Haryana act 039 of 1987 : The Legal Services Authorities Act, 1987

Contents

* * *

1

The Legal Services Authorities Act, 1987

I

The Legal Services Authorities Act, 1987 (No. 39 of 1987) [As amended by The Legal Services Authorities (Amendment) Act, 1994 (No. 59 of 1994)]

and

[Legal Services Authorities (Amendment) Act, 2002 (No. 37 of 2002)] The 11th October, 1987

The 29th October, 1994

An Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

Be it enacted by Parliament in the thirty-eighth year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Legal Services Authorities Act, 1987. Short title, extent and

(2) It extends to the whole of India¹ commencement.

.

(3) It shall come into force on such date² as the Central

Government may, by notification, appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.

2. (1) In this Act, unless the context otherwise requires,- Definitions.

(a) "Case"³includes a suit or any proceeding before a court; (aa) "Central Authority" means the National Legal Services Authority constituted under Section 3;

(aaa) "Court" means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions;

1

The Legal Services Authorities Act, 1987

(b) "District Authority" means a District Legal Services Authority constituted under Section 9;

(bb) "High Court Legal Services Committee"⁴means a High Court Legal Services Committee constituted under Section 8A;

(c) "Legal Service" includes the 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 on any legal matter;

(d) "Lok Adalat" means a Lok Adalat organized under Chapter- VI;

(e) "Notification" means a notification published in the Official Gazette;

(f) "Prescribed" means prescribed by rules made under this Act;

(ff) "Regulations"⁵means regulations made under this Act;

(g) "Scheme" means any scheme framed by the Central Authority, a State Authority or a District Authority for the purpose of giving effect to any of the provisions of this Act;

(h) "State Authority" means a State Legal Services Authority constituted under Section 6;

(i) "State Government" includes the administrator of a Union territory appointed by the President under article 239 of the Constitution.

(j) "Supreme Court Legal Services Committee" means the Supreme Court Legal Services Committee constituted under Section 3A;

(k) "Taluk Legal Services Committee" means a Taluk Legal Services Committee constituted under Section

11A.

(2) Any reference in this Act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

2

The Legal Services Authorities Act, 1987

CHAPTER II

THE NATIONAL LEGAL SERVICES AUTHORITY

3⁶. (1) The Central Government shall constitute a body to be called the Constitution of National Legal Services Authority to exercise the powers and perform the the National Legal Services functions conferred on, or assigned to the Central Authority under this Act. Authority.

(2) The Central Authority shall consist of -

(a) the Chief Justice of India who shall be the Patron-in- Chief;

(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in consultation with the Chief Justice of India, who shall be the Executive Chairman; and

(c) such number of other members, possessing such experience and qualifications, as may be prescribed by the Central Government, to be nominated by that Government in consultation with the Chief Justice of India.

(3) The Central Government shall, in consultation with the Chief Justice of India, appoint a person to be the Member Secretary of the Central Authority, possessing such experience and qualification as may be prescribed by that Government, to exercise such powers and perform such duties under the Executive Chairman of the Central Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority.

(4) The terms of office and other conditions relating thereto, of members and the Member Secretary of the Central Authority shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(5) The Central Authority may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions under this Act.

(6) The Officers and other employees of the Central Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(7) The administrative expenses of the Central Authority, including the s a l a r i e s , allowances and pensions payable to the Member-Secretary, officers and other employees of the Central Authority, shall be defrayed out of the Consolidated Fund of India.

(8) All orders and decisions of the Central Authority shall be,

3

The Legal Services Authorities Act, 1987 authenticated by the Member-Secretary o r any other officer of the Central Authority duly authorized by the Executive Chairman of that Authority.

(9) No act or proceeding of the Central Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Central Authority.

Supreme Court

Legal Services 3A. (1) The Central Authority shall constitute a committee to be called the Committee. Supreme Court Legal Services Committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the Central Authority.

(2) The Committee shall consist of -

(a) a sitting Judge of the Supreme Court who shall be the Chairman; and

(b) such number of other members possessing such experience and qualifications as may be prescribed by the Central Government,

to be nominated by the Chief Justice of India.

(3) The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing such experience and qualifications as may be prescribed by the Central Government.

(4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the Central Authority.

(5) The Committee may appoint such number of officers and other employees as may be prescribed by the Central Government, in consultation with the Chief Justice of India, for the efficient discharge of its functions.

(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the Central Government in consultation with the Chief Justice of India.

Functions of the

Central Authority. 4. The Central Authority shall [****]

7 perform all or any of the following

functions, namely: -

(a) lay down policies and principles for making legal services available under the provisions of the Act;

(b) frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this Act;

7 The words "subject to the general directions of the Central Government" omitted by Act 59 of 1994 sec. 4, (w.e.f. 29.10.1994).

4

The Legal Services Authorities Act, 1987

(c) utilize the funds at its disposal and make appropriate allocations of funds to the State Authorities and District Authorities;

(d) take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections of the society and for this purpose, give training to social workers in legal skills;

(e) organize legal aid camps, especially in rural area, slums or labour colonies with the dual propose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through Lok Adalats.

(f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation;

(g) undertake and promote research in the field of legal services with special reference to the need for such services among the poor;

(h) to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under Part IVA of the Constitution;

(i) monitor and evaluate implementation of the legal aid programmes at periodic intervals and provide for independent evaluation of programmes and schemes implemented in whole or in part by funds provided under this Act;

(j) provide⁸grants-in-aid for specific schemes to various voluntary social service institutions and the State and District Authorities, from out of the amounts placed at its disposal for the implementation of legal services schemes under the provisions of this Act;

(k) develop, in consultation with the Bar Council of India, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions;

(l) take appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights, benefits and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures;

5

The Legal Services Authorities Act, 1987

(m) make special efforts to enlist the support of voluntary social welfare institutions working at the grass-root level, particularly among the Scheduled Castes and the Scheduled Tribes, women and rural and urban labour; and

(n) coordinate and monitor the functioning of State⁹ Authorities, District Authorities, Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees and voluntary social services institutions and other legal services organization and give general directions for the proper implementation of the legal services programmes.

Central Authority 5. In the discharge of its functions under this Act, the Central Authority shall, to work in

Coordination wherever appropriate, act in coordination with other governmental and non- with other

agencies. governmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor.

CHAPTER III

STATE LEGAL SERVICES AUTHORITY

Constitution of State Legal 6 10 . (1) Every State Government shall constitute a body to be called the Services Legal Services Authority for the State to exercise the powers and perform the Authority.

functions conferred on, or assigned to, a State Authority under this Act.

(2) A State Authority shall consist of-

(a) the Chief Justice of the High Court who shall be the Patron-in-Chief;

(b) a serving or retired Judge of the High Court to be nominated by the Governor, in consultation with the Chief Justice of the High Court, who shall be the Executive Chairman; and

(c) such number of other members, possessing such experience and qualifications as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

(3) The State Government shall, in consultation with the Chief Justice of the High Court, appoint a person belonging to the State Higher Judicial Service, not lower in rank than that of a District Judge, as the Member Secretary of the State Authority, to exercise such powers and perform such

6

The Legal Services Authorities Act, 1987 duties under the Executive Chairman of the State Authority as may be prescribed by that Government or as may be assigned to him by the Executive Chairman of that Authority:

Provided that a person functioning as Secretary of a State Legal Aid and Advice Board immediately before the date of constitution of the State Authority may be appointed as Member-Secretary of that Authority, even if he is not qualified to be appointed as such under this sub-section, for a period not exceeding five years.

(4) The terms of office and other conditions relating thereby, of members and the Member-Secretary of the State Authority shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) The State Authority may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court, for the efficient discharge of its functions under this Act.

(6) The officers and other employees of the State Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(7) The administrative expenses of the State Authority, including the salaries, allowances and pensions payable to the Member-Secretary or any other officer of the State Authority shall be defrayed out of the consolidated fund of the State.

(8) All orders and decisions of the State Authority shall be authenticated by the Member Secretary or any other officer of the State Authority duly authorized by the Executive Chairman of the State Authority.

(9) No act or proceeding of a State Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the State Authority.

7. (1) It shall be the duty of the State Authority to give effect to Functions of the State Authority

the policy and directions of the Central Authority.

(2) Without prejudice to the generality of the functions referred to in sub-section (1), the State Authority shall perform all or any of the following functions, namely:-

(a) give legal service to persons who satisfy the criteria laid down under this Act;

(b) conduct Lok Adalats, including Lok Adalats for High Court cases¹¹;

7

The Legal Services Authorities Act, 1987

(c) undertake preventive and strategic legal aid programmes; and

(d) perform such other functions as the State Authority may, in consultation with the Central Authority¹², fix by regulations.

8¹³. In the discharge of its functions the State Authority shall appropriately act State Authority to act in coordination

in coordination with other governmental agencies, non-governmental voluntary with other agencies, etc. and be

social service institutions, universities and other bodies engaged in the work of subjected to promoting the cause of legal services to the poor and shall also be guided by such direction given by the Look Adalat.

directions as the Central Authority may give to it in writing.

8A. (1) The State Authority shall constitute a committee to be called the High Court Legal Services

High Court Legal Services Committee for every High Court, for the purpose Committee of exercising such powers and performing such functions as may be determined by regulations made by the State Authority.

(2) The Committee shall consists of-

(a) a sitting Judge of the High Court who shall be the Chairman; and

(b) such number of other members possessing such experience and qualifications as may be determined by regulations made by the State Authority. to be nominated by the Chief Justice of the High Court.

(3) The Chief Justice of the High Court shall appoint a Secretary to the Committee possessing such experience and qualifications as may be prescribed by the State Government.

(4) The terms of office and other conditions relating thereto, of the members and Secretary of the Committee shall be such as may be determined by regulations made by the State Authority.

(5) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.

(6) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

8

The Legal Services Authorities Act, 1987

9¹⁴. (1) The State Government shall, in consultation with Chief Constitution of District Legal

Justice of the High Court, constitute a body to be called the District Legal Services Services Authority for every District in the State to exercise the powers and perform the Authority. functions conferred on, or assigned to, the District Authority under this Act.

(2) A District Authority shall consist of-

(a) the district Judge who shall be its Chairman; and

(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with the Chief Justice of the High Court.

(3) The State Authority shall, in consultation with the Chairman of the District Authority, appoint a person belonging to the State Judicial Service not lower in rank than that of a Subordinate Judge or Civil Judge posted at the seat of the District Judiciary as Secretary of the District Authority to exercise such powers and perform such duties under the Chairman of that Committee as may be assigned to him by such Chairman.

(4) The terms of office and other conditions relating thereto, of members and Secretary of the District Authority shall be such as may be determined by regulations made by the State Authority in consultation with the Chief Justice of the High Court.

(5) The District Authority may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with the Chief Justice of the High Court for the efficient discharge of its functions.

(6) The officers and other employees of the District Authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(7) The administrative expenses of every District Authority, including the salaries, allowances and pensions payable to the Secretary, officers and other employees of the District Authority shall be defrayed out of the Consolidated Fund of the State.

(8) All orders and decisions of the District Authority shall be authenticated by the Secretary or by any other officer of the District Authority duly authorized by the Chairman of that Authority.

(9) No act or proceeding of a District Authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the District Authority.

9

The Legal Services Authorities Act, 1987 Functions of 10. (1) It shall be the duty of every District Authority to perform District Authority.

such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority.

(2) Without prejudice to the generality of the functions referred to in sub-section (1), the District Authority may perform all or any of the following functions, namely:-

(a) coordinate 15 the activities of the Taluk Legal Services Committee and other legal services in the District;

(b) organize Lok Adalats within the District; and

(c) perform such other functions as the State Authority may [****] 16 fix by regulations.

District Authority 11. In the discharge of its functions under this act, the District act in coordination

with other Authority shall, wherever appropriate act in coordination with other agencies and be governmental and non-governmental institutions, universities and others engaged subject to

directions given by in the work of promoting the cause of legal services to the poor and shall also be the Central

Authority, etc. guided by such directions as the Central Authority or the State Authority may give to it in writing.

Taluk Legal 11A 17 . (1) The State Authority may constitute a Committee, to be Services

Committee. called the Taluk Legal Services Committee, for each taluk or mandal or for group of taluks or mandals.

(2) The Committee shall consist of ---

(a) the "senior most judicial officer"¹⁸operating within the jurisdiction of the Committee who shall be the ex- officio Chairman; and

(b) such number of other members, possessing such experience and qualifications, as may be prescribed by the State Government, to be nominated by that Government in consultation with Chief Justice of the High Court.

(3) The Committee may appoint such number of officers and other employees as may be prescribed by the State Government in consultation with Chief Justice of the High Court for the efficient discharge of its functions.

(4) The officers and other employees of the Committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the State Government in consultation with Chief Justice of the High Court,

15 Subs. by Ac t 59 of 1994, sec.8, for clause (a) (w.e.f. 29.10.1994).

16 The words "in consultation with the State Government", omitted by Act 59 of 1994, sec.8 (w.e.f. 29.10.1994).

17 Ins. by Act 59 of 1994, sec.9 (w.e.f. 29.10.1994).

10

The Legal Services Authorities Act, 1987

(5) The administrative expenses of the Committee shall be defrayed out of the District Legal Aid Fund by the District Authority.

11B. The Taluk Legal Services Committee may perform all or any of the Functions of Taluk Legal Services

following functions, namely:-- Committee.

(a) coordinate the activities of legal services in the taluka;

(b) organize Lok Adalats within the taluk; and

(c) perform such other functions as the District Authority may assign to it.

CHAPTER IV

ENTITLEMENT TO LEGAL SERVICES

12. Every person who has to file or defend a case shall be entitled to legal Criteria for giving legal services.

services under this Act if that person is—

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or beggar as referred in article 23 of the Constitution;

(c) a woman or a child;

(d) a person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995¹⁹.

(e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

(g) 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 (j) of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital or psychiatric nursing home within the meaning clause (g) of section 2 of the Mental Health Act, 1987; or

(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other

11

The Legal Services Authorities Act, 1987 higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.

Entitlement of 13. (1) Persons who satisfy or any of the criteria specified in section 12 legal services.

shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima-facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

Grants by the 14. The Central Government shall, after due appropriation made Central by Parliament by law in this behalf, pay to the Central Authority, by way of Government.

grants, such sums of money as the Central Government may think fit for being utilized for the purposes of this Act.

National Legal 15. (1) The Central Authority shall establish a fund to be called Aid Fund.

the National Legal Aid fund and there shall be credited thereto—

(a) all sums of money given as grants by the Central Government under section 14;

(b) any grants or donations that may be made to the Central Authority by any other person for the purposes of this Act;

(c) any amount received by the Central Authority under the orders of any court or from any other source.

(2) The National Legal Aid Fund shall be applied for meeting—

(a) the cost of legal services provided under this Act including grants made to State Authorities;

(b) the cost of legal services provided by the Supreme Court Legal Services Committee;

(c) any other expenses which are required to be met by the Central Authority.²⁰

State Legal Aid 16. (1) A State Authority shall establish a fund to be called the State Fund Legal Aid Fund and there shall be credited thereto —

12

The Legal Services Authorities Act, 1987

(a) all sums of money paid to it or any grants made by the Central Authority for the purposes of this Act;

(b) any grants or donations that may be made to the State Authority by the State Government or by any person for the purposes of this Act;

(c) any other amount received by the State Authority under the orders of any court or from any other source.

(2) A State Legal Aid Fund shall be applied for meeting—

(a) the cost of functions referred to in section 7;

(b) the cost of legal services provided by the High Court Legal Services Committees;

(c) any other expenses which are required to be met by the State Authority.²¹

17. (1) Every District Authority shall establish a fund to be called the District Legal Aid Fund.

District Legal Aid Fund and there shall be credited thereto—

(a) all sums of money paid or any grants made by the State Authority to the District Authority for the purposes of this Act;

(b) any grants or donations that may be made to the District Authority by any person, with the prior approval of the State Authority, for the purposes of this Act;

(c) any other amount received by the District Authority under the orders of any court or from any other source.²²

(2) A District Legal Aid Fund shall be applied for meeting—

(a) the cost of functions referred to in section 10 and 11B²³;

(b) any other expenses which are required to be met by the District Authority.

18. (1) The Central Authority, State Authority or the District Authority Accounts and (hereinafter referred to in this section as 'the Authority'), as the case may be, shall Audit. maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balance-sheet in such form and in such manner as may be prescribed by the

13

The Legal Services Authorities Act, 1987 Central Government in consultation with the Comptroller and Auditor General of India.

(2) The accounts of the Authorities shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority concerned to the Comptroller and Auditor General of India.

(3) The Comptroller and Auditor General of India and any other person appointed by him in connection with the auditing of the accounts of an Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor General of India has in connection with the auditing of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authorities under this Act.

(4) The accounts of the Authorities, as certified by the Comptroller and Auditor General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually by the Authorities to the Central Government or the State Governments, as the case may be.

24 (5) The Central Government shall cause the accounts and the audit report received by it under sub-section (4) to be laid, as soon as may be after they are received, before each house of Parliament.

(6) The State Government shall cause the accounts and the audit report received by it under sub-section (4) to be laid, as soon as may be after they are received, before the State Legislature.

CHAPTER VI

LOK ADALATS

Organisation of Lok Adalats. 19. (1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be, Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organized for an area shall consist of such number of-

(a) serving or retired judicial officers; and

(b) other persons, of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee or, as the case may be, the Taluk

24 Ins. by Act 59 of 1994, sec.14 (w.e.f. 29.10.1994).

14

The Legal Services Authorities Act, 1987 Legal Services Committee, organizing such Lok Adalat.

(3) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats organized by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India.

(4) The experience and qualifications of other persons referred to in clause (b) of sub-section (2) for Lok Adalats other than referred to in sub- section

(3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of—

(i) any case pending before; or

(ii) any matter which is falling within the jurisdiction of and is not brought before, any court for which the Lok Adalat is organized:

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.

20²⁵. (1) Where in case referred to in clause (i) of sub-section (5) of Cognizance of cases by Lok

section-19. Adalats.

(i) (a) the parties thereof agree; or

(b) one of the parties thereof makes an application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or

(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court shall refer the case to the Lok Adalat:

Provided that no case shall be referred to the Lok Adalat under sub- clause

(b) of clause (i) or clause (ii) by such court except after giving a reasonable opportunity of being heard to the parties.

(2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organizing the Lok Adalat under sub-section (1) of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause (ii) of sub-section (5) of section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination:

Provided that no matter shall be referred to the Lok Adalat except after

15

The Legal Services Authorities Act, 1987 giving a reasonable opportunity of being heard to the other party.

(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has been made to it under sub-section (2), the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity fair play and other legal principles.

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under sub-section (1) for disposal in accordance with law.

(6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a court.

(7) Where the record of the case is returned under sub-section (5) to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under sub-section (1). Award of Lok 21 26Adalat 7 of 1870. . (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at by a Lok Adalat in a case

referred to it under sub-section (1) of section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870.

(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award. Powers of Lok 22. (1) The Lok Adalat "or Permanent Lok Adalat" 27 Adalats 5 of 1908. shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:-

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document;

(c) the reception of evidence on affidavits;

(d) the requisitioning of any public record or document or copy of

26 Sub. by Act 59 of 1994, sec. 16, for sub-section (1) (w.e.f. 29.10.1994).

27 Added by Legal Services Authorities (Amendment) Act No. 37 of 2002 published in Gazette of India vide notification No. 40 dated 11-6-2002.

16

The Legal Services Authorities Act, 1987 such record or document from any court or office; and

(e) such other matters as may be prescribed

(2) Without prejudice to the generality of the powers contained in sub- section (1), every Lok Adalat "or Permanent Lok Adalat" shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.

(3) All proceedings before a Lok Adalat "or Permanent Lok Adalat"

shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code 145 of 1860 and every Lok Adalat or Permanent Lok Adalat shall be deemed to be a civil court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of

1974).

CHAPTER VIA

PRE-LITIGATION CONCILIATION AND SETTLEMENT 22A. In this Chapter and for the purpose of sections 22 and 23, unless the Definition. context otherwise requires;-

(a) "Permanent Lok Adalat" means a Permanent Lok Adalat established under sub-section (1) of section 22B;

(b) "Public Utility Service" means any-

(i) Transport Service for the carriage of passengers or goods by air, road or water; or

(ii) Postal, telegraph or telephone service; or

(iii) Supply of power, light or water to the public by any establishment; or

(iv) System of public conservancy or sanitation; or

(v) Service in hospital or dispensary; or

(vi) Insurance service.

(vii) Housing and Estates²⁸

(viii) Banking and Financial²⁹

(ix) Education or Educational Institutions³⁰

17

The Legal Services Authorities Act, 1987

(x) Housing & Real Estate³¹

(xi) Supply of new connection of LPG or refills or its connected matter.³²

and i n c l u d e s any s e r v i c e which the C e n t r a l Government or the State Government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes of this chapter. Establishment of 22B. (1) Notwithstanding anything contained in section 19, the Central Permanent Lok

Adalats. Authority or, as the case may be, every State Authority shall, by notification, establish Permanent Lok Adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification.

