 (w.e.f. 28-11-2008).

3. Subs. by G.S.R. 1237(E), dt. 27-12-2018 (w.e.f. 27-12-2018).

4. Added by G.S.R. 637(E), dt. 25-7-2000.