(2) Every Permanent Lok Adalat established for an area notified under sub-section (1) shall consist of -

(a) a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat; and

(b) two other persons having adequate experience in public utility service to be nominated by the Central Government or, as the case may be, the State Government on the recommendation of the Central Authority or, as the case may be, the State Authority,

appointed by the Central Authority or, as the case may be, the State Authority, establishing such Permanent Lok Adalat and the other terms and conditions of the appointment of the Chairman and other persons referred to in clause (b) shall be such as may be prescribed by the Central Government.

Cognizance of

cases by 22C. (1) Any party to a dispute may, before the dispute is brought before any Permanent Lok court, make an application to the Permanent Lok Adalat for the settlement of Adalat.

dispute:

Provided that the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law:

Provided further that the Permanent Lok Adalat shall not have

jurisdiction in the matter where the value of the property in dispute exceeds one crore rupees:³³

Provided also that the Central Government, may, by notification,

18

The Legal Services Authorities Act, 1987 increase the limit of "one crore rupees" specified in the second proviso in consultation with the Central Authority.

(2) After an application is made under sub-section (1) to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute.

(3) Where an application is made to a Permanent Lok Adalat under sub-section (1), it—

(a) shall direct each party to the application to file before it a written statement, stating therein the facts and nature of dispute under the application, points or issues in such dispute and grounds relied in support of, or in opposition to, such points or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to each of the parties to the application;

(b) may require any party to the application to file additional statement before it at any stage of the conciliation proceedings;

(c) shall communicate any document or statement received by it from any party to the application to the other party, to enable such other party to present reply thereto.

(4) When statement, additional statement and reply, if any, have been filed under sub-section (3), to the satisfaction of the Permanent Lok Adalat, it shall conduct conciliation proceedings between the parties to the application in such manner as it thinks appropriate taking into account the circumstances of the dispute.

(5) The Permanent Lok Adalat shall, during conduct of conciliation proceedings under sub-section (4), assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner.

(6) It shall be the duty of every party to the application to cooperate in good faith with the Permanent Lok Adalat in conciliation of the dispute relating to the application and to comply with the direction of the Permanent Lok Adalat to produce evidence and other related documents before it.

(7) When a Permanent Lok Adalat, in the aforesaid conciliation proceedings, is of opinion that there exist elements of settlement in such proceedings which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispute and give to the parties concerned for their observations and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the settlement agreement and the

19

The Legal Services Authorities Act, 1987 Permanent Lok Adalat shall pass an award in terms thereof and furnish a copy of the same to each of the parties concerned.

(8) Where the parties fail to reach at an agreement under sub-section (7), the Permanent Lok Adalat shall, if the dispute does not relate to any offence, decide the dispute.

Procedure of 22D. The Permanent Lok Adalat shall, while conducting conciliation proceedings Permanent Lok

Adalat 5 of 1908. or deciding a dispute on merit under this Act, be guided by the principles of natural 1 of 1872.

justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872).

Award of

Permanent Lok 22E. (1) Every award of the Permanent Lok Adalat under this Act made either Adalat to be final. on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them.

(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a civil court.

(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the persons constituting the Permanent Lok Adalat.

(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.

(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court".

CHAPTER VII

MISCELLANEOUS

Members and staff of Authorities, 23 34 . The members including Member-Secretary or, as the case may be, Committees and Secretary of the Central Authority, the State Authorities, the District Lok Adalats to be

public servants. Authorities, the Supreme Court Legal Services Committee, High Court Legal Services Committee, Taluk Legal Services Committees and officers and other employees of such Authorities, Committees "and the Members of the Lok Adalats or the persons Constituting Permanent Lok Adalats"

35 shall be deemed to

be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Protection of

action taken in 24. No suit, prosecution or other legal proceedings shall lie against— good faith.

34 Subs. by Act 59 of 1994, sec. 17, for sections 23 and 24 (w.e.f. 29..10.1994).

35 Substituted by Legal Services Authorities (Amendment) Act No. 37 of 2002 published in Gazette of India vide notification No. 40 dated 12-6-2002.

20

The Legal Services Authorities Act, 1987

(a) the Central Government or the State Government;

(b) the Patron-in-Chief, Executive Chairman, Members or Member Secretary or officers or other employees of the Central Authority;

(c) Patron-in-Chief, Executive Chairman, Member, Member Secretary or officers or other employees of the State Authority;

(d) Chairman, Secretary, Members or officers or other employees of the Supreme Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services Committees or the District Authority; or

(e) Any other person authorized by any of the Patron-in-Chief, Executive Chairman, Chairman, Member, Member Secretary referred to in sub-clauses (b) to (d), for anything which is in good faith done or intended to be done under the provisions of this Act or any rule or regulation made thereunder.

25. The provisions of this Act shall have effect notwithstanding anything Act to have over- inconsistent therewith contained in any other law for the time being in force or in riding effect. any instrument having effect by virtue of any law other than this Act.

26. (1) If any difficulty arises in giving effect to the provisions of thisAct, Power to remove difficulties.

the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

27³⁶. (1) The Central Government, in consultation with the Chief Justice of Power of Central India may, by notification, make rules to carry out the provisions of this Act. Government to make rules.

(2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely:-

(a) the number, experience and qualifications of other members of the Central Authority under clause (c) of sub-section

(2) of section 3;

(b) the experience and qualifications of the Member Secretary of the Central Authority and his powers and functions under sub- section (3) of section 3;

21

The Legal Services Authorities Act, 1987

(c) the terms of office and other conditions relating thereto, of Members and Member Secretary of the Central Authority under sub-section (4) of section 3;

(d) the number of officers and other employees of the Central Authority under sub-section (5) of section 3;

(e) the conditions of service and the salary and allowances of officers and other employees of the Central Authority under sub-section (6) of section 3;

(f) the number, experience and qualifications of Members of the Supreme Court Legal Services Committee under clause

(b) of sub-section (2) of section 3A;

(g) the experience and qualifications of Secretary of the Supreme Court Legal Services Committee under sub- section (3) of section 3A;

(h) the number of officers and other employees of the Supreme Court Legal Services Committee under sub- section (5) of section 3A and the conditions of service and the salary and allowances payable to them under sub-section (6) of that section;

(i) 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;

(j) the manner in which the accounts of the Central Authority, the State Authority or the District Authority shall be maintained under section 18;

(k) the experience and qualifications of other persons of the Lok Adalats organized by the Supreme Court Legal Services Committee specified in sub-section (3) of section 19;

(l) other maters under clause (e) of sub-section (l) of section 22;

(m) the other terms and conditions of appointment of the Chairman and other persons under sub-section (2) of section

22B³⁷,

Power of State Government to 28. (1) The State Government in consultation with the Chief Justice of the make rules. High Court may, by notification, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the

22

The Legal Services Authorities Act, 1987 foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the number, experience and qualifications of other Members of the State Authority under clause (c) of sub-section (2) of section 6;

(b) the powers and functions of the member Secretary of the State Authority under sub-section (3) of section 6;

(c) 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;

(d) the number of officers and other employees of the State Authority under sub-section (5) of section 6;

(e) the conditions of service and the salary and allowances of officers and other employees of the State Authority under sub- section (6) of section 6;

(f) the experience and qualifications of Secretary of the High Court Legal Services Committee under sub-section

(3) of section 8A;

(g) the number of officers and other employees of the High Court Legal Services Committee under sub-section (5) of section 8A and the conditions of service and the salary and allowances payable to them under sub-section (6) of that section;

(h) the number, experience and qualifications of Members of the District Authority under clause (b) of sub-section (2) of section 9;

(i) the number of officers and other employees of the District Authority under sub-section (5) of section 9;

(j) the conditions of service and the salary and allowances of officers and other employees of the District Authority under sub-section (6) of section 9;

(k) the number, experience and qualifications of Members of the Taluk Legal Services Committee under clause (b) of sub- section (2) of section 11A;

(l) the number of officers and other employees of Taluk Legal Services Committee under sub-section (3) of section 11A;

(m) the conditions of service and the salary and allowances

23

The Legal Services Authorities Act, 1987 of officers and other employees of the Taluk Legal Services Committee under sub-section (4) of section 11A;

(n) 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 a court, other than the Supreme Court;

(o) the experience and qualifications of other persons of the Lok Adalats other than referred to in sub-section (4) of section 19;

(p) any other matter which is to be, or may be, prescribed. Power of Central 29. (1) The Central Authority may, by notification, make regulations not Authority to make

regulations. inconsistent with the provisions of this Act and the rules made there under, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:--

(a) the powers and functions of the Supreme Court Legal Services Committee under sub-section (1) of section 3A;

(b) the terms of office and other conditions relating thereto, of the members and Secretary of the Supreme Court Legal Services Committee under sub-section (4) of section 3A. Power of State 29A. (1) The State Authority may, by notification, make regulations not Authority to make regulations. inconsistent with the provisions of this Act and the rules made there under to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the forgoing power, such regulations may provide for all or any of the following matters namely:--

(a) the other functions to be performed by the State Authority under clause (d) of sub-section (2) of section 7;

(b) the powers and functions of the High Court Legal Services Committee under sub-section (1) of section 8A;

(c) the number, experience and qualifications of Members of the High Court Legal Services Committee under clause (b) of sub- section (2) of section 8A;

(d) the terms of office and other conditions relating thereto, of the Members and Secretary of the High Court Legal Services Committee under sub-section (4) of section 8A.;

24

The Legal Services Authorities Act, 1987

(e) the terms of office and other conditions relating thereto, of the Members and Secretary of the District Authority under sub- section (4) of section 9;

(f) the number, experience and qualifications of Members of the High Court Legal Services Committee under clause (b) of sub- section (2) of section 8A;

(g) the other functions to be performed by the District Authority under clause (c) of sub-section (2) of section 10;

(h) the terms of office and other conditions relating thereto, of the Members and Secretary of the Taluk Legal Services Committee under sub-section (3) of section 11A;

30. (1) Every rule made under this Act by the Central Government and Laying of rules and regulations.

every regulation made by the Central Authority there under shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

(2) Every rule made under this Act by a State Government and every regulation made by a State Authority there under shall be laid, as soon as may be after it is made, before the State Legislature.

***

25

The Haryana State Legal Services Authority Rules, 1996

II

THE HARYANA STATE LEGAL SERVICES AUTHORITY RULES, 1996

Haryana Government Notification No. G.S.R. 16/C.A. 39/1987/S. 28/96¹.—In exercise of the powers conferred by section 28 of the Legal Services Authorities Act, 1987 (No. 39 of 1987), as amended by the Legal Services Authorities (Amendment) Act, 1994 (No. 59 of 1994), the Government of Haryana hereby makes the following rules regulating the constitution of Legal Services Authorities namely:-

1. Short title and commencement.—(1) These rules may be called "The Haryana State Legal Services Authority Rules, 1996."

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

CHAPTER—I

DEFINITIONS

2. In these rules unless the context otherwise requires,--

(a) "Act" means the Legal Services Authorities Act, 1987 (Central Act No. 39 of 1987) as amended by Legal Services Authorities Act, 1987 (Central Act No. 59 of 1994);

(b) "Chairman" means the Executive Chairman of the State Authority, or the Chairman of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be;

(c) Omitted**.

(d) "District Authority" means the District Legal Services Authority constituted under Section 9 of the Act;

(e) "High Court Legal Services Committee" means a High Court Legal Services Committee constituted under Section 8A of the Act;

(f) "Joint Member Secretary" means the person so appointed as the Joint Member Secretary of the State Authority under rule 8;

(g) "Member" means the member of the State Authority appointed under Section 6(2)(c); member of the District Authority appointed under Section 9(2); member of the High Court Legal Services Committee appointed under Section 8A(2) and member of the Sub-Divisional Legal Services Committee appointed under Section 11A(2) (b) of the Act, as the case may be;

26

The Haryana State Legal Services Authority Rules, 1996

(h) "Member Secretary" means the Member-Secretary of the State Legal Services Authority appointed under Section 6 of the Act;

(i) "Schedule" means schedules appended to these rules;

(j) "Section" means the Section of the Act;

(k) "Secretary" means the Secretary of the High Court Legal Services Committee constituted under Section 8A of the Act, the Secretary of the District Legal Services Authority constituted under Section 9 of the Act;²

(l) "State Authority" means the State Legal Services Authority constituted under Section 6(1) of the Act;

(m) "Sub-Divisional Legal Services Committee" means the committee constituted under Section 11A of the Act;

(n) All other words and expressions used in these rules but not defined shall have the meaning, respectively assigned to them in the Act.

CHAPTER II

HARYANA LEGAL SERVICES AUTHORITY

3. The State Authority shall consist of the following namely:-- (i). Chief Justice of High Court of Punjab and Haryana as the Patron-in- Chief;

(ii) Executive Chairman of the Haryana State Authority;

(iii) the Secretary in the Department of Administration of Justice;

(iv) the Secretary in the Department of Finance;

(v) the Secretary in the Department of Law and Legislative;

(vi) the Advocate General of the Haryana State;

(vii) the Director General of Police of the State of Haryana;

(viii) the Chairman, Bar Council of Haryana and Punjab;

(ix) the Director, Public Relations Department, Haryana;

(x) two Chairman of the District Authority as may be nominated by the State Government in consultation with the Chief Justice of Punjab and Haryana High Court;

(xi) Member-Secretary of the State Authority.

27

The Haryana State Legal Services Authority Rules, 1996

(2) The State Authority shall have the following nominated members in consultation with the Chief Justice of Punjab and Haryana High Court:--

(i) One Representative of Women;

(ii) One representative of Scheduled Castes;

(iii) Dean/Chairman, Department of Law, M.D. University/ Kurukshetra University.

(3) The State Government may nominate, in consultation with the Chief Justice of the High Court of Punjab and Haryana, two persons as specified in sub-rule 2(i) & 2(ii) of this rule from amongst those possessing the qualifications and experience prescribed in sub-rule (4) of this rule.

(4) A person shall not be qualified for nomination as a member of the State 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, Rural and Urban Labour;

OR

(b) an eminent person in the field of law;

OR

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

(b) The number if members of State Authority shall not exceed fifteen.

(5) The Headquarter of the State Authority shall be located at the seat of the High Court of Punjab and Haryana or at Panchkula.

4. Terms of office and other conditions relating thereto of members of State Authority.-

(1) The Members of the State Authority nominated under sub-rule (1) (x) and

(2) of rule 3 by the State Government shall continue for a term of two years and shall be eligible for renomination.

(2) A member of the State Authority nominated under sub-rules (1) (x) and (2) of rule 3 may be removed by the State Government in consultation with the Chief Justice of Punjab and Haryana High Court if in the opinion of State Government, he is not desirable to continue as a member.

(3) If any member nominated under sub-rules (1) (x) and (2) of rule 3 ceases to be a member of the State Authority for any reason, the vacancy shall be filled in, in the same manner as the original nomination and the person so nominated shall continue to be a member for the remaining term of the member in whose place he is nominated.

28

The Haryana State Legal Services Authority Rules, 1996

(4) All members, nominated under sub-rules (1) (x) and (2) of rule 3, 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 shall be paid by the State Authority in accordance with the rules as are applicable to the Group "A" officers, as amended from time to time.

(5) If the nominated member is a Government employee, he shall be entitled to claim travelling allowance and daily allowance from his parent department.

CHAPTER III

MEMBER SECRETARY

5. (1) There shall be a Member Secretary of the Haryana State Legal Services Authority in terms of Section 6 or its provision who will be appointed by the Government in consultation with the Chief Justice of the Punjab and Haryana High Court on the recommendations of the Executive Chairman of the Haryana State Legal Services Authority.

6. The powers and functions of the Member Secretary of the State Authority- The powers and functions of the Member Secretary of the State Authority, inter 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 powers in respect of Administrative, Housekeeping, finance and Budget matters as Head of the Department in the State Government;

(d) to manage the properties, records and funds of the State Authority;

(e) to maintain true and proper account of the State Authority including checking and auditing in respect thereof periodically;

(f) to prepare Annual Income and Expenditure Account and Balance-sheet of the said Authority;

(g) to liaison with the Social Action Groups and District and Sub- Divisional Legal Services Authorities/Committees;

(h) to maintain up-to-date and complete statistical information including progress made in the implementation of various Legal Services Programmes from time to time;

(i) to process proposals for financial assistance and issue Utilization Certificates thereof;

29

The Haryana State Legal Services Authority Rules, 1996

(j) to organize various Legal Services Programmes as approved by the State Authority and convene Meeting/Seminars and Workshops connected with Legal Services Programmes and preparation of Reports and follow-up action thereon;

(k) to produce video/documentary films, publicity material, literature and publications to inform general public about the various aspects of the Legal Services Programmes;

(l) to lay stress on the resolution of Rural Disputes and to take extra measure to draw schemes for effective and meaningful legal services for settling Rural Disputes at the door steps of the rural people;

(m) to perform such of the functions as are assigned to him under the Schemes formulated under section 4(b) of the Act; and

(n) to perform such other functions as may be expedient for efficient functioning of the State Authority.

7. The terms of office and other conditions relating thereof Member- Secretary of the State Authority -

(1) The Member Secretary of the State Authority shall be the whole time employee and shall hold office for a term not exceeding five years.

(2) The Member Secretary of the State Authority shall be the Head of the office.

(3) In all matters like age of retirement, pay and allowances, benefits and entitlements, and disciplinary matters, the Member Secretary shall be governed by the State Government Rules and he shall be on deputation to the State Authority.

CHAPTER IV

8. Joint Member Secretary of the State Legal Services Authority,-- With a view to smooth functioning of the State Authority the State Government may on the recommendation of the Executive Chairman of the State Authority appoint one Joint Member Secretary of the State Authority who shall not be below the rank of Senior Subordinate Judge or Chief Judicial Magistrate.

9. The number of officers and other employees of the State Authority,--

(1) The State Authority 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 Schedule I to these rules or as may be notified by the State Government from time to time.

(2) On constitution of the State Authority, existing staff of the Haryana State Legal Service and Advice Committee as specified in Schedule II shall stand transferred to the said State Authority.

30

The Haryana State Legal Services Authority Rules, 1996

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 scale of pay indicated against each post in the Schedule I to these rules or at par with the State Government employees holding equivalent posts;

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

(3) The officers and other employees of the State Authority shall be entitled to such other facilities, allowances and benefits as may be notified by the State Government from time to time.

Explanation.—The words "allowances", "benefits", "entitlement" and "facilities"

occurring in sub-rules (1), (2) and (3) shall be deemed to include the entitlement to gratuity, provident fund, housing, medical benefits, pension, group insurance and such other benefits as are available to employees of the State Government holding equivalent posts."³.

CHAPTER V

11. Omitted.⁴

CHAPTER VI

HIGH COURT LEGAL SERVICES COMMITTEE

12. Omitted.⁵

13.⁶Experience and qualifications of Secretary of the High Court Legal Services Committee under sub-section (3) of section 8A .— A person shall not be qualified for appointment as Secretary of the High Court Legal Services Committee unless he is a member of the Punjab/Haryana Superior Judicial Service; Provided that if no suitable person is available from amongst the members of the Punjab/Haryana Superior Judicial Service then an officer of the High Court not below the rank of Joint Registrar shall be eligible for appointment as Secretary of the aforesaid Committee.

14. The Composition of, and the experience and qualifications of the members of the High Court Legal Services Committee, shall be laid down by regulations made by the State Authorities of both the States.

31

The Haryana State Legal Services Authority Rules, 1996

CHAPTER VII

DISTRICT AUTHORITY

15. There shall be a District Legal Services Authority of each district in the State of Haryana.

(1) The District Legal Services Authority shall have not more than eight members.

(2) The following shall be ex-officio members of the District Legal Services Authority:--

(i) District and Sessions Judges as Chairman;

"Provided that where there is no District & Sessions Judge posted at the seat of headquarters of a district (as distinguished from a sessions division), in such eventuality the Senior Most Additional District & Sessions Judge/Senior Most Judicial Officer, as the case may be, posted there, shall be the Chairman of the District Legal Services Authority."⁷

(ii) District Magistrate;

(iii) "Commissioner of Police/Superintendent of Police:

Provided that where Commissioner of Police is the Head of Police Force in a District the Commissioner of Police shall be the ex-officio member of District Legal Services Authority"⁸

(iv) District Attorney;

(v) Chief Judicial Magistrate/Additional Chief Judicial Magistrate/Senior Most Judicial Magistrate shall be Secretary⁹".

(3) The following shall be the nominated members:--

(a) One Social Worker; and

(b) One Representative of Women.

(4) The State Government may nominate in consultation with the Chief Justice of the High Court of Punjab and Haryana, two persons as specified in sub-rule (3) of this rule from amongst those possessing the qualifications and experience prescribed in sub-rule

(5) of this rule.

(5) A person shall not be qualified for nomination as a member of the District Legal Services Authority unless he is -

(a) an eminent Social Worker who is engaged in the upliftment of the

32

The Haryana State Legal Services Authority Rules, 1996 weaker sections of the people, including Scheduled Castes, Scheduled Tribes, Backward Classes, Women, Children and Rural Labour; or

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

(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes.

16. The number of officers and other employees of the District Legal Services Authority. -

(1) The District Legal Services Authority 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 Schedule-I, Part-II to these Rules or as may be notified by the State Government from time to time.

(2) On constitution of the District Authority, the existing staff of the District Level Legal Services and Advice Committees as specified in Schedule-II, Part-II shall stand transferred to the said District Authorities.

17. The conditions of service and the salary and allowances of the officers and other employees of the District Legal Services Authority:-

(1) The officers and other employees of District Legal Services Authority shall be entitled to draw pay and allowances in the scale of pay indicated each against post in the Schedule-I, Part-II to these rules or at par with the State 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 other employees of the District legal Services Authorities shall be governed by the State Government rules as are applicable to persons holding equivalent posts.

(3) The officers and other employees of District Legal Services Authority shall be entitled such other facilities, allowances and benefits as may be notified by the State Government from time to time.

Explanation,-- The words "allowances", "benefits", "entitlement" and "facilities" occurring in sub-rule (1), (2) and (3) shall be deemed to include the entitlement to gratuity, provident fund, housing, medical benefits, pension, group insurance and such other benefits as are available to the employees of the State Government, holding equivalent posts¹⁰.

CHAPTER VIII

SUB-DIVISIONAL LEGAL SERVICES COMMITTEE

18. The number, experience and qualifications of members of the Sub- divisional Legal Services Committee.—

(1) The Sub-Divisional Legal Services Committee shall have not more than six

33

The Haryana State Legal Services Authority Rules, 1996 members.

(2) The following shall be ex officio members of the Sub- Divisional Legal Services Committee: -

(i) "Senior most Judicial Officer"¹¹of the Sub-Divisional as Chairman;

(ii) Sub-Divisional Officer (Civil);

(iii) Deputy Superintendent of Police;

(iv) Civil Judge (Junior Division)".

(3) The following shall be the nominated members:--

(a) One Social Worker; and

(b) One Representative of Women.

(4) The State Government may nominate in consultation with the Chief Justice of the High Court of Punjab and Haryana, two persons as specified in sub-rule (3) of this rule from amongst those possessing the qualifications and experience prescribed in sub-rule

(5) of this rule.

(5) A person shall not be qualified for nomination as a member of the Sub- Divisional Legal Services Committee 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, Backward Classes, Women, Children and Rural Labour; or

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

(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes.

Note¹²-- For the time being no clerical or ministerial staff shall be given. The existing staff of the "Senior most Judicial Officer of the Sub- Division shall look"

after the work of the Sub-Divisional Legal Services Committee.

CHAPTER IX

ENTITLEMENT OF LEGAL SERVICE

19. Entitlement to Legal Service.-- Any citizen of India whose annual income from all sources does not exceed Rs.3,00,000 (Rupees three lacs)¹³or such higher amount as may be notified by the State Government from time to time, shall be entitled to legal services under clause (h) of Section 12 of the Act:

34

The Haryana State Legal Services Authority Rules, 1996 The State Legal Services Authority, High Court Legal Services Committee, District Legal Services Authority and the Sub-Divisional Legal Services Committee, as the case may be, may grant legal services to any other person irrespective of his income:-

(a) To a member of Scheduled Caste or Scheduled Tribe or Backward Classes;

(b) To a victim of trafficking in human beings or beggar as referred in Article 23 of the Constitution;

(c) To a woman;

(d) To a child, i.e. person who has not attained the age of 18 years or if he is under the guardianship under the Guardians and Wards Act, 1890 the age of 21 years;

(e) To a person with disability as defined in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (1) of 1996)¹⁴;

(f) To a person, under circumstances of undeserved want such as being victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(g) To an industrial workman; or

(h) To a person 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 "children's home, observation home, shelter home and special home within the meaning of clauses (e), (o), (u) and (v) respectively of section 2 of Juvenile Justice (Care and Protection of Children) Act, 2000.¹⁵

(i) To a person in a psychiatric hospital or psychiatric nursing home within the meaning of clause (q) of Section 2 of the Mental Health Act, 1987; or

(j) In a test case, the decision of which is likely to effect cases of numerous other persons belonging to the poor and weaker sections of the society; or

(k) To a person, in a special case, which for reasons to be recorded in writing is considered otherwise deserving of legal service where the means test is not satisfied; or

(l) To a person in the case where the High Court or the Supreme Court provides legal service under any order in that case legal service would be deemed to have been provided by the Authority/Committee in relaxation of all the conditions laid down in this rule; or

35

The Haryana State Legal Services Authority Rules, 1996

(m) To a person in case of public interest litigation; or

(n) To an ex-serviceman, and the families of such persons who have died in action; or¹⁶

(o) To riot victims, and the families of such persons as well as terrorist victims and families of such persons; or¹⁷

(p) To freedom fighters.¹⁸

(q) Transgender people.¹⁹

(r) Senior Citizen that is person who is citizen of India and has attained the age of 60 years or above.²⁰

(s) HIV positive persons or AIDS patients.²¹

20. Matters on which Legal Service is admissible.—

(1) Free legal aid may be obtained in any court of law upto the Supreme Court and in any Tribunal, Revenue Court as well as all departments of Government and other bodies discharging quasi-judicial functions.

(2) The legal aid is available in all civil, criminal, revenue and administrative matters.

21. 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, lawyer's fee and all other charges payable or incurred in connection with any legal proceedings;

(b) By representation by a legal practitioner in legal proceedings;

(c) By supplying certified copies of judgments, orders, 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; and

(e) By drafting of legal documents.

36

The Haryana State Legal Services Authority Rules, 1996

PROCEDURE FOR PROVIDING LEGAL AID

22. Application for Legal Service.—

(1) Any person desiring to seek legal service may make an application addressed to the Member-Secretary of the State Authority, Secretary of the High Court Legal Services Committee, Secretary of the District Legal Services Authority, Chairman of the Sub-Divisional Legal Services Committee (hereinafter referred to as Member Secretary, Secretary or Chairman of the Authority/Committee concerned), as the case may be.²²

(2) The Member Secretary, Secretary or Chairman of the Authority/Committee concerned s h a l l maintain a register of applications wherein all applications for legal service received under sub-rule (1) shall be entered.²³

23. Disposal of applications.—

(1) On receipt of an application under rule 22, the "Member Secretary, Secretary or Chairman of the Authority/Committee"²⁴shall 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 decision he may require applicant to supply further information as may be necessary, and, if necessary, give personal hearing to the applicant and in doing so the Member-Secretary shall have regard to the fact that the applicant is a poor person or belonging to a weaker section of the society and deserves to be assisted in the matter of obtaining legal service. The application shall be processed as early as possible and preferably within fifteen days of its receipt.

(2) The decision of the²⁵"Member Secretary, Secretary or Chairman of the Authority/Committee as the case may be" to provide legal service shall be final:

Provided that if the Member-Secretary, Secretary or the Chairman of the Authority/Committee, as the case may be, is of the opinion that the applicant is not deserving of legal service, he may reject the application but such rejection shall be brought to the notice of Executive Chairman of the State Authority by the Member- Secretary of the State Authority, to the Chairman of the High Court Legal Services Committee by the Secretary of the High Court Legal Services Committee, to the Chairman of the District Authority by the Secretary of the District Authority and to the Chairman of the District Legal Services Authority by the Chairman of the Sub-Divisional Legal Services Committee possibly within two weeks of rejection of application for legal service."²⁶

(3) Where it is decided not to give legal aid to an applicant the reasons for not doing so shall be entered in the register of applications maintained by the Authority/Committee and information in writing to the effect shall be communicated to the applicant.

37

The Haryana State Legal Services Authority Rules, 1996

(4) No legal service shall be granted or continued after the legal service is granted, if the Authority/Committee is satisfied that:-

(a) The applicant has knowingly made false statement or furnished false information as regards his means or place of residence; or

(b) In proceedings other than the one relating to criminal prosecution there is no prima facie case to institute, or as the case may be, to defend the proceedings; or

(c) The application is frivolous and fictitious; or

(d) The applicant is not entitled to the same under rule 19 or any other provisions of the rule; or

(e) Having regard to all the circumstances of the case, it is otherwise not reasonable to grant it.

24. Panel for Legal Service—

(1) The State Authority, District Authority, Sub-Divisional Legal Services Committee and High Court Legal Services Committee, shall prepare such number of panel of legal practitioners as it may consider necessary,

(2) Every panel prepared under sub rule (1) shall be continued for a period of two years from the date of its preparation.

(3) Appointment of legal practitioners for legal service shall be made as far as possible from the panel of legal practitioners prepared under sub-rule (1) by the Authority/Committee.

Provided that the Authority/Committee may appoint a legal practitioner not included in any panel in a case where it deems it necessary for imparting justice and may even appoint a legal practitioner of the choice of the applicant.

(4) Every person included in the panel shall be required to communicate, in writing to the Member-Secretary, "Secretary or Chairman of the Authority/Committee"²⁷ concerned as the case may be, his willingness to serve on the panel.

(5) Any vacancy in the panel caused by resignation or otherwise may be filled in by the Authority/Committee as soon as possible.

(6) If any person after having agreed to serve on a panel, neglects or refuse to discharge the duties properly the Authority/Committee may delete his name from the panel after giving him, opportunity to be heard.

(7) If any person after having agreed to serve on a panel is guilty of misconduct or violates any of the provisions of these rules, he shall be liable to be removed from the panel.

38

The Haryana State Legal Services Authority Rules, 1996

(8) Save as otherwise directed by the Authority/Committee, a legal practitioner who ceases to be on the panel whether on account of resignation or otherwise, shall as soon as practicable, after he so ceases to be on the panel, deliver all the papers pertaining to cases entrusted to him, to the Member- Secretary, Secretary or Chairman of Authority/Committee concerned as the case may be.²⁸

25. Duties of Legal Practitioners on the Panel.—

(1) Legal practitioners appointed for rendering legal service to the aided person under these rules:--

(a) If the case is not concerning any proceeding in a court of law, tribunal or administrative tribunal shall hear the aided person, or any other person representing him, and shall 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, Secretary or Chairman of the Authority/Committee; as the case may be and²⁹

(b) If the case relates to any legal proceedings, he shall represent the aided person and act and plead for him in the legal proceedings and shall forth-with make a report to Member-Secretary, Secretary or Chairman of the Authority/Committee as the case may be" on the action taken by him and also make monthly report to the Member Secretary in regard to the progress of the legal proceedings.³⁰

(2) The legal practitioner so long as he remains on the panel shall act in accordance with such instructions as may be given to him from time to time, by the Member-Secretary, Secretary or Chairman of the Authority/Committee as the case may be.³¹

26. Honorarium payable to legal practitioner on the panel. — The honorarium to the legal practitioners may be paid as may be notified by the State Authority from time to time.

27. Duties of aided person. — A person seeking legal service shall comply with any requisition or direction that may be made upon him by the Authority/Committee or any of its members from the date of application made for legal service till the completion or cessation of legal service or cancellation of eligibility.

27A³². Recovery of legal aid expenses from aided persons.—

(1) A person seeking legal service shall execute an agreement in the form appended to these rules wherein he shall undertake for the refund/recovery, in suitable cases, of such portion of the costs/charges which may have been borne by the State Legal Services Authority/High Court Legal Services Committee/District Legal Services Authority/Sub-Divisional Legal Services Committee, as the case may be, in funding the litigation and which litigation may have ultimately resulted in award of costs/charges by any Court/Tribunal in favour of an 'aided person'. The said form shall also provide for authorization by the aided person, to the Court/Tribunal awarding such costs/charges in the litigation resulting in his favour to order refund of such costs/charges directly to the

39

The Haryana State Legal Services Authority Rules, 1996 respective Legal Services Authority/Committee, which may have funded his litigation. The aforesaid agreement to be executed by the aided person shall also contain a clause in the shape of an irrevocable power of attorney authorizing the Member-Secretary, Secretary or Chairman of the respective Authority/Committee concerned to do all such acts and things as may be necessary for recovery/realization of the amount decreed or ordered awarded to him by any Court/Tribunal. Where due to inadvertence or otherwise, any such costs are ordered by such courts to be recoverable by an aided person and released in his favour, the aided person shall be under legal obligation to deposit such costs/charges to the concerned Authority/Committee within one month of the receipt of such amount and on his failure to deposit the same within the stipulated period, the said costs/charges shall be recovered from the aided person as arrears of land revenue by the Collector of the district in which the aided person may be residing or holding property and upon recovery in such manner, the Collector shall remit the same to the concerned Authority/Committee:

Provided that where the amount of costs/charges awarded is less than Rs. 1000/- (One thousand rupees only) it shall be in the absolute discretion of the Member-Secretary, Secretary or Chairman of the respective Authority/Committee concerned whether or not to proceed for recovery of such amount.

Form³³

(See Rule 27A) I, ________________________________ son of/daughter of/wife of shri _________________________________________________________ resident of _____________________________________, hereby agree that in the event of the Court/Tribunal finally passing a decree or order in my favour awarding costs to me or other monetary benefit or advantage, the expenses of litigation borne by the Authority/Committee on my behalf shall remain the first charge on that monetary benefit/decree. I further bind myself that for releasing the said benefit/decree in my favour in order to recover the said expenses of litigation, Member-Secretary, Secretary or Chairman of the Authority/Committee, as the case may be, shall be legally entitled to act as my special attorney without any further legal document.

I, hereby also declare that in case of any benefit under a decree or order granted in my favour the Court/Tribunal shall be at liberty to divert such amount to the Authority/Committee, as may have been incurred by the Authority/Committee in giving me legal service and I shall also supply true information to the Authority/Committee in this regard.

I, hereby further declare that where due to inadvertence or otherwise, any such costs are ordered by such courts to be recoverable by me and released in my favour, I shall be under legal obligation to deposit such costs/charges to the concerned Authority/Committee within one month of the receipt of such amount and on my failures to deposit such amount within stipulated period, the said costs/charges shall be recoverable from me as arrears of land revenue by the Collector of district in which I reside or hold property.

Place:________________

Dated:_______________ APPLICANT

40

The Haryana State Legal Services Authority Rules, 1996

28. The experience and qualifications of other persons of the Lok Adalats other than referred to in sub-section (4) of Section 19.—A person shall not be qualified to be included in the Bench of Lok Adalat unless he is:--

(a) an eminent social worker who is engaged in the upliftment of the weaker section of the people; including Scheduled Castes, Scheduled Tribes, Women, children, Rural and Urban Labour; or

(b) a lawyer of standing; or

(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes and programmes.

28A³⁴. Award of Lok Adalat—

1. Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section

(1) of Section 20, the Court-Fee paid in such case shall be refunded in the manner provided under the Court-Fees Act, 1870.

2. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute and no appeal shall lie to any court against the award.

3. The awards passed by the Lok Adalats in respect of pending cases shall be executable by the courts in which those matters were pending prior to the passing of the awards by the Lok Adalats.

4. However, the petitions for execution or awards passed by the Lok Adalats regarding matters at pre-litigative stage shall be instituted before the Senior most Judicial Officer out of Civil Judges (Senior Division) at the District level; and before the Senior most Civil Judge (Senior Division) at the Sub-Divisional level who may either execute the same himself, or entrust it to any Judicial Officer junior to him and exercising pecuniary jurisdiction in respect of the amount settled at the pre-litigative stage.³⁵

CHAPTER X

MISCELLANEOUS

29. Repeal and Savings

1. The Haryana State Grant of Free Legal Service and Advice to the Poor Rules, 1982, are hereby repealed:

Provided that any action taken under the rules so repealed shall be deemed to have been taken under the corresponding provisions of these rules.

2. All notifications, regulations and orders made by the State Government will be valid unless they are inconsistent with Act and these Rules.

30. Interpretation.—If any question arises as to the interpretation of these rules, the decision of the Executive Chairman of State Legal Services Authority, shall be final.

41

The Haryana State Legal Services Authority Rules, 1996

CHAPTER XI

TRANSITIONAL PROVISION

31. Omitted.³⁶

32. The Secretarial staff of the Executive Director, Haryana State Level Legal Service and Advice Committee and of the District Attorney-cum- Member Secretary, District Level Legal Service and Advice Committees shall continue as the staff of the State Legal Service Authority and of the District Legal Service Authorities respectively.

SCHEDULE—I

[See rules 9(1), 10(1), 16, 17 (1)]

PART I A

42

The Haryana State Legal Services Authority Rules, 1996

PART II

B

Requirement of the Staff of the District Legal Services Authority Sr. Designation of the post Scale of pay Number of posts

required

1. Assistant³⁸1,400-40-1,600-50-2,300-EB-60-2,600 1

2. Clerk 950-20-1,150-EB-25-1,500 1

3. Peon 750-12-870-EB-14-940 1 (Three posts in each of 17 districts of Haryana, total posts-51)

SCHEDULE—II

[See rule 9(2)]

A

PART I

Existing Staff of the Haryana State Legal Service and Advice Committee The following posts were sanctioned by the Haryana Government for the office of the Executive Director, Haryana State Level Legal Service and Advice Committee:-

43

The Haryana State Legal Services Authority Rules, 1996

10. Bhale Ram Driver 11-2-1988 Since the posts of aforesaid officials were sanctioned by the Haryana Government for doing the work of providing free legal aid to poor under the Haryana State Grant of Free Legal Service and Advice to the Poor Rules, 1982, therefore, the aforesaid officials shall continue to work now in the office of the Haryana State Legal Services Authority and shall be entitled to draw pay and allowances in the scale indicated in schedule to these rules.

PART II

[See Rule 9(2)]

B

The following posts were sanctioned by the Haryana Government from time to time for the offices of the District Attorneys-cum-Member Secretaries of the District Level Legal Services and Advice Committees of Haryana as then existing in all the districts of Haryana.

Since the posts of aforesaid officials were sanctioned by the Haryana Government for

doing the work of providing free legal aid to poor to the Poor Rules, 1982, therefore, the

aforesaid officials shall continue to work now in the office of the District Legal Services

Authorities and shall be entitled to draw pay and allowances in the scale indicated in schedule

to these rules.

Note: By virtue of Rule 32 of Haryana State Legal Services Authority Rules, 1996, the above named officials who were recruited as clerks in pursuance of Haryana Government letter No. 20/18-864JJ(I) dated 2-3-1995 stand absorbed in various District Legal Services Authorities.

44

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

III

HARYANA LEGAL SERVICES AUTHORITY (TRANSACTION OF

BUSINESS AND OTHER PROVISIONS) REGULATIONS, 1998¹

In exercise of the powers conferred by Section 29-A of the Legal Services Authorities Act, 1987 (Act No. 39 of 1987) the Haryana Legal Services Authority hereby makes the following regulations:

CHAPTER I

Preliminary

1. (1) These regulations may be called the Haryana Legal Services Short title and Authority (Transaction of Business and Other Provisions) Regulations, 1998. commencement

(2) They shall come into force with effect from the date of their publication in the official Gazette.

Definitions

2. In these regulations, unless the context otherwise requires:-

(a) "Act" means the Legal Services Authorities Act, 1987 (Central Act No. 39 of 1987) as amended from time to time;

(b) "Aided Person" means a person to whom legal aid, legal advice or legal services has been provided in any form;

(c) "Central Authority" means the National Legal Services Authority constituted under Section 3;

(d) "Chairman" means the Chairman of the District Authority and Sub-Divisional Legal Services Committee, as the case may be;

(e) "Chief Justice" means the Chief Justice of the Punjab and Haryana High Court;

(f) "Court" means a Civil, Criminal or Revenue Court and includes any Tribunal or any other authority constituted under any law for the time being in force to exercise judicial or quasi-judicial functions;

(g) "Committee" means the Sub-Divisional Legal Services Committee.

(h) "District Authority" means the District Legal Services Authority constituted under section 9 of the Legal Services Authorities Act;

(i) "Executive Chairman" means the Executive Chairman of the State Authority;

(j) "High Court" means the Punjab and Haryana High Court at Chandigarh;

45

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

(k) "Legal Practitioner" shall have the meaning as assigned to the expression in the Advocate Act, 1961;

(l) "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 giving of advice on any legal matter;

(m) "Lok Adalat" means a Lok Adalat organized under Chapter VI of the Act;

(n) "Member" means a member of the State Authority, District Authority or Sub-Divisional Legal Services Committee as the case may be;

(o) "Member Secretary" means Member Secretary of the State Authority;

(p) "Nominated Member" means a member nominated to State Authority, the District Authority or the Sub-Divisional Committee, as the case may be;

(q) "Patron-in-Chief" means the Chief Justice, Punjab and Haryana High Court;

(r) "Rules" means the Haryana State Legal Services Authority Rules, 1996;

(s) "Secretary" means the Secretary of the District Authority, or Sub- Divisional Legal Services Committee, as the case may be; (t)

"Section" means a section of the Act;

(u) "State Authority" means the Haryana Legal Services Authority constituted under section 6 (1) of the Act;

(v) All other words and expressions used in these Regulations, but not defined shall have the meaning respectively assigned to them in the Act and the Rules framed there under.

CHAPTER—II

3. The Executive Authority of the State Authority shall vest in the Vesting of Executive Chairman and may be exercised through the Member Secretary who Authority shall act under the control of the Executive Chairman:

Provided that the Patron-in-Chief may give such advice as he may deem necessary in respect of any matter concerning the affairs of the State Authority. The Executive Authority of the District Authority shall vest in its Chairman and may be exercised through its Secretary, who shall act under the control of the Chairman.

The Executive Authority of the Sub-Divisional Committee shall vest in its Chairman and may be exercised either by himself or through such other officer,

46

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

who is chosen for the purpose.

Provided that the Executive Chairman may give such advice as he may deem necessary in respect of any matter concerning the affairs of the District Authority and Sub-Divisional Committee.

CHAPTER—III

STATE LEGAL SERVICES AUTHORITY

Other functions of the State Authority

4. In addition to the functions to be performed by the State Authority, as laid down by Section 7(1) and 7(2) (a) (b) (c) of the Act, the State Authority may also perform such other functions, as may be fixed in consultation with the Central Authority, for carrying out schemes and programmes of promoting the cause of legal aid, legal literacy and conciliation in coordination with Governmental, non-Governmental Agencies, Voluntary Social Service Institutions, Universities and other bodies.

5. (1) The State Authority shall meet once in every three months Meeting of the provided that the Executive Chairman may convene a meeting of the State State Authority Authority whenever any business is to be transacted.

(2) A meeting of the State Authority shall ordinarily be held at Chandigarh. However, it may be held at such other place within the State, as may be directed by the Executive Chairman.

(3) Annual General Meeting of the State Authority shall be convened ordinarily in the month of April every year or in such other month as may be directed by the Executive Chairman. Besides other business annual statement of accounts, annual progress of performance report about the plans, programmes and schemes of the State Authority shall be placed before the State Authority for consideration and approval.

(4) A meeting of the State Authority shall be presided over by the Executive Chairman. In case, Patron-in-Chief is present in the meeting, then he shall preside over the meeting.

(5) The quorum for a meeting shall be five members including the Chairman.

(6) For every meeting of the State Authority, at least two weeks' notice shall be given to the Members to attend the meeting. However, an emergent meeting may be convened by the Member Secretary in accordance with the direction of the Executive Chairman on short notice.

(7) The State Authority may regulate its own procedure.

(8) One or more persons, who are engaged or interested in the upliftment of the weaker section of the society, who are considered suitable by the Executive Chairman, may be invited for any meeting in order to seek their views,

47

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

cooperation and help. Such person shall have no right to vote at such meeting.

(9) All matters requiring confirmation from the State Authority under the Act or the Rules, shall be placed and all policy matters shall be placed or any specific matter as may be directed by the Executive Chairman shall be placed before the State Authority for consideration and decision.

(10) All the decisions of the State Authority shall be taken by majority of the members present and voting and in case of tie, the person presiding over the meeting shall have a second or casting vote; Provided that in such matters as may be directed by the Executive Chairman of the State Authority, the decision of the State Authority may be taken by circulation.

(11) It shall be the duty of the Member Secretary to record or cause to be recorded the minutes of the meeting in the register to be maintained for the purpose.

(12) The non-official Members shall be entitled to payment of travelling allowance and daily allowance in respect of the journeys performed in connection with the work of the State Authority at the rates admissible to a Class-I officer of the State Government.

Powers of 6. (1) Executive Chairman shall be competent to take all decisions as Executive

Chairman may be required on behalf of the State Authority.

(2) Legal Aid, Legal Advice or other legal services may be provided by the Executive Chairman to any person directly in respect of any matter before any court in Haryana.

(3) Executive Chairman may review the cases where legal services have been refused by the District Authority and Sub-Divisional Legal Services Committee.

Funds of the 7. Funds of the State Authority shall comprise of State Legal Aid fund as per State Authority

Section 16(1) of the Act and shall further be:--

(1) All such amounts as received by way of costs, charges and expenses recovered from the persons to whom legal service is provided or the opposite party.

(2) All the amounts credited to the State Legal Aid Fund shall be deposited in a Nationalized Bank.

Explanation:-- In this Sub-regulation "Nationalized Bank" means corresponding new Bank as defined in the Bank Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.

(3) For the purpose of meeting incidental minor charges, such as court fee, stamps and expenditure necessary for obtaining copies of documents and contingent expenditure etc., a permanent

48

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

advance of rupees three thousand shall be placed at the disposal of the Member Secretary of the State Authority.

(4) All expenditure necessary for carrying out the various functions of the State Authority including expenses required for meetings shall be incurred out of the funds of the State Authority with the approval of the Member Secretary of the State Authority; (i)²Expenditure on wages/salary of the employees appointed on DC rates/Contractual basis in the Administrative Office of HALSA, District Legal Services Authorities, Sub Divisional Legal Services Committee, Permanent Lok Adalats (Public Utility Services) and Mediation & Conciliation Centres.

(i) Expenditure pertaining to Legal Aid Schemes launched by National Legal Services Authority/Haryana State Legal Services Authority as well as the expenditure auxiliary for the implementation of Legal Aid Programmes.

(ii) Expenditure on acquiring any other infrastructural item required for the smooth functioning of State Authority, District legal Services Authorities , Sub Divisional Legal Services Committees, Permanent Lok Adalats (Public Utility Services), Mediation & Conciliation Centres and expenditure on other Administrative purposes, subject to prior approval of Executive Chairman/Member Secretary of State Legal Services Authority (as the case may be).

(iii) For meeting day to day office expenditure i.e., electricity bills, water bills, telephone bills etc. of newly constructed Administrative building of State Authority as well as ADR Centres in the State of Haryana.

(iv) Any other expenditure with the prior approval of Hon'ble Executive Chairman/Member Secretary of HALSA as the case may be;

(5) The Member Secretary shall have the accounts and other relevant records of the receipts and expenditure to be maintained properly in accordance with the rules and directions of the Central/State Government and Comptroller and Auditor General of India for the removal of doubts, it is clarified that the expenditure referred to in this sub-regulation includes the following expenses:-

Provided however, the expenditure shall be incurred for the above said purposes only in cases the funds are not provided by the NALSA, State Government or any other agency.

Provided that for an expense of more than

49

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

Rs.1,00,000³, approval of the Executive Chairman shall be taken.

CHAPTER IV

DISTRICT LEGAL SERVICES AUTHORITY

Other functions 8. The District Authority, besides functions specified in section 10 of the District shall perform the following functions, namely:-- Authority

(1) give legal service within the District to persons who satisfy the criteria under the Act:

Provided that District Authority may assign the functions of providing legal services to Sub-Divisional Legal Services Committees within their respective jurisdictions within the District;

(2) conduct legal literacy camps in different parts of the District with a view to transmitting knowledge about the legal aid schemes conducted in the State or with a view to spreading consciousness about the legal rights and duties of citizens with special references to rural population, women, children, disabled, handicapped and the weaker sections of the society;

(3) administer and implement the legal services programme in so far as it relates to the courts within the District and for this purpose, take all such steps as may be necessary and to act in accordance with the directions issued by the Central Authority or the State Authority from time to time;

(4) conduct legal aid clinics in different parts of the District in collaboration with Law Colleges, Universities and other social service organizations;

(5) supervise, direct and guide the working of the Sub-Divisional Committees in the district;

(6) call for, from the Sub-Divisional Committees in the District such periodical reports, returns and other statistics or information as it may think fit, or as are required by the State Authority;

(7) prepare and submit returns, reports and statistic information in regards to the legal services programme to the State Authority. Terms and other 9. Terms of office and other conditions relating thereto of the members of the conditions of

members of the District Authority:--

District Authority

1. The term of the office of a member of the District Authority, other than ex-officio member, shall be two years and they shall be

50

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

eligible for re-nomination;

2. A member of the District Authority nominated under clause (b) of rule 13 may be removed by the State Government, if—

(a) he fails, without sufficient cause, to attend three consecutive meetings of the District Authority or five meetings held within the span of two years; or

(b) has been adjudged as insolvent; or

(c) has been convicted of an offence which in the opinion of the State Authority involves moral turpitude; or

(d) has become physically or mentally incapable of acting as a member; or

(e) has not abused his position as to render his continuance in the District Authority pre-judicial to the public interest.

3. Notwithstanding anything contained in sub rule (2), no member shall be removed from the District Authority on the grounds specified therein without consultation with the Chief Justice.

4. A member may, by writing under his hand addressed to the Chairman, resign from the District Authority and such resignation, shall take effect on the expiry of a period of 30 days from the date of tendering resignation.

5. If any nominated member ceases to be member of the District Authority for any reason, the vacancy shall be filled up in the manner and from the source from which the same was originally filled under clause (4) of rule 15.

6. All nominated members shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the meetings of the District Authority and shall be paid by the District Authority in accordance with the rules as are applicable to the Class I officers of the Haryana Government as amended from time to time.

7. The ex-officio members shall be entitled to travelling allowance and daily allowance from his parent department.

10. Powers & Functions of the Chairman of the District Authority

1. The Chairman of the District Authority shall be in overall in- charge of administration and implementation of the programme of the State Authority and that of the District Authority.

2. The Chairman shall call meetings of the District Authority convened through the Secretary of the District Authority at least once in a

51

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

period of three months.

3. The Chairman shall preside over the meeting of the District Authority.

4. The Chairman shall have all the residuary powers of the Authority.

11. Secretary of the District Authority

(1) The Secretary appointed under sub-section (3) of Section 9 of the Act shall be the Principal Officer of the District Authority. He shall be paid Rs. 500/- as honorarium or at such rate as may be determined by the Executive Chairman of the State Authority and he shall be the custodian of all assets, accounts, records and funds at the disposal of the District Authority, and all other necessary records.

"Note⁴ 1. In exercise of the powers conferred under Regulation 11(1) of the Haryana State Legal Services Authority (Transaction of Business and Other Provisions) Regulations, 1998 the Hon'ble Executive Chairman of this Authority has been pleased to revise the rates of honorarium payable to the Secretary, District Legal Services Authority, appointed under sub section (3) of Section 9 of the Legal Services Authorities Act, 1987 from Rs.500/- to Rs.1500/- per month with effect from 1.9.2008."

(2) The Secretary shall maintain or cause to be maintained true and proper accounts of receipts and disbursement of the funds of the District Authority.

(3) The Secretary shall convene meetings of the District Authority with the previous approval of the Chairman of the District Authority and shall also attend meetings and shall be responsible for maintaining a record of the minutes of the proceedings of the meeting.

12. Meeting of the District Authority

(1) The District Authority shall meet at least once in three months on such dates and at such place as the Chairman of the District Authority may direct.

(2) A meeting of the District Authority shall be presided over by the Chairman.

(3) The minute shall, as soon as may be, after the meeting, be forwarded to the State Authority.

(4) The quorum for the meeting shall be three including the Chairman.

52

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

(5) All questions which come up before any meeting of the District Authority shall be decided by the majority of votes of the members present and voting and in case of a tie, the Chairman shall also have casting vote.

Provided that in such matters as may be directed by the Chairman of the District Authority, the decision of the District Authority may be taken by circulation.

(6) All matters requiring confirmation from the District Authority under the Act or the Rules, shall be placed before the said Authority from time to time.

13. Funds of the District Authority shall comprise of District Legal Aid Fund as per section 17(1) of the Act and shall further be:--

(1) All such amounts as received by way of costs, charges and expenses recovered from the persons to whom legal service is provided or the opposite party.

(2) All the amounts credited to the State Legal Aid Fund shall be deposited in a Nationalized Bank.

Explanation:-- In this Sub-regulation "Nationalized Bank" means corresponding new Bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.

(3) All expenditure necessary for carrying out the various functions of the District Authority or Sub-Divisional Legal Services Committee including expenditure necessary for meetings shall be incurred out of the funds of the District Authority with the approval of the Chairman of the District Authority.

(4) The funds of the District Authority may be utilized for meeting the expenses incurred on or incidental to journeys undertaken by the Chairman or other Members of the District Authority or the Secretary in connection with Legal Services activities. The travelling allowance and daily allowance payable to the Chairman, the Ex-officio Members and the Secretary shall be such as to which they are entitled by virtue of their respective office held.

(5) The Secretary shall operate the Bank Accounts of the District Authority in accordance with the directions of the Chairman.

(6) The District Authority shall cause to be kept and maintained true and correct accounts of all receipts and disbursements and furnish quarterly returns to the State Authority.

53

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

"(7)⁵For the purpose of meeting incidental minor charges such as court fee, stamps and expenditure necessary for obtaining copies of documents etc., a permanent advance of Rs.2,000/- may be placed at the disposal of the Secretary, District Legal Services Authority out of the District Legal Aid Fund."

CHAPTER IV

SUB-DIVISIONAL LEGAL SERVICES COMMITTEE

Terms and other 14. The term of the office and other conditions relating thereto of the members conditions of

members of Sub- of the Sub-Divisional Committee.

Divisional

Committee.

(1) The term of the office of a Member of the Sub-Divisional Committee, other than ex-officio members shall be two years and they shall be eligible for re-nomination;

(2) A member of the Sub-Divisional Committee nominated under clause (b) of rule 18, may be removed by the State Govt. if -

(a) he fails, without sufficient cause to attend three consecutive meetings of the Sub-Divisional Committee or five meetings held within the span of two years; or

(b) has been adjudged as insolvent; or

(c) has been convicted of an offence which in the opinion of the Sub-Divisional Committee involves moral turpitude; or

(d) has become physically or mentally incapable of acting as a member; or

(e) has so abused his position as to render his continuance in the Sub-Divisional Committee prejudicial to the public interest.

(3) Notwithstanding anything contained in sub-rule (2) no member shall be removed from the Sub-Divisional Committee on the grounds specified therein without consultation with C h i e f Justice.

(4) A member may, by writing under his hand addressed to the Chairman, resign from the Sub-Divisional Committee and such resignation shall take effect on the expiry of a period of 30 days from the date of tendering resignation.

(5) If any nominated member ceases to be member of the Sub- Divisional Committee for any reason, the vacancy shall be filled up in the manner and from the source from which the same was originally filled under clause (4) of rule 18.

54

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

(6) All nominated members shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the meetings of the Sub- Divisional Committee and shall be paid by the District Authority in accordance with the rules as are applicable to the Class I officers of the Haryana Government as amended from time to time.

(7) The ex-officio members shall be entitled to travelling allowance and daily allowance either from his parent department, or as the case may be, from the District Authority.

15. Additional functions of the Sub-Divisional Committee

In addition to the functions assigned to it under the Act and Rules, the Sub- Divisional Committee shall perform such other functions and discharge such other duties as the District Authority or the State Authority may entrust to it from time to time.

16. Meetings of Sub-Divisional Committee:

(1) The Sub-Divisional Legal Services Committee shall ordinarily meet once in two months on such date, at such place, as the Chairman may decide.

(2) The Chairman and in the absence of the Chairman, next senior most Civil Judge shall preside at the meeting of the Sub- Divisional Legal Services Committee.

(3) The minutes of the proceedings of each meeting shall be maintained by the Chairman or any other person authorized by him and shall, as soon as may be, sent to the District Authority and the State Authority.

(4) The quorum for the meeting shall be three including the Chairman.

(5) All questions at the meeting of the Sub-Divisional Legal Services Committee shall be decided by a majority of the members present and voting and in case of a tie, the person presiding shall have second or casting vote:

Provided that in such matters as may be directed by the Chairman of the Sub-Divisional Legal Services Committee, the decision of the said Committee may be taken by circulation.

(6) All matters requiring confirmation from the Sub-Divisional Legal Services Committee by virtue of the Act or Rules shall be placed before the said Committee from time to time.

17. Funds of the Sub-Divisional Legal Services Committee:

(a) All the expenses of the Sub-Divisional Legal Services Committee, for performing its functions, shall be met out of

55

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

District Legal Aid Fund.

(b) For the purpose of meeting incidental minor charges, such as court fee, stamps and expenditure necessary for obtaining copies of documents etc. a permanent advance of rupees one thousand may be placed at the disposal of the Chairman of the Sub-Divisional Legal Services Committee by the District Authority from District Legal Aid Fund.

CHAPTER V

LOK ADALAT

18. Procedure for organizing Lok Adalat

(1) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, shall convene and organize Lok Adalats at regular intervals or on such dates, as may be directed by the State Authority:

Provided that in order to coordinate the holdings of Lok Adalats, Member Secretary of the Authority may, with the approval of the Executive Chairman, prepare a quarterly roster for holding Lok Adalats at different District and Sub-Division Head-quarters and circulate the same to different Authorities.

(2) Intimation to the State Authority.

The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee as the case may be, shall inform the State Authority about the proposal to organize the Lok Adalat well before the date on which the Lok Adalat is proposed to be organized.

19. Notice to the parties concerned.

The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, convening and organizing the Lok Adalat shall inform every litigant and his counsel, whose case is referred to the Lok Adalat, well in time so as to afford him, an opportunity to prepare himself for the Lok Adalat.

20. Composition of the Lok Adalat:

(1) At District Level: The Secretary of the District Authority organizing the Lok Adalat shall with the approval of the Chairman constitute Benches of the Lok Adalats , each bench comprising two or three of the following:--

(i) A sitting or retired Judicial Officer;

(ii) A member of the legal profession; and

56

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

(iii) Any other eminent person in the field of law, medicine or a social worker.

(2) At Sub-Divisional Level : The Chairman of the Sub-Divisional Legal Services Committee organizing the Lok Adalat shall constitute Benches of the Lok Adalat, each Bench comprising two or three of the following :-

(i) A sitting or retired Judicial Officer;

(ii) A member of the legal profession; and

(iii) A social worker, Medical practitioner or para legal of the area

21. Summoning of Records and the responsibility for its safe custody:

(1) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, may call for the judicial records of those pending cases which are referred to the Lok Adalat under Section 20 of the Act from the concerned Courts.

(2) If any matter is referred to the Lok Adalat on the pre-litigation stage, the version of each party shall be obtained by the Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, to be placed before the Lok Adalat.

(3) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committees, as the case may be, shall be responsible for the safe custody of the records from the time he receives them from the court till these are returned.

(4) Each Judicial Authority to cooperate in transmission of the Court records.

(5) The judicial records shall be returned immediately after holding the Lok Adalat, irrespective of whether or not the case is settled by the Lok Adalat with an endorsement about the result of the proceedings.

22. Functioning of the Lok Adalat:

(1) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, shall assign cases to the benches of the Lok Adalat after obtaining orders from the Chairman, as the case may be.

(2) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, may prepare a cause list for each bench of the Lok Adalat and the same shall be duly notified to all concerned.

57

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

(3) Every Bench of the Lok Adalat shall make sincere efforts to bring about a conciliatory settlement in every case put before it without any duress threat or undue influence, allurement or misrepresentation.

(4) In case any Bench of the Lok Adalat cannot take up, hear or dispose of any case/cases on that day, it may be in its discretion to take up such case/cases on the next day or on any such subsequent day as may be convenient, under intimation to the Secretary/Chairman of the Committee/Authority concerned. In that case, judicial record may be kept with permission of the Court concerned.

23. Holding of Lok Adalat:

Lok Adalat may be organised at such time and place, on closed Saturday, Sundays and holidays as the State Authority, District Authority, Sub-Divisional Legal Services Committee, as the case may be, organising the Lok Adalat deems appropriate.

24. Procedure for effecting compromise or settlement at Lok Adalat:

(1) Every Award or order of the Lok Adalat shall be signed by the panel constituting the Lok Adalat.

(2) The original Award shall form part of the judicial records and a copy of the Award shall be given to each of the parties duly certified to be true by the Secretary/Chairman of the Committee/Authority concerned, free of costs.

25. Award/Order to be categorical and lucid:

(1) Every Award or order of the Lok Adalat shall be categorical and lucid and shall be written in the language used in the local courts or English.

(2) The parties to the dispute shall be required to affix their signatures or thumb impression as the case may be on the statements/compromise recorded by or placed before the Lok Adalat.

(3) The Award of the Lok Adalat shall be based upon the statement of the parties to the compromise duly recorded by it.

26. Compilation of results:

At the conclusion of the sessions of the Lok Adalat, the Secretary of the District Authority or the Chairman of the Sub-Divisional Legal Services Committee, as the case may be, shall compile the results in the Annexed proforma for submission to the State Authority.

27. This regulation dealt with Remuneration of Permanent and Continuous Lok Adalat (Samjhuta Sadan) which is now discontinued.

58

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

28. Procedure for maintaining record of cases referred under Section 20 of the Act or otherwise.

(1) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, shall maintain a Register wherein all the cases received by him by way of reference to the Lok Adalat shall be entered giving particulars of the :-

(i) Date of receipt;

(ii) Category and subject wise nature of the case;

(iii) Such other particulars as may be deemed necessary; and

(iv) Date of settlement and return of the case file;

(2) When the case is finally disposed off by the Lok Adalat an appropriate entry will be made in the register.

29. Budget:

The expenditure for Lok Adalats organized by the District Authority or Sub- Divisional Legal Services Committee, shall be met out of District Legal Aid Fund. State Authority, may also make grants out of the State Legal Aid Fund to the District Authorities for this object.

30. Maintenance of Accounts:

(1) The Chairman of the Authority or the Sub-Divisional Legal Services Committee, as the case may be, shall exercise complete and full control over the expenditure to be incurred on the Lok Adalats.

(2) The Secretary of the District Authority, as the case may be, shall render true and proper accounts to the State Authority every quarter.

(3) The Chairman of the Sub-Divisional Legal Services Committee shall render true and proper accounts to the District Authority every month.

(4) After the Lok Adalat is organized, the Secretary of the District Authority or Chairman of the Sub-Divisional Legal Services Committee, shall forward the report in the following proforma prescribed for Disposal of Cases in Lok Adalats:

59

The Haryana State Legal Services Authority (Transaction of Business & Other Provisions) Regulations, 1998

FOR DISPOSAL IN NATIONAL LOK ADALAT HELD ON _____

(for the cases relating to __________)

Name of the State Authority ____________

Total No. of National Lok Adalats Benches Constituted _____ Pre-Litigation Cases Pending Cases Total

Subject Taken Disposed Settlement Taken Disposed Settlement Taken Disposed Settlement up of amount up of amount up of amount

31. Since one High Court Legal Services Committee under Section 8-A for the States of Punjab, Haryana and the Union Territory of Chandigarh, has been constituted, the Lok Adalats in the High Court shall be conducted in the manner as may be evolved by the Executive Chairman of the State Authorities of Punjab, Haryana, Union Territory of Chandigarh and Chairman of the High Court Legal Services Committee.

32. (1) The appearance of lawyers on behalf of the parties at the Lok Adalat shall not be refused.

(2) No fee shall be payable by the parties in respect of matters or cases brought before or referred to a Lok Adalat.

(3) The Secretary of the District Authority or the Chairman of the Sub- Divisional Legal Services Committee, as the case may be, shall provide all assistance as may be necessary to the Lok Adalats.

(4) Every Bench of the Lok Adalat may evolve its own procedure for conducting the proceedings before it and shall not be bound by either the Civil Procedure Code or the Evidence Act or the Code of Criminal Procedure subject, however, to the principles of natural justice.

CHAPTER-VI

MISCELLANEOUS

33. Miscellaneous:

All notifications, regulations and orders made by the State Government will be valid unless they are inconsistent with Act, Rules made thereunder and these regulations.

34. Interpretation:

If any question arises as to the interpretation of these regulations, the decision of the Executive Chairman of the State Authority shall be final.

60

The Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003

THE PERMANENT LOK ADALAT (OTHER TERMS AND CONDITIONS OF

APPOINTMENT OF CHAIRMAN AND OTHER PERSONS) RULES, 2003¹

G.S.R. 3 (E). - In exercise of the powers conferred by clause (la) of sub- section (2) of section 27 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central Government, in consultation with the Chief Justice of India, hereby makes the following rules, namely: -

1. Short title and commencement -

(1) These rules may be called the Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rule,

2003.

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

2. Definitions - In these rules, unless the context otherwise requires, -

(a) "Act" means the Legal Services Authorities Act, 1987 (39 of 1987);

(b) "Chairman" means a person appointed as Chairman of the Permanent Lok Adalat established by the Central Authority or a State Authority under sub-section (1) of section 22B of the Act;

(c) "other person" means a person nominated under clause (b) of sub- section (2) of section 22B;

(d) "Section" means a section of the Act;

(e) "Permanent Lok Adalat" means a Permanent Lok Adalat established under sub-section (1) of section 22B;

(f) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Sitting Fee and other allowances of Chairman and other persons of Permanent Lok Adalat - (1) When a serving judicial officer is appointed as Chairman, he shall receive the salary, allowances and other perquisites as are admissible to a serving judicial officer;

(2)²When a retired Judicial Officer is appointed as Chairman, he shall be entitled to a monthly fee of last drawn salary less the amount of pension received by him.

61

The Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003

(3)³Any other person shall be entitled to a sitting fee of Rupees two thousand per sitting.

(4) The Chairman and other person shall be entitled to such traveling and daily allowances on official tour as are admissible to Group 'A' officers of the Central Government.

(5)⁴For the purpose of attending the sittings of Permanent Lok Adalat, the Chairman and other person shall be entitled to conveyance allowance of rupees five thousand per month.

4. Terms and Conditions of Service of Chairman and other persons of Permanent Lok Adalat - (1) Before appointment, the Chairman and other person shall have to take an undertaking that he does not and will not have any such financial or other interest as is likely to affect prejudicially his functions as such Chairman or other person.

(2)⁵The Chairman and other persons shall hold office for a term of five years or till the age of sixty five years, whichever is earlier.

(3) Notwithstanding anything contained in sub rule (2), Chairman or other persons may—

(a) by writing under his hand and addressed to the Central Authority or, as the case may be, the State Authority, resign his office at any time;

(b) be removed from his office in accordance with the provisions of rule 5.

(4) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the senior-most (in order of appointment) person of Permanent Lok Adalat holding office for the time being shall discharge the functions of the Chairman until the day on which the Chairman resumes the charge of his functions.

(5) The Chairman or any other person ceasing to hold office as such shall not hold any appointment in, or be connected with, the management or administration of an organization which has been the subject of the proceeding under the Act during his tenure for a period of five years from the date on which he ceases to hold such office.

5. Resignation and removal - The Central Authority or State Authority, as the

62

The Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003

case may be, may remove from office, Chairman or other person who-

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Authority, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as such Chairman or other person; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as Chairman or Other person; or

(e) has or so abused his position as to render his continuance in office prejudicial to the public interest :

Provided that the Chairman or any other person shall not be removed from his office on the grounds specified in clauses (d) and (e), except on inquiry held in accordance with the procedure prescribed in rule 6.

6. Procedure for Inquiry - (1) Whenever the Central Authority or, as the case may be, State Authority is of the opinion that an allegation under clause

(d) or clause (e) of Rule 5 is required to be inquired into, it may hold an inquiry against the Chairman or other person and shall draw or cause to be drawn up the substance of the allegation which shall contain a statement of relevant facts and a list of documents and witnesses.

(2) The Central Authority or, as the case may be, State Authority shall deliver or cause to be delivered to the Chairman or other person a copy of the allegation and a list of documents and witnesses and shall require him to submit within such time as may be allowed, a written reply or statement of his defence.

(3) If the allegations are admitted by the Chairman or other person, the Central Authority or, as the case may be, State Authority shall record reasons and remove the Chairman or other person.

(4) Where the charges have been denied by the Chairman or the other person, the Central Authority or, as the case may be, State Authority may appoint an officer to inquire into the truth of the allegations and it may also appoint a Presenting Officer to present the case on behalf of the Central Authority or, as the case may be, State Authority before the Inquiry Officer.

(5) The Inquiry Officer shall give an opportunity to the Presenting Officer to present the case within such time as may be allowed by the Inquiry Officer from time to time. After the evidence is closed by the Presenting Officer, the Chairman or other person, as the case may be, shall be given an opportunity to present his defence in respect of allegations within such time as may be allowed by the Inquiry Officer.

63

The Permanent Lok Adalat (Other Terms and Conditions of Appointment of Chairman and Other Persons) Rules, 2003

(6) The Inquiry Officer shall have power to call witnesses and record their statements or receive evidence on affidavits or call for production of documents or other relevant records, which may be necessary for the inquiry.

(7) The Inquiry Officer shall submit his report within a period of six months or within such time as may be extended by the Central Authority or, as the case may be, State Authority.

(8) If the Central Authority or, as the case may be, State Authority is satisfied that the charges are proved on the basis of the report submitted by the Inquiry Officer, it shall remove the delinquent Chairman or other person, as the case may be.

7. Place of sittings - (1) The Permanent Lok Adalat may sit at a place specified by the Central Authority or the State Authority, as the case may be.

(2) The working days and office hours of the Permanent Lok Adalat shall be the same as that of the Central Government or the State Government, as the case may be.

(3) The sitting of the Permanent Lok Adalat, as and when necessary, shall be convened by the Chairman.

8. Staff of Permanent Lok Adalat - The Central Government or the State Government, as the case may be, shall provide such staff as may be necessary to assist the Permanent Lok Adalat in its day-to-day work and perform such other functions as are provided under the Act and these rules or assigned to it by the Chairman. The salary payable to such staff shall be defrayed out of the Consolidated Fund of India or the Consolidated Fund of the State, as the case may be.

***

64

Haryana Victim Compensation Scheme (2020)

Haryana Victim Compensation Scheme (2020)

HARYANA GOVERNMENT

ADMINISTRATION OF JUSTICE DEPARTMENT

Notification

The 1st June, 2020

No. S.O. 24/C.A. 2/1974/S. 357A/2020.— In exercise of the powers conferred by section 357-A of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Governor of Haryana in co-ordination with the Central Government, hereby frames the following schemes for providing funds for the purpose of compensation to the victim or his/her dependents who have suffered loss or injury as a result of the crime and who require rehabilitation, namely :-

Part-I

Short title and 1. (1) This scheme shall be called the Haryana Victim application

sexual Compensation Scheme, 2020. It shall apply to the victims except women victims/survivors of assault/other crimes.

Definitions 2. (1) In the scheme, unless the context otherwise requires,-

(a) "Act" means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);

(b) "crime" means illegal act or omission or commission or an offence committed against the human body of the victim;

(c) "dependents" means wife/husband, father, mother, unmarried daughter, minor children and includes other legal heir of the victim who, on providing sufficient proof, is found fully dependent on the victim by the District Legal Services Authority ;

(d) "family" means parents, children and includes all blood relations living in the same household;

(e) "Schedule" means Schedule appended to this scheme ;

(0 "State" means the State of Haryana ;

(g) "Victim" means victim as defined under the Act

65

Haryana Victim Compensation Scheme (2020) and also includes acid attack victim.

(2) Words and expressions used but not defined in this scheme, shall have the same meaning assigned to them in the Code of Criminal Procedure 1973 (Central Act 2 of 1974) and the Indian Penal Code 1860 (Central Act 45 of 1860). Victim 3. (1) There shall be constituted a fund namely victim Compensation

Fund compensation fund.

(2) The victim compensation fund shall consist ot,-

(a) budgetary allocation for which necessary provision shall be made in the annual budget by the State ;

(b) receipt of amount of fines imposed under section 357 of the Act and ordered to be deposited by the courts in the fund.

(c) amount of compensation recovered from the wrongdoer/accused under clause 7 of the Scheme.

(d) donations/contributions from international/ national/ Philanthropist/ charitable institution/ organization and individuals.

The Administration of Justice Department shall be Nodal Department for regulating, administering and monitoring this scheme.

The State Legal Services Authority shall be accountable for its functions under the scheme and for furnishing periodical returns of the sums distributed to them by the State Government through the Nodal Department.

The fund shall be operated by the Member Secretary, State Legal Services Authority.

4. (1) A victim shall be eligible for the grant of compensation where,

(a) A recommendation is made by the Court under sub-sections (2) and (3) of section 357-A of the Act, if no recommendation is made by the trial court, no compensation shall be granted by District Legal Services Authority except in the case when the offender is not traced out or identified ;

(b) the offender is not traced or identified, and where no trial takes place, such victim may also apply for grant of compensation under sub-section (4) of section 357-A of the Act;

66

Haryana Victim Compensation Scheme (2020)

(c) the victim/ claimant report the crime to the officer-in-charge of the police station or any senior police officer or Executive Magistrate or Judicial Magistrate of the area within 48 hours of the occurrence :

Provided that the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in reporting;

(d) the offender is traced or identified, and where trail has taken place, the victim/claimant has cooperated with the police and prosecution during the investigation and trial of the case ;

(e) where the offender is traced, the victim/claimant has co-operated during the investigation/trial and the offender dies before or after the commencement of trial, the victim may apply for grant of compensation.

(f) The income of the family should not exceed four lakh fifty thousand rupees per annum ;

(g) The crime on account of which the compensation which to be paid under this schemes should have been occurred within the jurisdiction of the State.

(2) The employees of the Central or the State Government, Boards, Corporations and Public Undertaking and income tax payees shall not be eligible under this scheme.

5. (1) Whenever a recommendation is made by the Court under sub-section (2) of section 357-A of the Act or an application is made by any victim or his dependent under sub-section (4) of section 357-A of the Act to the District Legal Services Authority, the District Legal Services Authority shall examine the case and verify the contents of the claim with regard to the loss or injury caused to victim and arising out of the reported criminal activity and may call for any other relevant information necessary in order to determine genuineness of the claim. After verifying the claim and by conducting due enquiry, the District Legal Services Authority shall award compensation within two months, in accordance with provisions of this scheme.

(2) Compensation under this scheme shall be paid subject to the condition that if the trial court while passing judgment at later date, orders the accused persons to pay any amount by way of compensation under sub-section (3) of section 357 of the Act, the victim/claimant shall remit an amount equal to the amount of compensation, or the amount ordered to be paid under the said sub-section (3) of section 357 of the Act, whichever is less. An undertaking to this effect shall be given by the victim/claimant before the disbursal of the compensation amount:

67

Haryana Victim Compensation Scheme (2020) Provided that the compensation payable under this Scheme shall be in addition to the payment of the fine to the victim under section 326-A of the Indian Panel Code, 1860 (Central Act 45 of 1860).

(3) The District Legal Services Authority shall decide the quantum of compensation to be awarded to the victim or his dependents on the basis of loss caused to the victim, medical expenses to be incurred on treatment, minimum sustenance amount required for rehabilitation including such incidental charges as funeral expenses etc. The compensation may vary from case to case depending on fact of each case.

(4) The quantum of compensation to be awarded to the victim or his dependents shall be as per Schedule-1.

(5) The amount of compensation decided, under the scheme shall be disbursed to the victim or his dependents, as the case may be, from the fund. While making payment of amount of compensation, the District Legal Services Authority shall ensure that all the provisions of this scheme are strictly complied with.

(6) Notwithstanding anything in this scheme, the Acid Attack Victim shall be paid an amount of Rs.l Lakh rupees within fifteen days of the occurrence of the incident and the balance amount of Rs. 2 Lakh rupees shall be paid as expeditiously as may be possible and positively within two months.

(7) The compensation determined to be paid to minor shall be deposited in the fixed deposit.

(8) Compensation received by the victim from the State in relation to the crime in question, namely, insurance, ex-gratia and/or payment received under any other Act or 'Rajiv Gandhi Pariwar Bima Yojna', or any other State-run scheme, shall be considered as part of the compensation amount under this scheme. The victim/claimant who has received compensation amount from collateral sources mentioned above shall be deemed to be compensated under this scheme and shall not be entitled to separate compensation under this scheme. If the eligible compensation amount exceeds the payments received by the victim form collateral sources mentioned above, the balance amount shall be paid out of fund.

(9) The cases covered under Motor Vehicle Act, 1988 (Central Act 59 of 1988) wherein compensation is to be awarded by the Motor Accident Claims Tribunal, shall not be covered under the scheme.

(10) The District Legal Services Authority, to alleviate the suffering of the victim, may order for immediate first aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer-in-charge of the police station or Magistrate of the area concerned, or any other interim relief, as it may deem tit.

68

Haryana Victim Compensation Scheme (2020) Order to be placed 6. Copy of the order of compensation passed under this scheme shall be on record

mandatorily placed on record of the trial Court to enable the court to pass order of compensation under sub-section (3) of section 357 of the Act. Recovery of 7. The District Legal Services Authority, if deem it proper, may institute compensation

awarded to victim proceedings before the competent court of law for recovery of the from wrongdoer/ compensation granted to the victim or his/her dependent(s) from the person accused

responsible for causing loss or injury as a result of the crime committed by him.

Limitation 8. No claim made by the victim or his dependents under sub-section (4) of section 357-A of the Act shall be entertained after a period of six months of the crime or six months from closure of investigation, whichever is later ?

Provided that the District Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filling the claim. Appeal 9. Any victim aggrieved of the denial of compensation by the District Legal Services

Authority may file an appeal before the State Legal Services Authority within a period of ninety days :

Provided that the State Legal Services Authority, if satisfied, for the reasons to be recorded in writing, may condone the delay in filling the appeal.

10. The Haryana Victim Compensation Scheme, 2013 is hereby repealed:

Provided that any order made or action taken under the scheme so repealed shall be deemed to have been made or taken under the corresponding provisions of this scheme.

Schedule-I {See clause 5(4)}

69

Haryana Victim Compensation Scheme (2020)

9. Victims of cross border firing : ` 2 lakhs/` 1 lakh

(a) Death or Permanent Disability (80% or more)

(b) Partial Disability (40% to 80%)

Note : If the victim is less than fourteen years of age, the compensation shall be increased by 50% over the amount specified above.

Part-II

Short title and l. (l) This scheme shall be called the Haryana Compensation Commencement

and application. Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2020. and application.

(2) It shall be deemed to have come into force with effect from the date of publication of the notification.

(3) It shall apply to the victims and their dependent(s) who have suffered loss, injury, as the case may be, as a result of the offence committed and who require rehabilitation.

Definitions. 2. (1) In the scheme, unless the context otherwise requires:—

(a) "Code" means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);

(c) "dependent" includes husband, father, mother, grandparents, unmarried daughter and minor children of the victim as determined by the State Legal Services Authority or District Legal Services Authority on the basis of the report of the Sub- Divisional Magistrate of the concerned area/ Station House Officer/Investigating Officer or on the basis of material placed on record by the dependents by way of affidavit or on its own enquiry ;

(d) "District Legal Services Authority" means the District Legal Services Authority (DLSA)constituted under section 9 of the Legal Services Authorities Act, 1987(Central Act 39 of 1987);

(e) "Form" means form appended to the scheme ;

(f) "Fund' means State fund" i.e. victim compensation fund constituted under the State Victim Compensation Scheme;

(b) "Central Fund" means funds received from Central Victim Compensation

Fund Scheme, 2015;

(0) "Women Victim Compensation Fund" means a fund

70

Haryana Victim Compensation Scheme (2020) segregated for disbursement for women victim, out of State Victim Compensation Fund and Central Fund. [Within the State Victim Compensation Fund, a separate Bank Account shall be maintained as a portion of that larger fund which shall contain the funds contributed under Central Victim Compensation Fund Scheme by MHA, Government of India contributed from Nirbhaya Fund apart from funds received from the State Victim Compensation Fund which shall be utilised only for victims covered under this Chapter].

(g) "Government" means 'State Government' wherever the State Victim Compensation Scheme or the State Victim Compensation Fund is in context and 'Central Government' wherever Central Government Victim Compensation Fund Scheme is in context and includes UTs;

(h) "injury" means any harm caused to body or mind of a female

(i) "Minor" means a girl child who has not completed the age of eighteen years;

(j) "offence" means offence committed against women punishable under Indian Panel Code 1860 (Central Act 45 of 1860) or any other law ;

(k) "Penal Code" means Indian Penal Code, 1860 (Central Act 45 of 1860);

(1) "Schedule" means Schedule appends to this scheme ;

(m) "State Legal Services Authority" means the State Legal Services Authority(SLSA), as defined in section 6 of the Legal Services Authorities Act, 1987 (Central Act 39 of 1987);

(n) "Sexual Assault Victims" means female who has suffered mental or physical injury or both as a result of sexual offence including sections 354 (A) to 354 (D), section 376 (A) to 376

(E) and section 509 of the Penal Code;

(p) "Woman Victim/ survivor of other crime" means a woman who has suffered physical or mental injury as a result of any offence mentioned in the attached Schedule including sections

304 B, Section 326A, section 498A of the Penal Code (in case of physical injury of the nature specified in the schedule) including the attempts and abetment;

71

Haryana Victim Compensation Scheme (2020)

(2) Words and expressions used but not defined in this scheme shall have the same meaning as assigned to them in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the Indian Penal Code, 1860 (Central Act 45 of 1860).

3. (1) There shall be a fund namely the Women Victims Compensation Fund from which the amount of compensation, as decided by the State Legal Services Authority or District Legal Services Authority shall be paid to the women victim or her dependent(s) who have suffered loss or injury as a result of an offence and who require rehabilitation.

(2) The Women Victims Compensation Fund shall comprise the following :-

(a) contribution received from Central Victim Compensation Fund Scheme, 2015.

(b) budgetary allocation in the shape of Grants-in-aid to State Legal Services Authority for which necessary provision shall be made in the Annual Budget by the Government;

(c) any cost amount ordered by Civil/Criminal Tribunal to be deposited in this fund.

(d) amount of compensation recovered from the wrongdoer/accused under clause 4 of the scheme;

(e) Donations/contributions from International/ National/ Philanthropist/ Charitable Institutions/ Organizations and individuals permitted by the State or the Central Government.

(f) Contributions from companies under Corporate Social Responsibility.

(3) The said fund shall be operated by the State Legal Services Authority.

4. A woman victim or her dependent (s) as the case may be, shall be eligible for grant of compensation from multiple schemes applicable to her. However, the compensation received by her in the other schemes with regard to section 357-B of the Code shall be taken into account while deciding the quantum in the such subsequent application.

5. Mandatory Reporting of FIRs: - SHO/SP/DCP shall mandatorily share soft/hard copy of FIR immediately after its registration with State Legal Services Authority/District Legal Services Authority qua commission of offences covered in this scheme which include sections 326A, 354A to 354D, 376A to 376E, 304B, 498A of the Penal Code (in case of physical injury covered in this Schedule), so that the State Legal Services Authority or District Legal Services

72

Haryana Victim Compensation Scheme (2020) Authority can, in deserving cases, may suo-moto initiate preliminary verification of facts for the purpose of grant of interim compensation. An application for the award of interim/ final compensation can be filed by the victim and/or her dependents or the SHO of the area before concerned State Legal Services Authority or District Legal Services Authority. It shall be submitted in Form T along with a copy of the First Information Report (FIR) or criminal complaint of which cognizance is taken by the Court and if available Medical Report, Death Certificate, wherever applicable, copy of judgment/ recommendation of court if the trial is over.

6. The application/recommendation for compensation can be moved either before the State Legal Services Authority or the concerned District Legal Services Authority or it can be filed online on a portal which shall be created by all State Legal Services Authorities. The Secretary of the respective District Legal Services Authority shall decide the application/ recommendation moved before him/her as per the scheme.

Explanation: In case of acid attack victim the deciding authority shall be Criminal Injury Compensation Board as directed by Hon'ble Supreme Court in Laxmi vs. Union of India W.P.CRML 129/2006 order dated the 10th April, 2015 which includes Ld. District and Sessions Judge, DM, SP, Civil Surgeon/CMO of the district.

7. The State Legal Services Authority or District Legal Services Authority may award compensation to the victim or her dependents to the extent as specified in the Scheduled.

Factors to be 8. While deciding a matter, the State Legal Services Authority or District considered while

awarding Legal Services Authority may take into consideration the following compensation. factors relating to the loss or injury suffered by the victim ,-

(i) gravity of the offence and severity of mental or physical harm or injury suffered by the victim ;

(ii) expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental health including counselling of the victim, funeral, travelling during investigation/ inquiry/ trial (other than diet money);

(iii) loss of educational opportunity as a consequence of the offence, including absence from school/college due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason ;

(iv) loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the

73

Haryana Victim Compensation Scheme (2020) offence, or any other reason ;

(v) the relationship of the victim to the offender, if any ;

(vi) whether the abuse was a single isolated incidence or whether the abuse took place over a period of time ;

(vii) whether victim became pregnant as a result of the offence, whether she had to undergo Medical Termination of Pregnancy (MTP)/ give birth to a child, including rehabilitation needs of such child ;

(viii) whether the victim contracted a sexually transmitted disease (STD) as a result of the offence;

(ix) whether the victim contracted human immunodeficiency virus (HIV) as a result of the offence;

(x) any disability suffered by the victim as a result of the offence ;

(xi) financial condition of the victim against whom the offence has been committed so as to determine her need for rehabilitation and re-integration needs of the victim ;

(xii) in case of death, the age of deceased, her monthly income, number of dependents, life expectancy, future promotional/growth prospects etc ;

(xiii) any other factor which the State Legal Services Authority or District Legal Services Authority may consider just and sufficient.

9. (1) Wherever, a recommendation is made by the court for compensation under sub sections (2) and/or (3) of section 357A of the Code, or an application is made by any victim or her dependent(s), under sub-section (4) of section 357A of the Code, to the State Legal Services Authority or District Legal Services Authority, for interim compensation it shall prima-facie satisfy itself qua compensation needs and identity of the victim. As regards the final compensation, it shall examine the case and verify the contents of the claim with respect to the loss/injury and rehabilitation needs as a result of the crime and may also call for any other relevant information necessary for deciding the claim:

Provided that in deserving cases and in all acid attack cases, at any time after commission of the offence, Secretary, State Legal Services Authority or Secretary, District Legal Services Authority may sua moto or after preliminary verification of the facts proceed to grant interim relief as may be required in the circumstances of each case.

74

Haryana Victim Compensation Scheme (2020)

(2) The inquiry as contemplated under sub-section (5) of section 357A of the Code, shall be completed expeditiously and the period in no case shall exceed beyond sixty days from the receipt of the claim/petition or recommendation :

Provided that in cases of acid attack an amount of One lakh rupees shall be paid to the victim within fifteen days of the matter being brought to the notice of District Legal Services Authority. The order granting interim compensation shall be passed by District Legal Services Authority within seven days of the matter being brought to its notice and the State Legal Services Authority shall pay the compensation within eight days of passing of the order. Thereafter, an amount of Two lakhs rupees shall be paid to the victim as expeditiously as possible and positively within two months of the first payment:

Provided further that the victim may also be paid such further amount as is admissible under this scheme.

(3) After consideration of the matter, the State Legal Services Authority or District Legal Services Authority, as the case may be, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or her dependent(s) taking into account the factors enumerated in clause 8 and Schedule-I. However, in deserving cases, for reasons to be recorded, the upper limit may be exceeded:

Provided, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the Schedule-I.

(4) The quantum of compensation to be awarded to the victim or his dependents shall be as per Schedule-I.

* Victims of acid attack are also entitled to additional compensation ofRs. 1 lakh rupees under Prime Minister's National Relief Fund vide memorandum no.

24013/94/Misc./20I4-CSR-IIl/GoI/MHA dated the 9"' November,

2016.

* Victims of acid attack are also entitled to additional special financial assistance up to five Lakh rupees who need treatment expenses over and above the compensation paid by the respective State/VTs in terms of Central Victim Compensation Fund Guidelines-2016, no. 24013/94/Misc/2014-CSR.M,MHA/GoI.

(5) The State Legal Services Authority or District Legal Services Authority may

call for any record or take assistance from any Authority/Establishment/Individual/ Police/Court concerned or expert for smooth implementation of the Scheme.

75

Haryana Victim Compensation Scheme (2020)

(6) In case trial/appellate court gives findings that the criminal complaint and the allegation were false, then Legal Services Authority may initiate proceedings for recovery of compensation, if any, granted in part or full under this scheme, before the Trial Court for its recovery as if it were a fine.

10. Copy of the order of interim or final compensation passed under this scheme shall be placed on record of the Trial Court so as to enable the trial Court to pass an appropriate order of compensation under section 357 of the Code. A true copy of the order shall be provided to the 10 in case the matter is pending investigation and also to the victim/dependent as the case may be.

11. (1) The amount of compensation so awarded shall be disbursed by the State Legal Services Authority by depositing the same in a Bank in the joint or single name of the victim/dependent(s). In case the victim does not have any bank account, the District Legal Services Authority concern would facilitate opening of a bank account in the name of the victim and in case the victim is a minor along with a guardian or in case, minor is in a child care institution, the bank account shall be opened with the superintendent of the institution as guardian. However, in case the victim is a foreign national or a refugee, the compensation can be disbursed by way of cash cards. Interim amount shall be disbursed in full. However, as far as the final compensation amount is concerned, 75% (seventy five percent) of the same shall be put in a fixed deposit for a minimum period of three years and the remaining 25% (twenty five percent) shall be available for utilization and initial expenses by the victim/dependent(s), as the case may be.

(2) In the case of a minor, 80% of the amount of compensation so awarded, shall be deposited in the fixed deposit account and shall be drawn only on attainment of the age of majority, but not before three years of the deposit:

Provided that in exceptional cases, amounts may be withdrawn for educational or medical or other pressing and urgent needs of the beneficiary at the discretion of the State Legal Services Authority or District Legal Services Authority.

(3) The interest on the sum, if lying in Fixed Deposit Receipt form, shall be credited directly by the bank in the savings account of the victim/dependent(s), on monthly basis which can be withdrawn by the beneficiary.

12. The State Legal Services Authority or District Legal Services Authority, as the case may be, may order for immediate first-aid facility or medical benefits to be made available free of cost or any other interim relief (including interim monetary compensation) as deemed appropriate, to alleviate the suffering of the victim on the certificate of a police officer, not below the rank of the officer-in-charge of the police station, or a Magistrate of the area concerned or on the application of the victim/ dependents or suo moto : Order to be placed on record.

76

Haryana Victim Compensation Scheme (2020) Provided that as soon as the application for compensation is received by the State Legal Services Authority or District Legal Services Authority, a sum of five thousands rupees or as the case wanants up to ten thousands rupees shall be immediately disbursed to the victim through preloaded cash card from a Nationalised Bank by the Secretary, District Legal Services Authority or Member Secretary, State Legal Services Authority :

Provided further that the interim relief so granted shall not be less than twenty five percent of the maximum compensation awardable as per Schedule-I, which shall be paid to the victim in totality :

Provided further that in cases of acid attack a sum of One lakh rupees shall be paid to the victim within fifteen days of the matter being brought to the notice of State Legal Services Authority or District Legal Services Authority. The order granting interim compensation shall be passed by the State Legal Services Authority or District Legal Services Authority within seven days of the matter being brought to its notice and the State Legal Services Authority shall pay the compensation within eight days of passing of order. Thereafter an additional sum of two lakh rupees shall be awarded and paid to the victim as expeditioutfy as possible and positively within two months.

Recovery of 13. Subject to the provisions of sub-section (3) of section 357A of the compensation

awarded to Victim Code, the State Legal Services Authority, in proper cases, may institute or her proceedings before the competent court of law for recovery of the dependent(s)

compensation granted to the victim or her dependent(s) from person(s) responsible for causing loss or injury as a result of the crime committed by him/her. The amount, so recovered, shall be deposited in Woman Victim Compensation Fund.

Dependency 14. The authority empowered to issue the dependency certificate shall Certificate issue the same within a period of fifteen days and, in no case, this period shall be extended :

Provided that the State Legal Services Authority or District Legal Services Authority in case of non-issuance of Dependency Certificate, after expiry of fifteen days, may proceed on the basis of an affidavit to be obtained from the claimant.

Minor Victims 15. That in case the victim is an orphaned minor without any parent or legal guardian the immediate relief or the interim compensation shall be disbursed to the bank account of the child, opened under the guardianship of the superintendent, child care institutions where the child is lodged or in absence thereof, DDO/SDM, as the case may be.

Limitations. 16. Under the Scheme, no claim made by the victim or her dependent(s), under sub-section (4) of section 357A of the Code, shall be entertained after a period of three years from the date of occurrence of the offence or conclusion of the trial;

However, in deserving cases, on an application made in this regard,

77

Haryana Victim Compensation Scheme (2020) for reasons to be recorded, the delay beyond three years can be condoned by the State Legal Services Authorities or District Legal Services Authorities. Appeal. 17. In case the victim or his dependents are not satisfied with the quantum of compensation awarded by the Secretary, District Legal Services Authority, they can file appeal within thirty days from the date of receipt of order before the Chairperson, District Legal Services Authority ;

Provided that, delay in filing appeal may be condoned by the Appellate Authority, for reasons to be recorded, in deserving cases, on an application made in this regard.

Special 18. (1) In case this scheme is silent on any issue pertaining to Victim provisions.

Compensation to Women, the provisions of Victim Compensation Scheme of the State would be applicable.

(2) Nothing in this scheme shall prevent victims or their dependents from instituting any Civil Suit or Claim against the perpetrator of offence or any other person indirectly responsible for the same.

Explanation: It is clarified that this scheme does not apply to minor victims under the Protection of Children from Sexual Offences Act, 2012 (Central Act 12 of 2012) in so far as their compensation issues are to be dealt with only by the Ld. Special Courts under section 33 (8) of the Protection of Children from Sexual Offences Act, 2012 (Central Act 12 of 2012) and rule (7) of the Protection of Children from Sexual Offences Rules, 2012.

78

Haryana Victim Compensation Scheme (2020)

FORM -1 {See clause 5}

APPLICATION FOR THE AWARD OF COMPENSATION UNDER COMPENSATION

SCHEME FOR WOMEN VICTIMS/SURVIVORS OF SEXUAL ASSAULT/OTHER CRIMES,

2020 FOR INTERIM/ FINAL RELIEF FOR WOMEN

Signature of the Victim/Dependent.

79

Haryana Victim Compensation Scheme (2020)

Schedule -1 {See clause 9(4)}

rehabilitation

10 Loss of Foetus i.e. Miscarriage as a ` 2 Lakh ` 3 Lakh result of Assault or loss of fertility.

11 In case of pregnancy on account of ` 3 Lakh ` 4 Lakh 12 rape. Victims of Burning:

a. In case of disfigurement of case ` 7 Lakh ` 8 Lakh b. In case of more than 50% ` 5 Lakh ` 8 Lakh c. In case of injury less than 50% ` 3 Lakh ` 7 Lakh d. In case of less than 20% ` 2 Lakh ` 3 Lakh

13 Victims of Acid Attack- a. In case of disfigurement of face. ` 7 Lakh ` 8 Lakh b. In case of injury more than 50%. ` 5 Lakh ` 8 Lakh c. In case of injury less than 50%. ` 3 Lakh ` 5 Lakh d. In case of injury less than 20% ` 3 Lakh ` 4 Lakh Note: If a woman victim of sexual assault/acid attack is covered under one or more category of the schedule, she shall be entitled to be considered for combined value of the compensation.

VIJAY VARDHAN,

Additional Chief Secretary to Government Haryana,

Administration of Justice Department.

80

The High Court Legal Services Committee Regulations, 1998

VIII

THE HIGH COURT LEGAL SERVICES COMMITTEE

REGUALTIONS, 1998¹

In exercise of the powers conferred by Section 8A and 29-A of the Legal Services Authorities Act, 1987 (Act No. 39 of 1987) the Haryana State Legal Services Authority, Chandigarh hereby makes the following regulations:

CHAPTER 1

Preliminary

1. Short title extent and commencement - (1) These regulations may be called the High Court Legal Services Committee Regulations, 1998.

(2) They shall come into force with effect from the date of their publication in the official Gazette.

2. 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 have been provided in any form;

(c) "Chief Justice" means the Chief Justice of the High Court;

(d) "Chairman" means the Chairman of the High Court Legal Services Committee;

(e) "Committee" means the High Court Legal Services Committee;

(f) "Central Authority" means the National Legal Services Authority constituted under Section 3;

(g) "High Court" means the High Court of Punjab and Haryana at Chandigarh;

(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 on any legal matter;

(i) "Lok Adalat" means a Lok Adalat organized by the High Court under Chapter VI of the Act;

(j) "Member" means a member of the Committee;

81

The High Court Legal Services Committee Regulations, 1998

(k) "Rules" means the State Legal Services Authorities Rules;

(l) "Secretary" means the Secretary of the High Court Legal Services Committee;

(m) "Section" means a Section of the Act;

(n) "State Authority" means State Legal Services Authority constituted under Section 6.

CHAPTER II

3. Members of the High Court Legal Service Committee - (1) The Committee shall consist of the following ex-officio members;

(a) Advocate General, Punjab.

(b) Advocate General, Haryana.

(c) Chairman, Bar Council for the States of Punjab and Haryana.

(d) President, High Court Bar Association, Chandigarh. (e)²Home Secretary, Chandigarh Administration.

(2) The Chief Justice may nominate other members not exceeding five, 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,

(b) an eminent person in the field of law or public administration,

OR

(c) a person of repute who is specially 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.

82

The High Court Legal Services Committee Regulations, 1998

(2) A member nominated under sub-regulation (2) of regulation 3 may be removed by the Chief Justice, if he;

(a) fails without sufficient cause to attend three consecutive meetings of the Committee;

(b) has been adjudged as insolvent;

(c) has been convicted of an offence which in the opinion of the Chief Justice involves moral turpitude;

(d) has become physically or mentally incapable of acting as a member; or

(e) has, in the opinion of Chief Justice so abused his position as to render his continuance as member prejudicial to the public interest; Provided that no member shall be removed from the Committee under clauses (a), (d) or (e) without affording him an opportunity of being heard.

(3) A member may, by writing under his hand addressed to the Chairman, resign from the membership of the Committee and the resignation shall take effect from the date on which it is accepted by the Chairman.

(4) If any member nominated under sub-regulation (2) of the regulation 3 ceases to be a member for any reason, the vacancy shall be filled up in the manner provided in the regulations for the residue of the term of the person in whose place he is nominated.

(5) All non-official members nominated under sub-regulation (2) of regulation 3 shall be entitled to payment of such travelling allowance and daily allowance in respect of journeys performed in connection with the work of the Committee in accordance with the rules applicable to Class-I officers of the High Court.

5. Functions of the Committee -Subject to the general superintendence and control of the State Authority, the High Court Committees shall exercise the following powers and perform the following functions :-

(1) It shall be the duty of the Committee to give effect to such policies, programmes and schemes of the 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 or 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 or the rules for High Court cases;

(b) organize and conduct Lok Adalat for High Court cases; and

83

The High Court Legal Services Committee Regulations, 1998

(c) encourage settlement of cases by way of negotiations, arbitration and conciliation.

(d) perform such functions as may be delegated to it from time to time by the State Authority.

6. Secretary of the Committee - (1) The Secretary of the aforesaid Committee will be paid honorarium of Rs.1,000/- per month or such amount as may be fixed by the Chairman for the performance of the functions and discharge of the duties as Secretary.

(2) The Secretary of the Committee shall be the principle 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;

(c) 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.

(2) (a) All policy and other important matters shall be brought before the State Authority for consideration and decision;

(b) Any specific matter or matters as may be desired or required by the Committee, generally or otherwise, to be placed before it, shall be brought before the Committee for its consideration and decision;

(c) A meeting of the Committee shall be presided over by the Chairman.

(d) The quorum for a meeting shall be five members including the Chairman.

84

The High Court Legal Services Committee Regulations, 1998

(e) For every meeting of the Committee, at least two weeks notice shall be given to the members to attend the meeting; however an emergent meeting may be convened by the Secretary, in accordance with the directions of the Chairman, on short notice;

(f) In respect of emergent matters, the Chairman may exercise the powers and perform the functions and discharge the duties of the Committee. All such matters shall however be placed before the Committee for its information and approval.

(3) The Committee shall regulate its own procedure under the directions of the State Authority.

(4) All questions at the meetings of the Committee shall be decided by a majority of the members present and voting and in case of tie, the Chairman or the person presiding over the meeting, shall have a second or casting vote.

(5) The minutes of the proceedings of each meeting shall be truly and faithfully maintained by the Secretary. A copy of the minutes shall, as soon as may be after the meeting, be forwarded to the Member Secretaries of the State Authorities of Punjab, Haryana and Union Territory of Chandigarh.

8. Funds, Audit and Accounts of the Committee:

(1) The Committee shall maintain a Fund to be called the High Court Legal Services Committee Fund to which shall be credited:

(a) Such amount as may be allocated and granted to it by the State Authorities of Punjab, Haryana and Union Territory of Chandigarh as per the apportionment made by the Hon'ble Chief Justice in consultation with the Executive Chairmen of the State Authorities of Punjab, Haryana and Union Territory of Chandigarh.

(b) All such amounts as received by the Committee by way of donations; costs, charges and expenses recovered from the persons to whom legal service is provided or from the opposite party.

(2) All the amounts credited to the said Fund shall be deposited in a nationalized bank.

Explanation : In this sub-regulation "Nationalized Bank" means corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980.

85

The High Court Legal Services Committee Regulations, 1998

(3) For the purpose of meeting incidental minor charges, such as court fee, stamps and expenditure necessary for obtaining copies of documents etc., a permanent advance of Rupees two thousand five hundred shall be placed at the disposal of the Secretary of the Committee.

(4) All expenditure on legal service, accommodation and staff of the committee as also expenditure necessary for carrying out the various functions of the Committee shall be incurred out of the funds of the Committee with the prior approval of the Chairman.

(5) The funds of the Committee may be utilized for meeting the expenses incurred on or incidental to journeys undertaken by the Chairman or other members of the Committee or the Secretary in connection with legal services activities. The travelling allowance and dearness allowance payable to the Chairman, the ex-officio members and the Secretary shall be such to which they are entitled by virtue of their respective offices.

(6) The Secretary of the Committee shall operate the bank accounts of the Committee in accordance with the directions of the Chairman.

(7) The Committee shall maintain regular accounts of receipts and disbursement of income and expenditure and submit annual returns to State Authorities of Punjab, Haryana and Union Territory of Chandigarh. The account shall be subject to audit as per Section-18 of the Act.

9. Special provision regarding Legal Services - (1) There being one High Court for the States of Punjab, Haryana and Union Territory of Chandigarh, one High Court Legal Services Committee for the High Court of Punjab and Haryana shall be constituted.

(2) For Legal Services originating or pertaining to Haryana State, Rules 19 to 27 of the Haryana State Legal Services Authority Rules, 1996, shall be followed.

10. Miscellaneous - All notifications, regulations and orders made by the State Government, will be valid unless they are inconsistent with Act, Rules made there under and these regulations.

11. Interpretation - If any question arises as to the interpretation of these regulations, the decision of the Executive Chairman of the State Authority shall be final.

-------------------

86

The National Legal Services Authority (Lok Adalat) Regulations, 2009

THE NATIONAL LEGAL SERVICES AUTHORITY

(LOK ADALAT) REGULATIONS, 2009

(As amended vide notification F.No. L/28/09/NALSA dated 28.08.2019 published in the Gazette of India on 6.9.2019)

In exercise of the powers conferred by Section 29 of the Legal Services Authorities Act, 1987, the Central Authority hereby makes the following regulations, namely:

1. Short title and commencement. - (1) These regulations may be called National Legal Services Authority (Lok Adalats) Regulations, 2009.

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

2. Definitions. - In these Regulations, unless the context otherwise requires -

(a) 'Act' means the Legal Services Authorities Act, 1987 (39 of 1987).

(b) 'Lok Adalat' means Lok Adalats to be organized under Section 19 of the Act (ba)¹'Pre-Litigation matter' means a dispute between the parties which is not filed before the court.

(c) All other words and expressions used but not defined in these regulations and defined in the Legal Services Authorities Act, 1987(39 of 1987) or the National Legal Services Authority Rules, 1995 shall have the meanings respectively assigned to them in the said Act or rules.

3. Procedure for organising Lok Adalats:- (1) Lok Adalat may be organised by the State Authorities or District Authorities or Supreme Court Legal Services Committee or High Court Legal Services Committee or, as the case may be, the Taluk Legal Services Committees at regular intervals and such Lok Adalats shall be organised for a definite geographical area as the aforesaid Authorities or Committees think fit:

Provided that, Special Lok Adalats shall be organised for all Family Courts at regular intervals.

(2) The Member-Secretary or Secretary of the High Court Legal Services Committee or District Authority, or the case may be, the Chairman of the Taluk Legal Services Committee may associate the members of the legal profession, college students, social organisations, charitable and philanthropic institutions and other similar organisations for organizing the Lok Adalats.

4. Intimation to the State Authority:- The Secretary of the High Court Legal Services Committee or District Authority or Chairman of the Taluk Legal Services Committee, as the case may be, shall inform the State Authority about the proposal to organize the Lok Adalat, well before the date on which the Lok Adalat is proposed to be organized, and furnish the following information to the State Authority, namely:-

(i) the place and the date on which the Lok Adalat is proposed to be organized;

87

The National Legal Services Authority (Lok Adalat) Regulations, 2009

(ii) whether any of the organisations as referred to in sub-regulation(2) of regulation 3 above have agreed to associate themselves with Lok Adalat;

(iii) categories and nature of cases,viz., pending cases or pre-lititgation disputes, proposed to be placed before the Lok Adalat;

(iv) number of cases proposed to be brought before the Lok Adalat in each category;

(v) any other information relevant to the convening and organizing of the Lok Adalat.

5. Notice to parties concerned:- The Member Secretary or Secretary of the High Court Legal Services Committee or District Authority or, as the case may be, the Chairman of the Taluk Legal Services Committee convening and organizing the Lok Adalat shall inform every party concerned whose case is referred to the Adalat, well in time so as to afford him an opportunity to prepare himself for the Lok Adalat:

Provided that such notice may be dispensed with, if the Court while referring the case to the Lok Adalat fixes or informs the date and time of the Lok Adalat in the presence of the parties, or their advocates:

Provided further that if a party is not willing to refer their case to Lok Adalat, the case may be considered on its merits by the Court concerned.

6. Composition of Lok Adalat:- (a) At State Authority Level.- The Member Secretary organising the Lok Adalat shall constitute benches of the Lok Adalats, each bench comprising of a sitting or retired Judge of the High Court or a serving or retired judicial officer and any one or²two of the following:-

(i) a member of the legal profession;

(ii) a social worker of repute who is engaged in the upliftment of the weaker sections of the people, including the Scheduled Castes, the Scheduled Tribes, women, children, rural and urban labour and interested in the implementation of legal services schemes or programmes.

(iii)³a professional from the field related to the subject matter of the Lok Adalat; and

(iv)⁴a mediator or a professional or a serving or retired senior executive.

(b) At High Court Level:- The Secretary of the High Court Legal Services Committee organizing the Lok Adalat shall constitute benches of the Lok Adalats, each bench comprising of a sitting or retired Judge of the High Court or a serving or retired Judicial Officer and any one or²two of the following: -

(i) a member of the legal profession;

2 Substituted vide notification dated 2 2 /10/2 018, published in the Gazette of India on 2 5/10/2 018.

3 Inserted vide notification dated 22/10/2018, published in the Gazette of India on 25/10/2018.

4 Inserted vide notification dated 22/10/2018, published in the Gazette of India on 25/10/2018.

88

The National Legal Services Authority (Lok Adalat) Regulations, 2009

(ii) a social worker belonging to the category as mentioned in item (ii) of sub-para

(a) above; 3 (iii) a professional from the field related to the subject matter of the Lok Adalat; and

4 (iv) a mediator or a professional or a serving or retired senior executive. (c ) At District Level:- The Secretary of the District Authority organizing the Lok Adalats shall constitute benches of the Lok Adalats, each bench comprising of a sitting or retired judicial officer and any one or²two of the following:-

(i) a member of the legal profession;

(ii) a social worker belonging to the category as mentioned in item(ii) of sub-para

(a) above or a person engaged in para-legal activities of the area, preferably a woman;

(iii) a professional from the field related to the subject matter of the Lok Adalat; and

(iv) a mediator or a professional or a serving or retired senior executive.

(d) At Taluk Level :- The Chairman of the Taluk Legal Services Committee organizing the Lok Adalat shall constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or two of the following:-

(i) a member of the legal profession;

(ii) a social worker belonging to the category as mentioned in item(ii) of sub-para

(a) above or a person engaged in para-legal activities of the area, preferably a woman;

(iii) a professional from the field related to the subject matter of the Lok Adalat; and

(iv) a mediator or a professional or a serving or retired senior executive.

6⁵ A. Payment of Special Duty Allowance:- If the Lok Adalat is organised on a holiday or organised beyond court hours on a working day, the⁶presiding judges, other members and staff assisting the Lok Adalat shall be paid Special Duty Allowance as may be fixed by the concerned State Legal Services Authority:

Provided that such Special Duty Allowance shall not be less than the allowance recommended by the National Legal Services Authority.

7. Allotment of cases to Lok Adalats:- (1) The Member Secretary, the Secretary of the High Court Legal Services Committee, the District Authority or Chairman of the Taluk Legal Services Committee, as the case may be, shall assign specific cases to each bench of the Lok Adalat.

(2) The Member Secretary, the Secretary of the High Court Legal Services Committee

5 Inserted vide notification dated 22/10/2018, published in the Gazette of India on 25 /10/2018.

6 Substituted vide notification dated 28/08/2019, published in the Gazette of India on 06 /09/2019.

89

The National Legal Services Authority (Lok Adalat) Regulations, 2009

or the District Authority or Chairman of the Taluk Legal Services Committee, as the case may be, may prepare a cause list for each bench of the Lok Adalat and intimate the same to all concerned at least two days before the date of holding of the Lok Adalat.

(3) Every bench of the Lok Adalat shall make sincere efforts to bring about a conciliated settlement in every case put before it without bringing about any kind of coercion, threat, undue influence, allurement or misrepresentation.

8. Holding of Lok Adalats. - Lok Adalats may be organised at such time and place and on such days, including holidays as the State Authority, High Court Legal Services Committee, District Authority, or the Taluk Legal Services Committee, as the case may be, organising the Lok Adalat deems appropriate.

9. Jurisdiction of Lok Adalats.- Lok Adalats shall have the power only to help the parties to arrive at a compromise or settlement between the parties to a dispute and, while so doing, it shall not issue any direction or order in respect of such dispute between the parties.

10. Reference of cases and matters. - (1) Lok Adalat shall get jurisdiction to deal with a case only when a court of competent jurisdiction orders the case to be referred in the manner prescribed in Section 20 of the Act or under Section 89 of the Code of Civil Procedure, 1908 (5 of 1908).

(^1A)7A pre- litigation matter may be referred to the Lok Adalat by the concerned Legal Services Institution on the request of any of the parties after giving a reasonable opportunity of being heard to the other party.

(2) A mechanical reference of pending cases to Lok Adalat shall be avoided and the referring court shall, prima facie satisfy itself that there are chances of settlement of the case through Lok Adalat and the case is appropriate to be referred to Lok Adalat:

Provided that matters relating to divorce and criminal cases which are not compoundable under the Code of Criminal Procedure, 1973 (2 of 1974) shall not be referred to Lok Adalat.

(3) In a pending case where only one of the parties had made application to the court for referring the case to Lok Adalat, or where the court suo motu is satisfied that the case is appropriate to take cognizance by Lok Adalat, the case shall not be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the parties. (4)⁸The need based continuous Lok Adalats may be constituted in order to facilitate regular reference and timely disposal of cases.

11. Summoning of records and the responsibility for its safe custody. - (1) The Member Secretary, the Secretary of the High Court Legal Services Committee, the District Authority or, as the case may be, the Chairman of the Taluk Legal Services Committee may

90

The National Legal Services Authority (Lok Adalat) Regulations, 2009

call for the judicial records of pending cases which are referred to the Lok Adalat under Section 20 of the Act from the courts concerned.

(2) The officer duly authorised by the Member Secretary, the Secretary of the High Court Legal Services Committee, the District Authority or the Chairman of the Taluk Legal Services, as the case may be, shall be responsible for the safe custody of records from receiving of the same from court till they are returned.

(3) The judicial records shall be returned within ten days of the Lok Adalat irrespective or whether or not the case is settled by the Lok Adalat with an endorsement about the result of proceedings:

Provided that wherever it is appropriate, the court concerned from where the records are called may permit the records to be retained beyond the period of ten days.

(4) Every judicial authority is expected to co-operate in transmission of the judicial records.

12. Pre-Litigation matters. - (1) In a Pre-litigation matter it may be ensured that the court for which a Lok Adalat is organised has territorial jurisdiction to adjudicate in the matter.

(2) Before referring a Pre-litigation matter to Lok Adalat the Authority concerned or Committee, as the case may be, shall give a reasonable hearing to the parties concerned. Provided that the version of each party, shall be obtained by the Authority concerned or, as the case may be, the Committee for placing it before the Lok Adalat,

(3) An award based on settlement between the parties can be challenged only on violation of procedure prescribed in section 20 of the Act by filing a petition under articles 226 and 227 of the Constitution of India.

13. Procedure in Lok Adalats.- (1) Members of Lok Adalat have the role of statutory conciliators only and have no judicial role and they, mutatis mutandis, may follow the procedure laid down in sections 67 to 76 of the Arbitration and Conciliation Act, 1996 (26 of

1996).

(2) Members of Lok Adalat shall not pressurise or coerce any of the parties, to compromise or settle cases or matters, either directly or indirectly.

(3) In a Lok Adalat the members shall discuss the subject matter with the parties for arriving at a just settlement or compromise and such members of the Lok Adalat shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute:

Provided that if it found necessary the assistance of an independent person or a trained mediator may also be availed of the by Lok Adalat.

(4) Members of Lok Adalat shall be guided by principles of natural justice, equity, fairplay, objectivity, giving consideration to, among other things, the rights and obligations of the parties, custom and usages and the circumstances surrounding the dispute.

91

The National Legal Services Authority (Lok Adalat) Regulations, 2009

(5) The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate taking into account the circumstances of the case, wishes of the parties including any request by a party to the Lok Adalat to hear oral statements, and the need for a speedy settlement of the dispute.

(6) The Lok Adalat shall not determine a reference, at its own instance, but shall determine only on the basis of a compromise or settlement between the parties by making an award in terms of the compromise or settlement arrived at:

Provided that no Lok Adalat has the power to hear the parties to adjudicate their dispute as a regular court:

Provided further that the aware of the Lok Adalat is neither a verdict nor an opinion arrived at by any decision making process.

14. Administrative assistance. - Administrative assistance for facilitating Lok Adalat proceedings may be arranged by suitable institutions or persons engaged in providing legal services.

15. Formulating compromise or settlements. - The Lok Adalat may, at any stage of the proceedings, make proposal for a settlement of the dispute and such proposal need not be accompanied by a statement of the reasons therefor.

16. Communication between Lok Adalat and parties. - (1) A Lok Adalat may invite the parties to meet it or may communicate with it orally or in writing and it may meet or communicate with the parties together or with each of them separately. The factual information concerning the dispute received from a party may be disclosed to the other party in order that the other party may have the opportunity to present any explanation:

Provided that the Lok Adalat shall not disclose any information, if one of the party desires to keep it confidential.

(2) Each party may on his own initiative or at the invitation of the Lok Adalat, submit suggestions for settlement of the dispute.

(3) When it appears to the Lok Adalat that there exists elements of a settlement which may be acceptable to the parties, the terms of a possible settlement may be formulated by the Lok Adalat and given to the parties for their observations and modifications, if any, suggested by the parties can be taken into consideration and terms of a possible settlement may be re- formulated by the Lok Adalat.

(4) If the parties reach a compromise or settlement of the dispute, the Lok Adalat may draw up or assist the parties in drawing up the compromise or settlement.

17. Award. - (1) Drawing up of the award is merely an administrative act by incorporating the terms of settlement or compromise agreed by parties under the guidance and assistance from Lok Adalat.

(2) When both parties sign or affix their thumb impression and the members of the Lok Adalat countersign it, it becomes an award. (see a specimen at Appendix-I) Every award of the

92

The National Legal Services Authority (Lok Adalat) Regulations, 2009

Lok Adalat shall be categorical and lucid and shall be written in regional language used in the local courts or in English. It shall also contain particulars of the case viz., case number, name of court and names of parties, date of receipt, register number assigned to the case in the permanent Register (maintained as provided under Regulation-20) and date of settlement. Wherever the parties are represented by counsel, they should also be required to sign the settlement or award before the members of the Lok Adalat affix their signature.

(3) In cases referred to Lok Adalat from a court, it shall be mentioned in the award that the plaintiff or petitioner is entitled to refund of the court fees remitted.

(4) Where the parties are not accompanied or represented by counsel, the members of the Lok Adalat shall also verify the identity of parties, before recording the settlement.

(5) Member of the Lok Adalat shall ensure that the parties affix their signatures only after fully understanding the terms of settlement arrived at and recorded. The members of the Lok Adalat shall also satisfy themselves about the following before affixing their signatures:

(a) that the terms of settlement are not unreasonable or illegal or one-sided; and

(b) that the parties have entered into the settlement voluntarily and not on account of any threat, coercion or undue influence.

(6) Members of the Lok Adalat should affix their signatures only in settlement reached before them and should avoid affixing signatures to settlement reached by the parties outside the Lok Adalat with the assistance of some third parties, to ensure that the Lok Adalats are not used by unscrupulous parties to commit fraud, forgery, etc.

(7) Lok Adalat shall not grant any bail or a divorce by mutual consent.

(8) The original award shall form part of the judicial records (in pre-litigation matter, the original award may be kept with the Legal Services Authority or committee, concerned) and a copy of the award shall be given to each of the parties duly certifying them to be true by the officer designated by the Member-Secretary or Secretary of the High Court Legal Services Committee or District Legal Services Authority or, as the case may be, the Chairman of Taluk Legal Services Committees free of cost and the official seal of the Authority concerned or Committee shall be affixed on all awards.

18. Confidentiality.—(1) The members of the Lok Adalat and the parties shall keep confidential all matters relating to the proceedings in the Lok Adalat and the members of the Lok Adalat shall not be compelled to disclose the matter which took place in the Lok Adalat proceedings before any court of law, except where such disclosure is necessary for purposes of implementation and enforcement of the award. `

(2) The views expressed and discussions made by parties during the proceedings of Lok Adalat in respect of the possible settlement of a dispute and the proposals made by the members of Lok Adalat or admission made by any party or the conduct of the parties in the course of the proceeding before Lok Adalat shall not be brought in evidence or made use of in other court or arbitral proceedings.

93

The National Legal Services Authority (Lok Adalat) Regulations, 2009

(3) Members of the Lok Adalat shall not record the statement of any of the parties or record any conduct of the parties or express any opinion in such a manner as it would prejudice such party in any other proceedings before a court or arbitrator.

(4) If any member of the Lok Adalat violates the confidentiality and the ethical concerns which are akin to any other judicial proceedings, such member shall be removed from the panel of members of Lok Adalat.

19. Failure of Lok Adalat proceedings. - If a pre-litigation matter is not settled in the Lok Adalat, the parties may be advised to resort to other Alternative Dispute Resolution (ADR) techniques or to approach a court of law and in appropriate cases they may be advised about the availability of legal aid.

20. Compilation of results. - At the conclusion of session of the Lok Adalat, the officer designated by the Member-Secretary, the Secretary of the High Court Legal Services Committee, the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall compile the results for submission to the State Authority in the proforma given in Appendix-II.

21. Maintenance of panel of names of Lok Adalat Members. - The Member-Secretary or Secretary of the High Court Legal Services Committee or District Authority or, as the case may be, the Chairman of the Taluk Legal Services Committee shall maintain a panel of names of retired judicial officers, advocates and social workers to work in Lok Adalats.

22. Procedure for maintain record of cases referred under Section 20 of the Act or otherwise. - (1) The officer designated by the Member-Secretary, the Secretary of the High Court Legal Services Committee, the District Authority or the Chairman of the Taluk Legal Services Committee, as the case may be, shall maintain a permanent register wherein all the cases and pre-litigation matters received by him by way of reference to the Lok Adalat shall be entered giving particulars of:

(i) date of receipt;

(ii) nature of the case or pre-litigation matter;

(iii) other particulars, if any;

(iv) date of compromise or settlement and the manner in which the case or matter was finally disposed of; and

(v) date of return of the case file.

(2) A copy of the award, if passed, duly certified in the manner stated in regulation 17 shall be kept in the office of the Authority or Committee, as the case may be, as a permanent record.

(3) Records other than the original of the awards of pre-litigation Lok Adalats may be destroyed after a period of three years from the date of disposal of the matter by Lok Adalat.

23. Appearance of lawyers and the procedure to be followed in the cases before Lok Adalat. - The appearance of lawyers on behalf of the parties at the Lok Adalat shall not be barred and an effort shall be made to encourage the parties to be present personally. The lawyers may be advised to avoid wearing their robes and bands during the proceedings before the Lok Adalat.

94

The National Legal Services Authority (Lok Adalat) Regulations, 2009

24. Application of regulation. - The above regulations shall be applicable in the same manner with appropriate changes to the Lok Adalats organised by the National Legal Services and the Supreme Court Legal Services Committee.

APPENDIX-I

BEFORE THE LOK ADALAT

HELD AT

[Organized by Authority/ Committee under Section 19, of Legal Services Authorities Act 1987(Central Act)] Petitioner/Plaintiff/Complainant :

Defendant/Respondent :

No. of proceedings of the Court/Authority/Committee Present:-

Name of Judicial Officer / :

Retired Judicial Officer

Name of Members: (1)

(2)

AWARD

The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised/settled the case/matter, the following award is passed in terms of the settlement :

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

………………………………………………………

The parties are informed that the court fee, if any, paid by any of them shall be refunded.

Petitioner/Plaintiff/Complainant Defendant/Respondent

Judicial Officer Member Member Date:

(Seal of the Authority/Committee)

95

The National Legal Services Authority (Lok Adalat) Regulations, 2009 APPENDIX-II

PROFORMA

DISPOSAL OF CASES IN LOK ADALAT

Place: Date:

Nature of Cases disposed of Sl.No. Case No. Name of Civil Claims Criminal parties

Total

************

96

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

THE NATIONAL LEGAL SERVICES AUTHORITY (FREE AND

COMPETENT LEGAL SERVICES) REGULATIONS, 2010

(As amended vide notification F.No. L/61/10/NALSA dated 28.08.2019 and Addendumd ated 18.9.2019 published in the Gazette of India on 06.09.2019 and 19.9.2019 respectively)

- In exercise of the powers conferred by section 29 of the Legal Services Authorities Act, 1987 (39 of 1987) and in pursuance of the provisions in section 4 of the Act to make available free and competent legal services to the persons entitled thereto under section 12 of the said Act, the Central Authority hereby makes the following regulations, namely: -

1. Short title, extent and commencement. - (1) These regulations may be called the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010.

(2) They shall be applicable to Supreme Court Legal Services Committee, State Legal Services Authorities, High Court Legal Services Committees, District Legal Services Authorities, and Taluk Legal Services Committees in India.

(3) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions. - (1) In these regulations, unless the context otherwise requires, -

(a) "Act" means the Legal Services Authorities Act, 1987 (39 of 1987);

(b) "Form" means a Form annexed to these Regulations;

(c) "Front Office" means a room in the Legal Services Institution where legal services are made available;

(d) "Legal Practitioner" shall have the meaning assigned to it in clause (i) of section 2 of the Advocates Act, 1961 (25 of 1961);

(e) "Legal Services Institution" means the Supreme Court Legal Services Committee, a State Legal Services Authority, the High Court Legal Services Committee, District Legal Services Authority or the Taluk Legal Services Committee, as the case may be;

(ea)¹"Monitoring and Mentoring Committee" means the Committees set up under regulation 10;

(eb) "Panel Lawyer" means a legal practitioner empanelled as a Panel lawyer under regulation 8;

(f) "Para-Legal Volunteer" means a para-legal volunteer trained²under the 'National Legal Services Authority Scheme for Para Legal Volunteers' and empanelled by a Legal Services Institution;

(fa)³"Retainer Lawyer" means a Panel Lawyer designated as the Retainer Lawyer under sub-

97

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

regulation (9) of regulation 8;

(g) "Secretary" means the Secretary of the Legal Services Institution;

(h) "Section" means the section of the Act;

(i) "State regulation" means regulation made by the State Authorities under the Act.

2. All other words and expressions used but not defined in these regulations shall have the same meanings assigned to them in the Act.

3. Application for legal services.- ⁽¹⁾ An application for legal services may be presented preferably in Form-I in the local language or English.

(2) The applicant may furnish a summary of his grievances for which he seeks legal services, in a separate sheet along with the application.

(3) An application, though not in Form-I, may also be entertained, if reasonably explains the facts to enable the applicant to seek legal services.

(4) If the applicant is illiterate or unable to give the application on his or her own, the Legal Services Institutions may make arrangement for helping the applicant to fill up the application form and to prepare a note of his or her grievances.

(5) Oral requests for legal services may also be entertained in the same manner as an application under sub-regulation (1) and (2).

(6) An applicant advised by the para-legal volunteers, legal aid clubs, legal aid clinics and voluntary social service institutions shall also be considered for free legal services.

(7) Requests received through e-mails and interactive on-line facility also may be considered for free legal services after verification of the identity of the applicant and on ensuring that he or she owns the authorship of the grievances projected.

4. Legal Services Institution to have a front office^.- (1) All Legal Services Institutions shall have a front office to be manned by [a Retainer Lawyer on rotational basis and]⁴one or more para-legal volunteers available during office hours.

Provided⁵that persons with the qualification of Masters degree in Social Work or Diploma or Masters' degree in psychiatry or psychology from any recognised institute or university may also be called to the front office as and when necessary. (1A)⁶The Front Offices shall act as one stop centres for legal aid seekers to receive legal aid and advice and all information about their cases and all legal services provided by the Legal Services Institutions.

(2)⁷******

98

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

(3)⁸****** (4)⁹The Para-Legal Volunteers or the panel lawyer or the retainer lawyer, as the case may be, in the front office may obtain secretarial assistance from the staff of the Legal Services Institutions.

(5)¹⁰********

5¹¹. Proof of entitlement of free legal services. - A self-certificate of the applicant, along with self-attested copy of relevant documents or certificates, if any, that he falls under the categories of persons entitled to free legal services under Section 12 of the Act shall ordinarily be sufficient.

(2)¹²*********

(3)¹³********

6. Consequences of false or untrue details furnished by the applicant. -The applicant shall be informed that if free legal services have been obtained by furnishing incorrect or false information or in a fraudulent manner, the legal services shall be stopped forthwith and that the expenses incurred by the Legal Services Institutions shall be recoverable from him or her.

7¹⁴. Scrutiny and evaluation of the application for free legal services.- (1) The application for legal services, for eligibility of the applicant and existence of a prima facie case to prosecute or to defend, shall be scrutinized by the Member-Secretary or Secretary, as the case may be, or any officer, deputed by him:

Provided that a defendant in a civil case and an accused or a convict in a criminal case shall be deemed to have prima facie case to defend or to file an appeal against his conviction and sentence:

Provided further that in case, there is some difficulty to determine the prima facie case to prosecute, the Member-Secretary or Secretary may for this purpose, seek opinion from a panel lawyer having more than seven years standing at the Bar:

Provided further that in case of the Supreme Court Legal Services Committee, the Secretary shall seek opinion from an Advocate having more than fifteen years standing at the Bar.

(2) A decision on application for legal services shall be taken immediately, but not more than seven days from the date of receipt of the application.

99

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

(3) If the applicant is not covered under the categories mentioned in section 12, he or she shall be advised to seek assistance from any other body or person rendering free legal services either voluntarily or under any other scheme.

(4) The Legal Services Institution shall maintain a list of such agencies, institutions or persons who have expressed willingness to render free legal services.

(5) Any person aggrieved by the decision or order of the Member-Secretary or the Secretary, as the case may be, he may prefer appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision or order in appeal shall be final.

(6) In case the Member-Secretary or Secretary of the Legal Services Institution decides to provide legal services through a panel lawyer, the choice of the panel lawyer, if expressed by the applicant, may be considered.

8¹⁵. Selection of legal practitioners as panel lawyers. - (1) Every Legal Services Institution shall invite applications from legal practitioners for their empanelment as panel lawyers and such applications shall be accompanied with proof of the professional experience with special reference to the type of cases which the applicant-legal practitioners may prefer to be entrusted with.

(2) The applications received under sub-regulation (1) shall be scrutinised and selection of the panel lawyers shall be made by the Executive Chairman or Chairman of the Legal Services Institution in consultation with the Attorney General [for the Supreme Court], Advocate General [for the High Court], District Attorney or Government Pleader [for District and Taluka level] and the Monitoring and Mentoring Committee set up under regulation 10:

Provided that the Executive Chairman or Chairman of the Legal Services Institution may also suo moto empanel any legal practitioner;

Provided¹⁶further that the size of panel should be optimised so that each lawyer can be allotted sufficient cases.

(3) No legal practitioner having less than three years' experience at the Bar shall ordinarily be empanelled.

(4) District Legal Services Authorities and Taluk Legal Services Committees shall get the panel approved from the Executive Chairman of the State Legal Services Authority.

(5) The Executive Chairman or Chairman of the Legal Services Institution shall take into consideration the competency, integrity, suitability, and experience of lawyers for the empanelment.

(6) There may be representation of the Scheduled Castes, the Scheduled Tribes, women and differently abled lawyers in the panel.

(7) The Executive Chairman or Chairman of the Legal Services Institution may maintain separate panels for dealing with different types of cases like Civil, Criminal, Constitutional Law,

100

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

Environmental Law, Labour Laws, Matrimonial disputes, Juvenile Justice, etc.

(8) The Member-Secretary or Secretary, as the case may be, may assign a case to a panel lawyer of a subject matter other than for which he has been empanelled.

(9) The Chairman of the Legal Services Institution may, in consultation with the Executive Chairman of the State Legal Services Authority or National Legal Services Authority, as the case may be, prepare a list of legal practitioners from among the panel lawyers to be designated as Retainers.

(10) The Retainer lawyers shall be selected for a period fixed by the Executive Chairman on rotation basis or by any other method specified by the Executive Chairman. (11)¹⁷The number of Retainer lawyers in the panel of each Legal Services Institution, should not exceed the minimal requirement as determined by the Executive Chairman or the Chairman, as the case may be.

(12) The honorarium payable to Retainer lawyer shall not be less than, -

(a) rupees forty thousand per month in the case of Supreme Court Legal Services Committee;

(b) rupees twenty five thousand per month in the case of State Legal Services Authority or High Court Legal Services Committee;

(c) rupees fifteen thousand per month in the case of District Legal Services Authority;

(d) rupees ten thousand per month in the case of the Taluk Legal Services Committee:

Provided that the honorarium specified in this sub-regulation is in addition to the honorarium or fee payable by the Legal Services Institution for each case entrusted to the Retainer lawyer.

Provided¹⁸further that the State Legal Services Authority may decide to make the payment of honorarium to the Retainer Lawyers on the basis of number of days they man the Front Office. In such cases the honorarium so payable shall not be less than Rs. 1500 per day of sitting at the district and taluka court level and Rs. 2500 at the High Court level.

(13) The panel prepared under sub-regulation (2) for the period of three years shall also be reviewed and updated periodically by the Executive Chairman or the Chairman, as the case may be, keeping in view the performance of the panel lawyers.

(14) The Legal Services Institution shall be at liberty for withdrawing any case from a Retainer Panel Lawyer during any stage of the proceedings.

(15) If a panel lawyer is desirous of withdrawing from a case he shall state the reasons thereof to the Member-Secretary or the Secretary, as the case may be, and the panel lawyer may be permitted to do so by an order.

(16) The panel lawyers shall not ask for or receive any fee, remuneration or any valuable

101

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

consideration in any manner, from the person to whom he has rendered legal services under these regulations.

(17) If the panel lawyer engaged is not performing satisfactorily or has acted contrary to the object and spirit of the Act and these regulations, the Legal Services Institution shall take appropriate steps including withdrawal of the case from such lawyer and his removal from the panel.

(18) The panel lawyers shall undergo training periodically as per modules prepared by the National Legal Services Authority and the State Legal Services Authority.

(19) The participation in the training programme shall be a relevant consideration for the retention or continuation of panel lawyers.

9¹⁹. Legal services by way of legal advice, consultation, drafting and conveyancing. - (1) The Executive Chairman or Chairman of the Legal Services Institution may maintain a separate panel of senior lawyers, law firms, retired judicial officers, mediators, conciliators and law professors in the law universities or law colleges for providing legal advice and other legal services like drafting and conveyancing.

(2) The Executive Chairman or Chairman of the Legal Services Institution, as the case may be, may maintain a separate panel of retired senior bureaucrats, senior executives, retired police officials, doctors, engineers, psychiatrists, marriage counsellors, chartered accountants, educationists and other experts of the specialised field for legal services and honorarium payable to them shall be decided by the Executive Chairman of State Legal Services Authority or the Chairman of the Supreme Court Legal Committee, as the case may be.

(3) The Member-Secretary may send a request to Senior Advocates to volunteer their pro bono professional services for rendering advice as and when required.".

10²⁰. Monitoring and Mentoring Committee. - (1) Every Legal Services Institution shall set up a Monitoring and Mentoring Committee for close monitoring of the court based legal services rendered and the progress of the cases in the legal aided matters and to guide and advise the panell awyer.

(2) The Monitoring and Mentoring Committee at the level of the Supreme Court shall consist of,-

(i)²¹a Senior Advocate or an Advocate of at least 15 years of standing as nominated by the Chairman, Supreme Court Legal Services Committee;

(ii) Secretary, Supreme Court Legal Services Committee;

(iii) a renowned Academician or an Advocate-on-Record having ten years of practice to be nominated by the Chairman of the Supreme Court Legal Services Committee;

(iv) The Legal Service Counsel-cum-Consultant, Supreme Court Legal Services Committee.

102

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

(3) The Monitoring and Mentoring Committee at the level of the High Court shall consist of, -

(i) a²²Senior Advocate or an Advocate of at least 15 years of standing as nominated by the Chairman, High Court Legal Services Committee;

(ii) Secretary, High Court Legal Services Committee.

(4) The Monitoring and Mentoring Committee at the State or District Legal Services Authority shall consist of, -

(i) Member-Secretary or Secretary of the Legal Services Institution, as the case may be;

(ii) one serving judicial officer from the State Higher Judicial Service;

(iii) one retired judicial officer or one Advocate of fifteen years' standing or more.

(5) The Monitoring and Mentoring Committee at the Taluk Legal Services Committee shall consist of, -

(i) Chairman of the Taluk Legal Services Committee;

(ii) one retired judicial officer or²³;

(iii) one advocate of 10 years standing or more.

(6) The members of the Monitoring and Mentoring Committee shall render their services on the days as may be required and fixed by the Executive Chairman or Chairman of the Legal Services Institution and the members except serving Judicial Officers shall be paid the honorarium as fixed by the Executive Chairman.

11²⁴. Procedure of the Monitoring and Mentoring Committee. - (1) Whenever court based legal aid is provided to an applicant, the Member-Secretary or Secretary as the case may be, shall send the details in Form II to the Monitoring and Mentoring Committee at the earliest.

(2) The Legal Services Institution shall provide adequate staff and infrastructure to the Monitoring and Mentoring Committee for maintaining the records of the day-to-day progress of the legal aided cases.

(3) The Monitoring and Mentoring Committee shall assist the Legal Services Institution in organising training programmes for panel lawyers from time to time to enhance the skill of the panel lawyers.

(4) The Monitoring and Mentoring Committee shall mentor the panel lawyers and guide them in providing quality legal services.

(5) The Monitoring and Mentoring Committee shall maintain a register for legal aided

103

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

cases for monitoring the day-to-day progress of the case and the end result (success or failure) in respect of cases for which legal aid is allowed and the said register shall be scrutinised every month by the Member-Secretary or Secretary or the Chairman, as the case may be.

(6) The Legal Services Institution may request the Presiding Officer of the court to allow access to the registers maintained by the court for ascertaining the progress of the cases.

(7) The Monitoring and Mentoring Committee shall keep a watch on the progress of the case by calling for reports from the panel lawyers within such time as may be determined by the Committee.

(8) If the progress of the case is not satisfactory, the Committee may advise the Legal Services Institution to take appropriate steps.

(9) The Committees shall meet at least once in a fortnight.

(10) The Monitoring and Mentoring Committee may meet as and when the meeting is convened by the Member-Secretary or the Secretary as the case may be.

12. Monitoring and Mentoring Committee to submit bi-monthly reports. - (1) The Monitoring and Mentoring Committee shall submit bi-monthly reports containing its independent assessment on the progress of each and every legal aid case and the performance of the panel lawyer or Retainer lawyer, to the Executive Chairman or Chairman of the Legal Services Institution.

(2) After evaluating the reports by the Committee, the Executive Chairman or Chairman of the Legal Services Institution shall decide the course of action to be taken in each case.

(3) It shall be the duty of the Member-Secretary or Secretary of the Legal Services Institution to place the reports of the Monitoring Committee before the Executive Chairman or Chairman of the Legal Services Institution and to obtain orders.

13. Financial assistance. - (1) If a case for which legal aid has been granted requires additional expenditure like payment of court fee, the fee payable to the court appointed commissions, for summoning witnesses or documents, expenses for obtaining certified copies etc., the LegalServices Institution may take urgent steps for disbursement of the requisite amount on the advice of the panel lawyer or Monitoring and Mentoring Committee.

(2) In the case of appeal or revision the Legal Services Institution may bear the expenses for obtaining certified copies of the judgment and case records.

14. Payment of fee to the panel lawyers. - (1) Panel lawyers shall be paid fee in accordance with the Schedule of fee, as approved under the State regulations.

(2) The State Legal Services Authority and other Legal Services Institution shall effect periodic revision of the honorarium to be paid to panel lawyers for the different types of services rendered by them in legal aid cases.

104

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

(3) As soon as the report of completion of the proceedings is received from the panel lawyer, the Legal Services Institution shall, without any delay, pay the

15. Special engagement of senior advocates in appropriate cases. - (1) If the Monitoring and Mentoring Committee or Executive Chairman or Chairman of the Legal Services Institution is of the opinion that services of senior advocate, though not included in the approved panel of lawyers, has to be provided in any particular case the Legal Services Institution may engage such senior advocate.

(2) Notwithstanding anything contained in the State regulations, the Executive Chairman or Chairman of the Legal Services Institution may decide the honorarium of such senior advocate. [*****]²⁵

16. Evaluation of the legal aid cases by the National Legal Services Authority and State Legal Services Authorities. - (1) The Supreme Court Legal Services Committee shall send copies of the bi-monthly reports of the Monitoring and Mentoring Committee of the Supreme Court Legal Services Committee to the Central Authority.

(2) The High Court Legal Services Committees, the State Legal Services Authorities shall submit copies of the bi-monthly reports of their Monitoring and Mentoring Committees to their Patron-in-Chief.

(3) The District Legal Services Authorities and Taluk Legal Services Committees shall submit copies of the bi-monthly reports of their Monitoring and Mentoring Committees to the Executive Chairman of the State Legal Services Authority.

(4) The State Legal Services Authorities shall also send consolidated half- yearly reports of the Monitoring Committees, indicating the success or failure of each of the legal aided cases, to the Central Authority.

(5) In appropriate cases, the Executive Chairman of the National Legal Services Authority may nominate and authorise the members of its Central Authority to supervise, monitor or advise the Legal Services Institution for effective and successful implementation of these regulations.

105

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

FORM -I National Legal Services Authority (Free and Competent Legal Services) Regulations, -2010 (see regulation-3)

The Form of Application for Legal Services (This may be prepared in the regional language) Registration No.

1. Name :

2. Permanent Address :

3. Contact Address with phone no. if any, e-mail ID, if any :

4. Whether the applicant belongs to the category of persons mentioned in section -12 of the Act :

5. Monthly income of the applicant

:

6. Whether proof has been produced in support of income/eligibility u/s 12 of the Act :

7. Nature of legal aid or advise required :

8. A brief statement of the case, if court based legal services is required :

…………………………..

Signature of the applicant

Place:

Date:

106

The National Legal Services Authority (Free And Competent Legal Services) Regulations, 2010

Form-II National Legal Services Authority (Free and Competent Legal Services) Regulation, 2010 (see regulation-11)

Information furnished to the Monitoring and Mentoring Committee about the legal Services provided

(i) Name of the Legal Services Institution : ……………………………..

(ii) Legal aid application number and date on which legal aid was given. : ……………………………..

(iii) Name of the legal aid applicant : ……………………………..

(iv) Nature of case : …………………………….. (civil, criminal, constitutional law etc,).

(v) Name and roll number of the lawyer assigned to the applicant : ……………………………..

(vi) Name of the Court in which the case is to be filed/defended : ……………………………..

(vii) The date of engaging the panel lawyer : ………………………………

(viii) Whether any monetary assistance like, court fee, advocate commission fee, copying : ………………………………. charges etc. has been given in advance?

(ix) Whether the case requires any interim orders or appointment of commission? : ………………………………

(x) Approximate expenditure for producing records, summoning of witnesses etc. : ……………………………….

(xi) The expected time for conclusion of the proceedings in the Court : ………………………………. MEMBER-SECRETARY / SECRETARY

Dated …………………………..

107

108

109

110

111

112

113

114

Notification issued by Central Government, Haryana Government and Haryana State Legal Services Authority

Notification

Government of India

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Department of Legal Affairs)

Notification

New Delhi, the 9th November, 1995

S.O. 893(E). - In exercise of the powers conferred by sub-section (3) of Section 1 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central Government hereby appoints the 9^thNovember, 1995 as the date on which all the provisions of the said Act except Chapter III shall come into force.

[F.No.6(10)/89- CILAS]

Dr. V.K. Agarwal, Addl. Secy.

---------------------------------------------------------------------------------------------- Government of India

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Department of Legal Affairs)

New Delhi, the 3rd April, 1996

Notification S.O.(E) - In exercise of the powers conferred by sub-section (3) of section 1 of the Legal Services Authorities Act, 1987 (39 of 1987), the Central Government hereby appoints 3^rdApril, 1996 as the date on which the provisions of chapter III of the said Act shall come into force in the State of Haryana.

(Dr.V.K. Agarwal)

Additional Secretary to the

Government of India

F.No.6(1)(7)/95-NALSA

115

Notification issued by Central Government, Haryana Government and Haryana State Legal Services Authority

HARYANA GOVERNMENT

ADMINISTRATION OF JUSTICE DEPARTMENT

NOTIFICATION

The 15^thOctober, 1997

No.20/10/96-4JJ(I) - In exercise of the powers conferred by sub-section (1) of section 6 of the Legal Services Authorities Act, 1987 (Central Act No.39 of 1987) read with rule 3 of the Haryana State Legal Services Authority Rules, 1996 the Governor of Haryana hereby constitutes a body to be called the State Authority for the State of Haryana to exercise the powers and perform the functions conferred on, or assigned to, it under the aforesaid Act and rules and consisting of the following members, namely :-

1. Hon'ble Chief Justice of High Court of Punjab and Haryana. Patron-in-Chief

2. Name of the Hon'ble Judge shall be notified separately. Executive Chairman

3. Secretary to Government, Haryana Administration of Justice Department. Member

4. Secretary to Government, Haryana, Finance Department. Member

5. Secretary to Government, Haryana, Law and Legislative Department Member

6. Advocate General, Haryana. Member

7. Director General of Police, Haryana. Member

8. Chairman, Bar Council of Haryana & Punjab. Member

9. Director, Public Relations Department, Haryana. Member

10. Member Secretary of the State Authority. Member.

11. Chairman, District Legal Services Authority.

12. Chairman, District Legal Services Authority.

13. Chairperson, Haryana State Commissioner for women.

14. The Director, Welfare of Schedule Castes & Backward Classes, Haryana.

15. Chairman, Department of Law, Kurukshetra/MDU Rohtak.

16. Secretary, Education Secondary.

17. Secretary, Education Higher. The names of nominated members of the State Authority shall be notified later on.

K.G.VARMA

Financial Commissioner & Secretary to Government, Haryana, Administration of Justice Department.

116

Notification issued by Central Government, Haryana Government and Haryana State Legal Services Authority

HARYANA GOVERNMENT

Administration of Justice Department Notification

The 15^thOctober, 1997

No.20/10/96-4JJ(I) - In exercise of the powers conferred by sub-section (1) of section 9 of the Legal Services Authorities Act, 1987 (Central Act No. 39 of 1987) read with rule 15 of the Haryana State Legal Services Authority Rules, 1996, the Governor of Haryana, hereby constitutes a body for every district in the State of Haryana to be called the District Authority to exercise the powers and perform the functions conferred on, or assigned to it under the aforesaid Act, for the said district consisting of the following ex-officio members, namely :-

1. District & Sessions Judge Chairman

2. District Magistrate Member

3. Superintendent of Police Member

4. District Attorney Member

5. Chief Judicial Magistrate Member Secretary

The names of nominated memb ers of each District Legal Services Authority shall be notified later on.

K.G.VARMA

Financial Commissioner & Secretary to

Government, Haryana, Administration of Justice Department.

117

Notification issued by Central Government, Haryana Government and Haryana State Legal Services Authority

HARYANA STATE LEGAL SERVICES AUTHORITY

NOTIFICATION

The 23^rdDecember, 1997

No. MS/HLSA/2(18). - In the meeting of the Haryana State Legal Services Authority held on 15.12.97 under the Chairmanship of the Hon'ble Chief Justice, Punjab and Haryana High Court as Patron-in-Chief, it was decided that the Executive Chairman of the State Authority, shall have the power of general superintendence/direction, control and management for day to day working of the State Authority.

It is, therefore, ordered that the Executive Chairman of the State Authority shall have the powers of general superintendence, direction, control and management for day to day working of the State Authority. By Order of the

Haryana State Legal

Services Authority,

Chandigarh.

----------------------------------------------------------------------------------------------

HARYANA GOVERNMENT

Administration of Justice Department Order

The Governor of Haryana is pleased to declare Member Secretary, Haryana State Legal Services Authority, as "Head of Department".

K.G.VARMA

Dated Chandigarh Financial Commissioner & Secretary to the 29.7.1998. Government, Haryana, Administration of Justice Department.

Endst. No. 20/7/97-4JJ (I) Dated 29.7.98

118